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Legal Ethics
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January 16, 2025
'Complete Lack Of Respect' For Privilege DQs NH Prosecutor
A New Hampshire judge has disqualified the lead prosecutor and a financial expert in the state attorney general's criminal case against a casino owner, finding that they had negligently viewed material protected under attorney-client privilege.
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January 16, 2025
Defense Fights Privilege Waiver In $250M COVID Fraud Case
A Minnesota nonprofit director accused of orchestrating a $250 million fraud scheme using funds from a COVID-19 federal food program has told a federal judge that prosecutors are wrong to argue that her lawyer's testimony at her impending trial will waive her attorney-client privilege, since the lawyer would be discussing facts, not advice.
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January 16, 2025
Paxton Seeks To Nix Ethics Case After Deputy Beats Suit
Texas Attorney General Ken Paxton asked the Texas Supreme Court to toss an ethics case against him over a lawsuit challenging 2020 election results, saying the matter fails on the same separation of powers grounds that the court recently cited in nixing a similar case against his first assistant.
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January 16, 2025
1st Circ. Vacates Most Of Atty's Marijuana Bribe Conviction
The First Circuit vacated a pair of fraud convictions for a Massachusetts attorney charged in a marijuana bribery scheme, finding that sending an iMessage through an Apple cellphone is not enough to satisfy the wire fraud element requiring interstate communication.
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January 16, 2025
Giuliani Settles NY Asset Turnover Case After Trial No-Show
Rudy Giuliani on Thursday settled claims that he must turn over assets to fund a $148 million judgment for defaming two Georgia poll workers, after his failure to show up in court delayed the start of a scheduled bench trial.
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January 15, 2025
Colo. Panel Mulls If Atty Violations Can Nix Gov't Immunity
A Colorado appellate panel on Wednesday pressed a utility regulator staffer who accused state lawyers of smearing her at work, questioning whether nixing the lawyers' governmental immunity based on alleged professional misconduct would go too far.
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January 15, 2025
Davis Wright Atty Says Firm Is Trying To Push Him Out
An attorney employed by Davis Wright has launched a pro se employment discrimination lawsuit in Washington state court, accusing the firm of trying to "strong-arm" him into leaving after he reported what he described as misconduct by a partner and banishing him from its Seattle office when he threatened legal action.
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January 15, 2025
Boeing Vexes Judge In 737 Max Records Flap With Airline
The Boeing Co. can't use a now-defunct South African airline's loss of records to dodge a suit over fallout from a 737 Max airplane deal, a Washington federal judge has said, chiding the aerospace giant for offering thin circumstantial evidence of intent without any "smoking gun."
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January 15, 2025
9th Circ. Won't Review Nixed Deductions For Disbarred Atty
The Ninth Circuit on Wednesday rejected a disbarred California attorney's requests to review its December decision to uphold a U.S. Tax Court ruling denying his bid to take business deductions for the cost of challenging his disbarment and a court's declaration that he is a "vexatious litigant."
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January 15, 2025
Judge OKs More Fees In Calif. Debt Relief Firm's Bankruptcy
A California bankruptcy judge has tentatively approved an additional $2.1 million in professional fees in the bankruptcy case of a troubled debt relief firm, despite the amount of professional fees already exceeding the amount paid out to creditors so far.
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January 15, 2025
NJ Prosecutors Can Shield Certain Docs In Atty Bribe Cases
New Jersey prosecutors won't have to turn over certain documents related to investigations involving potential crimes committed by a tax attorney who was a cooperating witness in a bribery case against three former public officials, a state appeals panel has ruled.
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January 15, 2025
Attys Must Show They Obeyed Candor Rule In Shell Discovery
A Delaware federal court has ordered attorneys from Heyman Enerio Gattuso & Hirzel LLP, Wachtel Lipton Rosen & Katz, and White & Case LLP to show why they should not be found in violation of professional conduct rules over their handling of discovery requests while defending corporate clients amid a Shell Chemical LP antitrust proceeding in the Netherlands.
