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Legal Ethics
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June 25, 2024
Ga. Supreme Court Removes Arrested Judge From Bench
The Georgia Supreme Court on Tuesday removed Douglas County Probate Court Judge Christina Peterson from office for violations of the state's code of judicial conduct, including jailing a woman seeking to amend her marriage record, after Peterson was arrested outside an Atlanta nightclub last week on unrelated charges.
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June 25, 2024
House GOP Looks To Hold Biden Ghostwriter In Contempt
The House Judiciary Committee will consider a resolution on Thursday on whether to hold President Biden's ghostwriter Mark Zwonitzer in contempt for refusing to turn over materials related to special counsel Robert Hur's investigation of the president's handling of classified documents.
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June 25, 2024
DC Court Of Appeals Suspends Hunter Biden's Law License
The D.C. Court of Appeals on Tuesday suspended Hunter Biden's license to practice law in the district because of his recent conviction on federal gun charges.
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June 25, 2024
Justice Berger Asks Full NC High Court To Decide Recusal Bid
North Carolina Supreme Court Justice Phil Berger Jr. asked the full court on Monday to decide whether he should recuse himself from two constitutional challenges concerning the governor's appointment powers given his father's role in the litigation as a state lawmaker.
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June 25, 2024
Conn. Atty Agrees To 10-Day Suspension For Unexplained Fee
A Connecticut attorney accused of charging an unreasonable fee and failing to communicate with a former client following an underlying vehicle buyback negotiation has agreed to a 10-day suspension and three hours of legal ethics-focused continuing education courses.
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June 25, 2024
NY Judge Partially Lifts Trump Gag Order Ahead Of Sentence
The Manhattan judge overseeing former President Donald Trump's hush-money case on Tuesday vacated key parts of a gag order intended to shield jurors and witnesses from his verbal attacks, although an order protecting the jurors' identities remains in place.
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June 24, 2024
Willis' Plan To Prejudice Defendants Requires DQ, Trump Says
Former President Donald Trump told the Georgia Court of Appeals on Monday that a trial court judge inaccurately applied the legal standard for forensic misconduct when he ruled that Fulton County District Attorney Fani Willis could continue her prosecution of him and his co-defendants in the Georgia presidential election interference case.
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June 24, 2024
9th Circ. Upholds Fine For Fake News In $18B Chevron Case
The Ninth Circuit has affirmed a $268,000 fine against a Seattle attorney for filing a fake newspaper article as a court exhibit in an attempt to bolster his clients' efforts to enforce a nearly $18 billion arbitral award against Chevron.
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June 24, 2024
Baldwin Awaits Ruling On Bid To Toss 'Rust' Shooting Case
A New Mexico state judge is set to rule this week on Alec Baldwin's argument that his indictment on involuntary manslaughter charges over the "Rust" film shooting should be thrown out because forensic tests damaged the actor's gun, a key piece of evidence in the case.
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June 24, 2024
Atty Says Arrested Ga. Judge Will Be 'Completely Exonerated'
In the aftermath of the arrest of an embattled Georgia probate judge outside an Atlanta nightclub last week, the defense attorney for Judge Christina Peterson said on Friday that she was "simply trying to be a good Samaritan" and that he expects his client will be "completely exonerated."
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June 24, 2024
Apple, Amazon Assail Hagens Berman's Class Rep 'Charade'
Apple and Amazon.com blasted Hagens Berman Sobol Shapiro LLP for trying to "have it both ways" in an antitrust suit over a pact between the companies restricting Amazon iPhone and iPad sales to approved vendors, arguing the firm cannot withdraw its original named plaintiff without forcing him to testify.
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June 24, 2024
9th Circ. Won't Reconsider Or Sanction In Kari Lake Vote Suit
The Ninth Circuit has rejected Arizona Republican Kari Lake's attempt to revive her 2022 suit over the state's voting machines, issuing a two-sentence order that also rejects a sanctions bid Maricopa County officials filed in response to the former gubernatorial candidate's attempt to restart her failed suit.
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June 24, 2024
Colo. Justices Send Back 'Rare' Atty Conflict Criminal Case
The Colorado Supreme Court on Monday found that an appeals court panel used an outdated analysis when reversing the sexual assault conviction of a man because his defense attorney was being prosecuted at the same time by the same district attorney's office, remanding the case for another look.
