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Legal Ethics
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January 29, 2025
Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict
A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.
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January 29, 2025
JCPenney Says Jackson Walker Owes $1M For Judge's Affair
Jackson Walker LLP should have to return the more than $1 million paid to it by J.C. Penney given the firm's failure to disclose that one of its partners had a romantic relationship with the judge who had overseen the retailer's bankruptcy, the retailer's estate says in a new lawsuit in Texas federal court.
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January 29, 2025
Atty's Indictment DQs Firm From Retaliation Suit, Panel Told
A social worker suing New Jersey for retaliation told a state appeals court Wednesday that Brown & Connery LLP should be disqualified from representing the state, arguing the indictment of senior partner William Tambussi creates a conflict of interest for the firm.
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January 29, 2025
Jay-Z Says Buzbee Barratry Suits Cite Fake Texas Investigator
Attorneys for Shawn "Jay-Z" Carter told a Houston federal court that personal injury lawyer Tony Buzbee included a fictitious defendant in two lawsuits claiming the rapper tried to recruit former Buzbee clients to file malpractice claims.
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January 29, 2025
Bankrupt MMA Law Seeks Hurricane Case Fees From 2 Firms
Bankrupt firm MMA Law has filed adversary suits against two law firms in Texas bankruptcy court seeking to recover fees related to work done on behalf of hurricane victim clients that it says belong to its bankruptcy estate.
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January 29, 2025
Attys Apologize To Del. Judge For Unclear Discovery Bid
Attorneys from Heyman Enerio Gattuso & Hirzel, Wachtel Lipton Rosen & Katz, and White & Case have apologized to Delaware's chief U.S. district judge for not "clearly" communicating necessary information in a discovery bid related to their defense of corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.
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January 29, 2025
KPMG's US Law Firm Plan Still Under Review By Ariz. Justices
Accounting giant KPMG's bid to own a U.S. law firm remains unresolved after the Arizona Supreme Court held a scheduled meeting on the matter.
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January 29, 2025
Lowenstein Sandler Hit With Malpractice Suit From Dispensary
A cannabis dispensary facing a lawsuit from Lowenstein Sandler LLP for unpaid legal fees has fired back with a malpractice suit against the firm, alleging its attorneys helped the dispensary's former CEO in an attempted hostile takeover of the company.
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January 29, 2025
Calif. Panel OKs Ax Of HR Worker's Bias Suit Against Proskauer
A California appeals court on Tuesday affirmed the dismissal of a human resources employee's discrimination and wrongful termination suit against her former employer and its outside counsel Proskauer Rose LLP and multiple attorneys, finding that the lower court didn't err in striking a belated amended complaint and refusing to let her re-file.
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January 29, 2025
Buzbee Client Drops Assault, Malpractice Suit
A woman has moved to drop a lawsuit in New York state court alleging Texas personal injury lawyer Tony Buzbee — known lately for representing women who have accused Sean "Diddy" Combs and Shawn "Jay-Z" Carter of sexual misconduct — assaulted her and mishandled her divorce case.
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January 29, 2025
Trump Taps Sullivan & Cromwell For NY Hush Money Appeal
President Donald Trump tapped a new legal team to handle the appeal of his hush money conviction, filing a notice on the New York state court docket Wednesday signed by a team of Sullivan & Cromwell LLP attorneys.
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January 29, 2025
Dechert Seeks Clawback From Ex-Atty After $132K Pay Error
A former Dechert senior project attorney is accused of failing to report a $132,250 billing error and refusing to return the funds, according to a suit the firm brought against her in New York state court.
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January 28, 2025
Erika Girardi Didn't Know About Fraud, Appeals Court Says
A California appellate court Tuesday refused to disturb a lower court's finding that reality television star Erika Girardi wasn't aware that her former husband and his firm might have misappropriated settlement funds owed to co-counsel, agreeing that the "undisputed facts" back the lower court's ruling.
