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Legal Ethics
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November 26, 2024
Beasley Allen Escapes Sanctions For J&J Deposition No Show
A Texas bankruptcy judge on Tuesday laid ground rules for documents and communications to be shared in a messy discovery phase of the Chapter 11 of Red River Talc, Johnson & Johnson's latest liability spinoff, while also saying he wouldn't sanction a Beasley Allen attorney who didn't appear at a deposition last week.
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November 26, 2024
Prosecutor Defends Outside Counsel Hires To Mich. Justices
A Michigan county's elected prosecutor told the state Supreme Court his stymied request to seek legal advice from outside law firms was valid, arguing he should be able to consult attorneys to manage risk after the county's corporation counsel refused to represent him.
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November 26, 2024
Madigan Pushed Land Transfer After Law Biz Pitch, Jury Told
A former Chicago alderman testifying against ex-Illinois House Speaker Michael Madigan told jurors Tuesday he connected prospective developers to Madigan, who lobbied to take on their legal work and soon after pushed legislation that would clear the way for their project.
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November 26, 2024
Affinity Bar Groups Decry Colo. No-Poach Restrictions
Several attorney groups told Colorado's justices that barring lawyers from recruiting colleagues before officially leaving a firm would take away professional autonomy and harm lawyers from underrepresented backgrounds the most, filing briefs in support of a lawyer's challenge to her contract with a personal injury firm.
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November 26, 2024
Law Firms' Tobacco Fee-Sharing Showdown Revived In Texas
A split Texas appeals panel has remanded a dispute between an attorney and an ex-attorney over a fee-sharing agreement in tobacco litigation, finding that the contract was ambiguous and that a trial court was wrong to conclude otherwise.
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November 26, 2024
Paul Hastings Seeks GenapSys CEO Depo In Malpractice Suit
Paul Hastings LLP has called on a California court to compel the founder and former CEO of GenapSys to sit for a deposition in a legal malpractice suit alleging that the firm improperly drafted board documents that invited an expensive lawsuit and led to the genetic sequencing company's "demise and liquidation."
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November 26, 2024
Texas Atty Sanctioned For Citing Bogus Cases After Using AI
A Texas lawyer pursuing a wrongful termination lawsuit against Goodyear Tire & Rubber Co. has been sanctioned for submitting a brief that included citations to nonexistent cases generated by an artificial intelligence tool, a Texas federal judge ordered this week.
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November 26, 2024
Fulton County DA Seeks To Reinstate Trump Election Charges
The Fulton County District Attorney's Office told the Georgia Court of Appeals on Monday that six criminal charges against President-elect Donald Trump and others should be reinstated as they have an "abundance" of information to prepare their defense against allegations of trying to subvert the results of the November 2020 election.
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November 26, 2024
Ga. Law Firm Faces DQ Bid Over 'Hopeless' FCA Case Conflict
The former employee of a tool company has called on a Georgia federal court to disqualify Smith Gilliam Williams & Miles PA and one of its attorneys from representing the company in his False Claims Act case because another firm attorney represented him in a domestic matter.
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November 26, 2024
Nadine Menendez's Atty Seeks Trial Delay Due To Jan. 6 Case
Counsel for Nadine Menendez in a bribery case that toppled her husband, former U.S. Sen. Robert Menendez, asked a New York federal judge to delay her January trial date because it would likely conflict with the trial of another client facing charges in March in the 2021 Capitol insurrection.
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November 26, 2024
NJ Law Firm Hit With Whistleblower Suit From Fired Atty
New Jersey law firm Post Polak PA has been hit with a state whistleblower lawsuit from a former associate alleging that she was fired over her handling of a public records case against Englewood Cliffs and her disagreements with the town mayor.
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November 26, 2024
Ex-Faegre Drinker Atty Files Disability Bias Suit
Faegre Drinker Biddle & Reath LLP was hit with a disability discrimination lawsuit on Monday by a Denver attorney who says she was pushed out after seeking accommodations for hip problems.