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June 24, 2024
Ex-Chicago Alderman Gets Two Years For Boosting Law Firm
An Illinois federal judge on Monday sentenced former Chicago Alderman Ed Burke to two years in prison and fined him $2 million for using his official position to steer tax business to his personal law firm, closing what prosecutors called "another sordid chapter" in the city's history of public corruption.
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June 24, 2024
NC Justice's Politician Dad Doesn't Merit DQ, Lawmakers Say
North Carolina Supreme Court Justice Phil Berger Jr. should not recuse himself from a constitutional challenge concerning the governor's appointment powers merely because his father is president pro tem of the state Senate, top lawmakers argue.
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June 24, 2024
Jurisdictional Discovery Ordered In NJ COVID Test Fraud Suit
A New Jersey federal court has denied without prejudice a dismissal bid and ordered "tightly-targeted and prompt jurisdictional discovery" in a Garden State medical supply business' complaint accusing a Texas attorney and his solo practice of aiding in an alleged $2.45 million fraud scheme involving COVID-19 test kits that were never delivered.
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June 24, 2024
NJ Atty Suspended 3 Years For Unauthorized Practice Of Law
A New Jersey attorney has been suspended from practicing law for three years after she continued to represent clients and mishandle sensitive matters while she was suspended for similar conduct in 2019, according to a New Jersey Supreme Court order.
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June 24, 2024
Research Co. Seeks Sanctions On Proud Boys Atty In IP Suit
A Texas research firm pursuing copyright infringement claims against a group of defense attorneys who represented members of the Proud Boys wants one of the lawyers sanctioned for filing "a frivolous and groundless counterclaim" in the D.C. federal court litigation.
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June 24, 2024
Seyfarth Atty Dropped From Yeshiva U. Rape Cover-Up Suit
A female Yeshiva University student who claims she was raped by a player on the men's basketball team, then sued the school claiming it conspired on a cover-up with Seyfarth Shaw LLP, has voluntarily dismissed two Yeshiva officials and a Seyfarth attorney from the lawsuit.
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June 24, 2024
Chase, Florida Law Firm Settle $100K Wire Theft Suit
JPMorganChase Bank NA and Florida-based law firm Frank A. Rubino Esq. PA have agreed to settle a suit accusing the financial services giant of negligence by failing to prevent a $100,000 payment that a client mistakenly sent a fraudster.
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June 24, 2024
Justices Won't Hear Atty's Appeal Of DQ From Product Case
An attorney who allegedly made false statements about a magistrate judge that subsequently got him booted as plaintiff's counsel in a suit against a handheld torch manufacturer can't appeal his disqualification after the Supreme Court declined to review his bid Monday.
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June 22, 2024
Disciplinary Judge Hesitant To Oust Embattled Colo. DA
A Colorado attorney disciplinary judge said Friday he was uncomfortable removing an elected local prosecutor facing various misconduct charges, telling the parties after closing arguments that voters' choices should carry some weight.
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June 21, 2024
Quinn Emanuel Rips Columbia's 'Utterly Meritless' Filing Bid
Quinn Emanuel Urquhart & Sullivan LLP told the Federal Circuit on Friday that Columbia University's bid to introduce a former Norton Lifelock computer scientist's declaration claiming the company's former lawyers at the firm are lying about his refusal to testify in the school's decade-long $600 million patent case is "utterly meritless."
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June 21, 2024
Kenyan Firm Says Chicago Attys Blocked Ethiopian Air Fees
A Kenyan law firm wants an Illinois federal judge to help it get attorney fees after Chicago counsel allegedly shut it out of a former client's Ethiopian Air crash settlement, a request the Chicago attorney blasted Friday as apparent retaliation for aiding an investigation into theft of that client's money.
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June 21, 2024
Manhattan DA Seeks To Retain Trump Gag Order, Amid Threats
The Manhattan District Attorney's Office urged a New York state judge Friday to leave in place most restrictions of the gag order preventing Donald Trump from speaking publicly about witnesses, jurors and others tied to his criminal trial, citing a barrage of threats from his supporters in recent months — including "actionable" death threats before and after the verdict.
Expert Analysis
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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.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
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General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
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Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.