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January 28, 2025
Proud Boys Atty Beats Researcher's IP Claim In Mixed Verdict
A Washington, D.C., federal jury Tuesday cleared an attorney who defended a Proud Boy accused of attacking the U.S. Capitol of infringing a Texas-based researcher's copyright, but found that the attorney owes the researcher $77,000 for skipping out on his bill.
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January 28, 2025
9th Circ. Backs Class Attys' $8M In Fees In Joint Juice Suit
The Ninth Circuit on Tuesday upheld an $8 million fee award to plaintiffs who prevailed in a false advertising suit against food company Premier Nutrition Corp. over its Joint Juice supplement, finding the lower court didn't abuse its discretion in awarding fees for work plaintiffs' attorneys performed while a related case was pending.
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January 28, 2025
Lobbying Is Not A Crime, Madigan Co-Defendant Tells Jury
An attorney for an ex-lobbyist standing trial on public corruption charges alongside former Illinois House Speaker Michael Madigan told jurors on Tuesday the government failed to establish that his client conspired to trade the ex-speaker's support for do-nothing jobs, saying all that really happened was "lobbying and politics."
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January 28, 2025
Baker Botts Atty Says Inventor's Defamation Claims Are False
A Baker Botts LLP partner hit back Tuesday against a patent-licensing company executive's claims that she made defamatory statements about him related to infringement litigation over a patent for a mobile restaurant ordering app with personalized suggestions.
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January 28, 2025
Amid Big Bets, Tom Goldstein Argued 'Poker Is Not Gambling'
A federal indictment's jarring portrayal of pioneering U.S. Supreme Court advocate Tom Goldstein as an "ultrahigh-stakes" gambler who dodged taxes has left the legal community virtually speechless. But Goldstein's status as a serious poker player was not a secret, and in past court cases, he proclaimed the card game "fundamentally dissimilar" from conventional gambling, even while preparing to wager millions on matches.
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January 28, 2025
Pa. Bank Regulator Claims Co. Hid Affiliation, Misused Privilege
A Texas debt-settlement company should be sanctioned for failing to disclose its alleged affiliation with another debt consolidator and for invoking attorney-client privilege when pressed about how its general counsel complied with a subpoena, Pennsylvania's banking regulator told a state court Tuesday.
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January 28, 2025
Law Firm Accused Of Botching NYC Construction Lawsuit
An HVAC subcontractor and one of its investors claim that attorneys at a New York law firm cost them a $700,000 judgment at trial by failing to call any witnesses or produce any documents to rebut claims from a general contractor that they diverted funds, according to a lawsuit in New Jersey state court.
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January 28, 2025
Watchdog Wants Conn. Atty Suspended For Escrow Theft
Connecticut's Office of Chief Disciplinary Counsel is calling for an attorney with a history of court reprimands and grievances to face a license suspension, after she was found liable for statutory theft of client funds.
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January 28, 2025
Miami Developer Has To Pay Fees Owed To Carlton Fields
A Miami developer suing the Carlton Fields law firm can't dodge bills for legal work the firm performed for him, as a Florida state judge on Tuesday granted the firm a win on its counterclaim seeking payment of outstanding legal fees.
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January 28, 2025
Morgan & Morgan Keeps Win To Arbitrate Malpractice Claims
A Georgia federal judge on Tuesday declined to reconsider a ruling granting Morgan & Morgan PA's bid to compel arbitration in a former client's legal malpractice case or to send the dispute back to state court.
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January 28, 2025
Mich. Steakhouse Drops $2M Negligence Suit Against Atty
A Michigan steakhouse has dropped its malpractice suit against its former attorney after claiming the lawyer made mistakes in franchise agreements that cost it more than $2 million, according to a stipulated order Tuesday.
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January 28, 2025
Colo. Atty Hits DC-Area Law Firm With Bias Suit Over Firing
A Colorado attorney has sued the Washington, D.C.-area firm Volkov Law Group, alleging it discriminated against her based on age and gender when she was "abruptly and unlawfully fired" in October 2023 at the age of 56, and accusing the firm of wrongfully withholding wages.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.