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November 26, 2024
Victim Shares Blame For $1.4M Scam, Connecticut Atty Says
A New Jersey real estate development company is at least partly to blame after it transferred more than $1.4 million to a fraudster without taking proper precautions, a Connecticut attorney said Tuesday in response to a federal lawsuit that accuses her of involvement in the scam.
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November 26, 2024
NJ Equal Pay Law Date Will Guide Atty's Discrimination Suit
Discovery and damages in a former Reed Smith LLP labor and employment attorney's suit claiming gender discrimination will be limited to the effective date of New Jersey equal pay law, a state judge ruled, saying the law doesn't apply retroactively.
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November 26, 2024
Giuliani's New Atty Faults Previous Counsel As NY Trial Nears
A Manhattan federal judge declined Tuesday to delay a January trial over whether Rudy Giuliani must turn over his Florida condo and World Series rings to fund a $148 million defamation judgment, after the former New York City mayor's new lawyer criticized outgoing counsel.
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November 25, 2024
Mich. Atty's Voting Machine Criminal Trial Delayed Again
A Michigan state judge on Monday yet again delayed the criminal trial of an attorney accused of accessing 2020 voting machines after reiterating that he would not disqualify special prosecutors from arguing the case, giving more time for others similarly charged to chime in about newly discovered evidence.
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November 25, 2024
Gibson Dunn Treated Crypto Client Like 'Hot Potato,' Suit Says
Crypto trading firm Swan Bitcoin hit Gibson Dunn & Crutcher LLP with a malpractice lawsuit in California court Friday, alleging Gibson Dunn dumped Swan "like the proverbial 'hot potato'" in underlying trade secret litigation and tried to take on Swan's rival as a client after a lateral hire created a conflict of interest.
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November 25, 2024
Samsung Inks Deal In Suit Nixed Over Rival's Atty Misconduct
Samsung has reached a settlement with patent owner Techiya, a deal that comes after Samsung defeated the $300 million patent infringement suit based on attorney misconduct by former in-house counsel that a Texas federal judge called "repugnant to the rule of law," according to a motion filed Sunday.
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November 25, 2024
Texas AG Loses 'Unserious' Bid For Jack Smith Doc Order
A Texas federal judge refused Monday to enter an emergency order preserving special counsel Jack Smith's records, saying there is no reason to think the U.S. Department of Justice will not follow document retention laws and slamming Texas Attorney General Ken Paxton's allegations to the contrary as "unserious."
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November 25, 2024
Informant Says He Brought Developers To Madigan's Law Firm
An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.
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November 25, 2024
Baltimore Atty Convicted Over $25M Hospital Extortion Plan
A Baltimore federal jury on Friday convicted a prominent medical malpractice attorney on all charges in a case alleging he threatened the University of Maryland with bad publicity about "diseased" organs being transplanted into patients unless it paid him $25 million.
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November 25, 2024
Texas Judge Tosses Remainder Of Border Phone Search Suit
A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
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November 25, 2024
Pashman Stein Seeks Win In Fees Dispute With NJ Atty
Pashman Stein Walder Hayden PC has moved for summary judgment in New Jersey state court in a fee dispute with a former client who hired the firm to represent him in a fight with his former law partners about the shutdown of their previous firm.
Expert Analysis
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.
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Mental Health First Aid: A Brief Primer For Attorneys
Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.
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Revisiting The Crime-Fraud Exception After Key Trump Cases
Evidence issues in the Jan. 6 Capitol riot and classified documents cases involving former President Donald Trump offer an opportunity to restudy elements and implications of the crime-fraud exception to attorney-client privilege and the work product doctrine, noting the courts' careful scrutiny of these matters, say Robert Hoff and Paul Tuchmann at Wiggin and Dana.
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Series
Collecting Art Makes Me A Better Lawyer
The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.
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Litigation Inspiration: Honoring Your Learned Profession
About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.
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Opinion
AI May Limit Key Learning Opportunities For Young Attorneys
The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.