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January 15, 2025
McElroy Deutsch Can Go After Ex-Exec's $1M Home
A former business development director for McElroy Deutsch Mulvaney & Carpenter LLP, whose husband pled guilty to stealing millions of dollars from the law firm, where they were both employed, cannot duck her onetime employer's legal claim on her $1 million house, a New Jersey state court judge has ruled.
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January 15, 2025
Trump's AG Pick Tries To Assure Congress On Independence
President-elect Donald Trump's nominee for attorney general attempted to assuage uneasiness from Democrats on Wednesday, saying the U.S. Department of Justice will be free of politics and will not go after perceived enemies.
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January 15, 2025
Elusive Cognizant Witness Ready To Testify, Gov't Says
A witness from India whose 2023 absence on the brink of the foreign bribery trial of two former Cognizant Technology Solutions Corp. executives set off a lengthy delay is now willing to testify, federal prosecutors said, despite stating they were under no obligation to respond to defense counsel's concerns.
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January 15, 2025
Mass. Atty Charged In $2.5M Embezzlement Schemes
A Massachusetts attorney blamed an addiction to prostitutes and a failed spa investment for his embezzling a total of $2.5 million from a couple and their multiple businesses, according to federal prosecutors.
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January 15, 2025
Boston Lawyers Accused Of Bungling Exec's Bias Claim
A former executive at roofing manufacturer GAF Materials is accusing her former lawyers of mishandling a potential age and gender discrimination case by failing to meet a key procedural deadline, according to a lawsuit filed in Massachusetts state court.
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January 14, 2025
London Judge Affirms Wind Energy's Non-Liability Award
A London judge on Tuesday refused to set aside an arbitral award finding that Thai renewable energy company Wind Energy Holding was not responsible for paying defense costs incurred by former board members in litigation that ended with a $1 billion judgment against them.
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January 14, 2025
Mich. Judge Won't Step Aside After Atty Turnover Quip
A Michigan federal judge refused to step aside from overseeing a lawsuit from a pastor who alleges a township's zoning ordinance discriminates against religious entities, ruling Monday that comments he made about the number of attorneys the pastor has had or praise he gave prior counsel do not show any bias against the plaintiffs.
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January 14, 2025
DA Says Trump's Appeals To Intervene In NY Case Now 'Moot'
Counsel for the Manhattan district attorney urged both a federal and a state appeals court to toss out Donald Trump's lingering invitations to intervene in his hush money case now that he's been sentenced, arguing there's no need for a "bizarre mechanism" when Trump can appeal normally.
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January 14, 2025
RNC Preempts Dem Attacks Ahead Of AG Nominee's Hearing
Ahead of the confirmation hearing for President-elect Donald Trump's attorney general nominee on Wednesday, the chair of the Republican National Committee and other Trump allies brushed off concerns about Pam Bondi's possible conflicts of interest and close ties to the president-elect.
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January 14, 2025
Meta Atty Quits IP Case Over Zuckerberg's 'Toxic Masculinity'
An attorney helping defend Meta Platforms in copyright litigation brought by artists who claim their content was used to train the large language model Llama has dropped the tech company as his client, citing Facebook founder Mark Zuckerberg's "descent into toxic masculinity and Neo-Nazi madness" in a LinkedIn post.
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January 14, 2025
Justices Suggest 7th Circ. Revisit False Statement Decision
Several U.S. Supreme Court justices seemed ready Tuesday to ask the Seventh Circuit to review a former Chicago alderman's conviction for lying about money he borrowed from a now-shuttered bank under a narrower standard, but the justices appeared skeptical that he would beat the case even with a fresh look.
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January 14, 2025
Ex-Cognizant Execs Seek Update On Elusive Gov't Witness
A vital prosecution witness whose unavailability delayed the highly anticipated 2023 trial of two former Cognizant Technology Solutions Corp. executives on foreign bribery charges in New Jersey federal court might again be missing in action as the new trial date of March 3 approaches, according to court filings.
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January 14, 2025
NJ Atty Disbarred For Stealing From Firm To Gamble Online
The New Jersey Supreme Court has disbarred an attorney for stealing at least $16,000 from his firm by using its credit card to buy tokens for an online casino video game under the guise of buying office supplies.
Expert Analysis
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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A Post-Mortem Analysis Of Stroock's Demise
After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.