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Legal Ethics
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January 09, 2025
Arkansas Justices At Odds Over Chief's Bid To Revive Firings
Members of the Arkansas Supreme Court are at an impasse over the chief justice's attempt to fire 10 state court employees after her fellow justices blocked the move, with her issuing an order to vacate their ruling and them saying her order is a mere dissent with no effect.
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January 09, 2025
Alito-Trump Phone Call Sparks Unanswered Calls For Recusal
Democratic lawmakers' calls for U.S. Supreme Court Justice Samuel Alito to recuse from considering Donald Trump's bid to stay sentencing in his New York hush money case due to a phone call the pair had shortly before the emergency application was filed went unaddressed Thursday.
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January 09, 2025
NJ Firm Accused Of Malpractice Hid Facts, Insurer Says
An insurer has told a New Jersey federal court that a law firm it insured had no coverage for malpractice allegations because it knew its attorney was accused of bilking a man's heirs out of estate assets years before the firm was sued for wrongdoing, but never told the insurer.
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January 09, 2025
Atty Survives Ex-Young Conaway Coworker's Assault Claim
A Pennsylvania federal judge said Thursday that a former Young Conaway Stargatt & Taylor LLP attorney's assault claim against a onetime colleague at the firm is unviable because substantial proof exists to show that the actions in question were done to defend another person.
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January 09, 2025
Judge Nixes Bid To Depose SEC Counsel In $73M Fraud Case
A New Jersey federal magistrate judge has denied a credit reporting agency's bid to depose four U.S. Securities and Exchange Commission attorneys and to compel the production of their witness interview notes in a civil enforcement action over an alleged $73 million fraud, ruling the information sought is protected by the work-product doctrine.
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January 09, 2025
Top Oversight Dem Seeks Report On Trump Classified Docs
The top Democrat on the House Committee on Oversight and Government Reform on Thursday asked the U.S. Department of Justice for a look at the special counsel report on former President Donald Trump's alleged mishandling of classified documents, days after a federal court blocked its publication.
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January 08, 2025
Consumers Get Class Cert. In Suit Over Law Firm's Robocalls
A West Virginia federal judge has granted class status to consumers who are accusing a plaintiffs' firm of violating the Telephone Consumer Protection Act by blasting them with unsolicited calls seeking their participation in litigation against the federal government over contaminated water at Marine Corps Base Camp Lejeune.
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January 08, 2025
Atty Wants Sanctions Mention Axed In NFL Merch Case
An attorney representing himself in a lawsuit seeking a court order saying he is allowed to sell unlicensed NFL merchandise took exception with a federal judge's suggestion that the league's merchandising arm may want to move for sanctions.
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January 08, 2025
Reed Smith Accused Of 'Causing Chaos' In $102M Award Fight
The new owners of reorganized international shipping group Eletson Holdings are continuing their battle with the company's former owners and their counsel at Reed Smith in litigation over a $102 million arbitral award, alleging the BigLaw firm's "obstructionist conduct" is "causing chaos."
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January 08, 2025
Madigan Denies Extorting Developers For Law Firm Business
Ex-Illinois House Speaker Michael Madigan testified Wednesday that he never wanted a Chicago alderman to leverage his chairmanship of a powerful city council committee to steer business to Madigan's law firm, saying he merely asked for introductions to developers and felt "surprise and concern" when the alderman referenced a quid pro quo deal.
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January 08, 2025
Feds Ask To Release Report On Trump's DC Case, But Not Fla.
Special counsel Jack Smith asked the Eleventh Circuit on Wednesday to deny Donald Trump's request to block the publication of a report on the now-abandoned federal election-meddling case against the president-elect in D.C. federal court, but said the Justice Department will hold off on releasing a report regarding the classified-documents case in Florida, where two co-defendants remain under indictment.
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January 08, 2025
Jay-Z Wants Sanctions Against Buzbee In Diddy Rape Suit
Rapper Jay-Z asked Wednesday that Texas attorney Tony Buzbee be sanctioned for filing a lawsuit accusing him and embattled rapper Sean "Diddy" Combs of raping a 13-year-old girl, claiming inconsistencies in the girl's story show Buzbee "knowingly filed a false complaint."
