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Legal Ethics
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
Colo. Panel Upholds State Attys' Immunity In Defamation Row
A Colorado appeals panel on Thursday upheld the dismissal of a state economist's defamation claims against two government lawyers, finding that nothing in the state's government immunity statute carves out an exception for lawyers and that professional misconduct does not automatically cancel lawyers' immunity.
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February 06, 2025
Calif. Firm Settles Photographer's IP Claim Over Photo Use
A New Mexico photographer told a California federal judge on Thursday that he was ending his copyright infringement suit against Santa Monica immigration law firm Wolfsdorf Rosenthal LLP over ownership of a photograph on the firm's website, as the two sides have reached a settlement.
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February 06, 2025
Girardi's Mental Evaluation At NC Prison Extended By 15 Days
A California federal judge Thursday ordered Tom Girardi's psychiatric evaluation at a North Carolina federal prison to be extended by 15 days, and she also lectured Girardi's public defender while saying she "could not have imagined" why it took 17 days to get his client's medical records sent to the facility.
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February 06, 2025
Tort Report: Kiss Death Suit Must Be Axed, Band Says
A bid to escape a suit accusing legendary rock band Kiss of causing a guitar technician's coronavirus death and the $8.5 million settlement of a convoluted medical malpractice case lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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February 06, 2025
Ga. Judge Resigns Amid Ethics Probe Over Communications
The chief magistrate of the Haralson County Magistrate Court in Georgia has resigned amid an ethics investigation involving his ex parte communications, telling an official in a letter that he will not "seek appointment or election to any judiciary position in the future."
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February 06, 2025
NJ Personal Injury Firm Hit With Bias Suit From Fired Atty
A solo personal injury attorney is suing his former firm in New Jersey state court alleging that he was discriminated against based on his Ecuadorian heritage and because of his requests for accommodations when he became a father.
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February 06, 2025
Philly Law Firm Settles $1.5M Fee Suit Against Metal Company
Philadelphia firm Cohen Seglias Pallas Greenhall & Furman PC and metalworking company M. Cohen & Sons have resolved a legal battle in which the firm sought to collect $1.5 million in fees while also attempting to fight legal malpractice counterclaims over an alleged conflict of interest.
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February 06, 2025
Union Funds Call For Sanctions In CBA Fight With Crane Co.
Benefit funds for an Operating Engineers local asked a Michigan federal court to adopt a magistrate judge's recommendation of sanctions against a crane rental company in the parties' contributions spat, accusing the business of being "blatantly disingenuous" in its objections to her findings.
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February 06, 2025
Jay-Z Gets Nod To Withdraw Sanctions Bid Against Buzbee
Rapper Jay-Z has dropped his sanctions bid against Texas attorney Tony Buzbee for filing a lawsuit that claims Jay-Z and Sean "Diddy" Combs raped a 13-year-old more than 20 years ago, accusations he has called "knowingly false."
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February 06, 2025
Convicted Atty Disbarred In NJ Over LA Utility Billing Scandal
The New Jersey Supreme Court disbarred an attorney this week who orchestrated a sham lawsuit against the city of Los Angeles on behalf of plaintiffs suing the local water utility and who later made $24 million off contracts with the city reached through a number of bribery schemes.
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February 06, 2025
Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit
A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.
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February 06, 2025
Metals Dealer Says Partners Lost $12M In Attys' Tax Scam
A precious metals dealer and his partners said they were fleeced of $12 million by attorneys who directed them to form a partnership and take illegal tax deductions for intellectual property, according to a complaint filed in Colorado federal court.
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February 06, 2025
Filing Claims 'Secret Lockout' Led To Conn. Trial Firm Schism
One of the 50-50 partners litigating the dramatic breakup of Connecticut Trial Firm LLC, a personal injury firm known for high-dollar verdicts, has accused his onetime partner of having "plotted a secret lockout" to remove him from the firm, according to a revised derivative complaint filed in Connecticut state court.
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February 05, 2025
Cuomo Faces Skeptical Panel In AG Document Lawsuit
Counsel for former New York Gov. Andrew Cuomo faced a doubtful appellate panel Wednesday, who questioned whether the disgraced executive had jumped the gun in suing Attorney General Letitia James for records from the state's sexual harassment investigation against him that are still being reviewed and produced.
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February 05, 2025
Motorcycle Co. Gets $2.7B Mexico Claim Revived
A Canadian appeals court has revived U.S.-based Vento Motorcycles' claim seeking up to $2.7 billion after Mexico allegedly destroyed its business through unfair tariffs, ruling Tuesday that a lower court judge wrongly declined to nix an adverse award despite finding that an arbitrator was potentially biased.
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February 05, 2025
GOP Sens.' Bill Ups Penalty For Protesting Justices' Homes
Five Republican senators introduced a bill on Wednesday that would increase maximum prison sentences for individuals who illegally protest outside the homes of U.S. Supreme Court justices, from the current one-year limit up to five years.
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February 05, 2025
NJ Seeks Jury Trial In PFAS Cleanup Case Against 3M, DuPont
New Jersey officials are fighting back against 3M and DuPont's requests to have a federal bench trial on their environmental claims seeking remediation and restoration cost reimbursement over purported PFAS contamination, arguing that its legal claims are tied to legal remedies that a jury, not a judge, must decide.
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February 05, 2025
Ga. Judge Balks At Zurich's Claim Of Surprise Testimony
A Georgia federal judge has rejected Zurich American Insurance's bid to strike supposed surprise testimony from a recent trial where it lost $12.2 million over a disputed rain damage claim from a solar farm, ruling Wednesday that the real surprise was Zurich's belated and meritless objections.
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February 05, 2025
NJ Fraud Defendant Loses Bid To Toss 'Vindictive' Charges
A New Jersey federal judge has rejected a bid by convicted fraudster Eliyahu Weinstein — who was later pardoned, and then charged again — to toss seven counts of a 17-count indictment on money laundering and other charges, reasoning that he and a co-defendant didn't show the new counts amounted to vindictive prosecution.
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February 05, 2025
Worker, Nonprofit Mental Health Co. Agree To End Work Row
A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.
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February 05, 2025
Barnes & Thornburg's Immunity Challenged At Ga. High Court
An ex-Barnes & Thornburg LLP client suing a now-retired attorney with the firm over his alleged "split loyalties" in an insurance dispute urged the Georgia Supreme Court on Wednesday to revise its standard for when lawyers can be shielded from legal malpractice claims, arguing two lower courts wrongly killed her suit before trial.
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February 05, 2025
Va. Law Firm Ends Ex-Worker's Harassment, Retaliation Suit
A Virginia law firm has agreed to resolve a former accounts payable specialist's lawsuit claiming she was fired for repeatedly complaining that a male contractor followed her to the restroom and acted threateningly toward her, according to a Wednesday federal court filing.
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February 05, 2025
Texas Bar Says Lawyers Can't Partner With Non-Attorneys
A new ethics opinion from the State Bar of Texas says lawyers practicing in the Lone Star State cannot partner with law firms offering legal services in other jurisdictions if the partnership includes a non-lawyer, even if such arrangements are permitted in the jurisdiction where the law firm is based.
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February 05, 2025
Girardi Keese Trustee Sues NY Atty Who Funded Girardi
The bankruptcy trustee for disgraced California attorney Tom Girardi's defunct law firm is suing to prevent New York attorney Joseph DiNardo from discharging $7.5 million in his own bankruptcy, claiming DiNardo received the money by helping Girardi defraud his own clients.
Expert Analysis
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Why States Should Adopt ABA's 'Duty To Inquire'
State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.