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January 08, 2025
Fla. Atty Can't Beat Contempt Ruling Over Failed Apology
A Florida state appeals panel on Wednesday agreed that an attorney was in indirect criminal contempt when he failed to post an apology on a consumer reporting website as part of a settlement in his former counsel's suit against him over disparaging and allegedly defamatory comments made on the site.
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January 08, 2025
Colo. Criminal Atty Censured For Harassing Comments
A Colorado criminal lawyer has been censured for sexual comments he allegedly made to two female student lawyers working for a local prosecutor.
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January 08, 2025
Judge Laments Atty's $32K Sanctions Saga In Tasty Bias Case
A Pennsylvania judge expressed disappointment Wednesday about the need for a $32,000 sanction against an attorney accused of flouting deadlines in his client's employment discrimination claims against Tasty Baking Co., noting that "it didn't have to be this way."
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January 08, 2025
Ohio Judge's License Reinstated Days After Retirement News
A former Cleveland judge's license to practice was reinstated Wednesday following a one-year suspension on ethics charges stating he pushed plea deals on defendants, made racially insensitive comments to them and ordered excessive contempt sentences for relatively minor infractions, days after the judge announced his retirement.
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January 08, 2025
Arbitrator In Virus Coverage Case Wasn't Biased, Panel Says
A New York state appeals panel affirmed a trial court's decision refusing to disqualify a Pillsbury Winthrop Shaw Pittman LLP partner as an arbitrator in proceedings between a Zurich unit and the operator of Saks Fifth Avenue over coverage for COVID-19 losses.
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January 08, 2025
Court Won't Hear Atty's Challenge To Fee Dispute Loss
A Connecticut appeals court has turned away an attorney's challenge to his loss at a trial that pitted him against another lawyer in a dispute over the sharing of settlement funds, finding that Donald M. Brown blew past a deadline to follow a court order.
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January 08, 2025
Feds Want 2 Years In Prison For Atty In Payroll Tax Fraud
A former Ohio attorney who managed his wife's dental practice should spend at least two years in prison for causing $750,000 in federal tax losses and failing to pay employment taxes, prosecutors urged Wednesday, saying he used the business as a personal piggy bank.
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January 08, 2025
Feds Again Deny Leaks In NYC Mayor's Corruption Case
Federal prosecutors again rejected the claim that they had leaked classified information about New York City Mayor Eric Adams' corruption case to the press, telling a judge that they were not the source that allowed the New York Times to identify a grand jury witness and that Adams hadn't shown how he was prejudiced by the disclosure.
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January 08, 2025
Republican AGs Rebuke Proposed ABA Diversity Rule Change
Republican state attorneys general representing 21 states are pushing back against proposed changes to the American Bar Association's diversity and inclusion standards for law schools, cautioning that they run afoul of precedent the U.S. Supreme Court established when it struck down affirmative action in 2023.
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January 08, 2025
Trump Asks Supreme Court To Stop NY Sentencing
Donald Trump asked the U.S. Supreme Court on Wednesday to halt proceedings in his New York criminal hush money case, including a sentencing hearing scheduled for Friday, as the president-elect seeks to throw out the charges and the jury's conviction.
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January 07, 2025
DOJ Watchdog Criticizes Trump Officials For COVID Leaks
The U.S. Department of Justice's Office of the Inspector General has found that senior Justice Department officials under the first Trump administration improperly leaked information about investigations into COVID-19 deaths in states run by Democrats shortly before the 2020 presidential election, according to a report posted Tuesday.
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January 07, 2025
Feds Say Adams' Bid For Indictment Info Would Hinder Probe
New York City Mayor Eric Adams is not entitled to more details about the charges in his corruption and bribery case, including the identities of alleged co-conspirators, federal prosecutors told a Manhattan federal court Monday, arguing that such information would prejudice the ongoing investigation and potentially lead to witness tampering.
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January 07, 2025
Ex-Prosecutor Disbarred For Fabricating Harassing Texts
A former Denver prosecutor will be disbarred after a Colorado disciplinary panel found she fabricated text messages in order to falsely accuse a coworker of sexual harassment.
Expert Analysis
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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.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Alleged $636M Deal Error Shows Value Of Old-School Methods
Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.