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Legal Ethics
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
Attys Tried To Coerce Client For Larger Fee, Texas Court Rules
A Texas appeals court found that two attorneys tried to finagle a higher fee out of their client by threatening her with a lawsuit if she didn't fork over a larger amount than was specified in their contract, with the three-judge panel overruling all the attorneys' issues.
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October 04, 2024
Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies
A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."
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October 04, 2024
Circle K Avoids Trial, Settles Suit Over Gas Pump Death
The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.
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October 04, 2024
Atty Who Defied License Ban Asks Court To Rethink Jail Time
A disbarred attorney asked the Florida Supreme Court on Friday to reconsider its decision to send him to jail for 60 days for allegedly repeatedly practicing law without a license, including continuing to market himself as a licensed attorney.
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October 04, 2024
Genasys Seeks Sanctions For Destroyed Evidence In IP Case
Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.
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October 04, 2024
Fed. Circ. Topples Verdict In Tire Design IP Litigation
The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.
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October 04, 2024
Election Litigation Looms Over New Supreme Court Term
The U.S. Supreme Court justices return to the bench Monday for a new term, even as the dust continues to settle from the shifts in administrative law and foundational changes to presidential immunity that headlined their last sitting. But experts say any hope that this term may be calmer is wishful thinking, in large part due to all-but-certain litigation over the presidential election.
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October 04, 2024
Retired Judge Says Unpaid Services Suit's Claims 'Untimely'
Retired U.S. Circuit Judge Richard A. Posner asked an Indiana federal court on Friday to grant him a summary judgment win in litigation alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization, saying the suit's claims are "untimely."
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October 04, 2024
Oversight Dems Probe Chief Justice On Jan. 6 Case Handling
Two House Democrats on the oversight committee questioned U.S. Supreme Court Chief Justice John Roberts Friday on recent reporting he replaced Justice Samuel Alito as the author of a decision on a Jan. 6 case after the public learned the latter justice's wife flew flags at their homes with ties to the "Stop the Steal" movement.
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October 04, 2024
Fla. Firm Wins Wage Dispute After Paralegal Abandons Suit
A federal judge threw out a paralegal's lawsuit alleging that a West Palm Beach, Florida, law firm underpaid her and then retaliated against her by cutting her hours when she complained, saying she has refused to continue to participate in the litigation.
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October 04, 2024
EB-5 Partner Accuses NC Atty Of Aiding Investor Coup
A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.
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October 04, 2024
Epic Doubts Apple's Privilege Assertions In Antitrust Fight
Epic Games told a California federal magistrate judge overseeing discovery in its antitrust compliance fight with Apple on Friday that it's concerned Apple has wrongly asserted privilege in more than half the documents it has declined to produce, while adding "we don't want to spend months here duking this out."
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October 04, 2024
RI Atty Faces Discipline For Unauthorized Practice In Conn.
An attorney from Rhode Island is facing possible disciplinary action in Connecticut after she represented a client in a juvenile court matter in the Constitution State without being licensed to practice in the state.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Panel Agrees Atty 'Acted Incompetently' In Filing Slipup
Connecticut's Statewide Grievance Committee had clear and convincing evidence that civil litigation attorney John W. Mills of Mills & Cahill LLC acted incompetently in failing to name his client's business as a plaintiff in a lawsuit against her accountant's estate or provide proof of her individual damages, a state appellate panel ruled Friday.
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October 04, 2024
Why There's No Mistrial Yet In 'Messed Up' Young Thug Case
Legal experts told Law360 that concerns about sunk cost and the possibility of defendants claiming double jeopardy may be the reasons why Young Thug's long and troubled racketeering trial has continued in Georgia despite more than 40 mistrial motions filed by defendants arguing prosecutorial misconduct and judicial bias.
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October 04, 2024
Holtec Sues Former GC Over Alleged Embezzlement Scheme
Energy technology company Holtec International has launched a New Jersey state lawsuit accusing its former general counsel and others of taking part in an embezzlement scheme to dupe the company into paying more than $700,000 to an entity they owned.
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October 04, 2024
Ex-Judge Jones Says Judicial Acts Bar Atty Romance Claims
Former bankruptcy judge David R. Jones said judicial immunity bars claims over his undisclosed romantic relationship with a former Jackson Walker LLP attorney because the purported harm to the onetime head of a now-shuttered barge company stemmed from official acts.
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October 04, 2024
NJ Court Removes Judge Who Admitted Sex Harassment
The New Jersey Supreme Court has removed a municipal judge and barred him from holding judicial office in the state again after accusations that he sexually harassed female court staff members after becoming drunk at an office party.
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October 04, 2024
Colo. Attys May Release Files Without Waiving Lien On Clients
A Colorado appellate panel has found that attorneys who hold liens on documents due to unpaid client bills will not waive their rights to enforcement if they release certain files, issuing a precedential opinion designed to help trial courts determine when such liens are enforceable and when they might be lifted.
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October 04, 2024
Justices Accept Ex-Chicago Alderman's False Statement Case
The U.S. Supreme Court said Friday that it would review the conviction of an ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman under a federal statute that prohibits making false statements to influence certain financial institutions.
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October 03, 2024
Trump Says Justices' Jan. 6 Ruling Shields Him From Charges
Former President Donald Trump on Thursday told a Washington, D.C., federal judge that charges accusing him of scheming to subvert the 2020 election results cannot stand after the U.S. Supreme Court limited prosecutors' use of an obstruction statute against defendants accused of storming the U.S. Capitol on Jan. 6, 2021.
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October 03, 2024
WilmerHale Hired For DHS IG's Retaliatory Probe, Report Says
U.S. Department of Homeland Security Inspector General Joseph Cuffari at one point tapped WilmerHale to conduct a retaliatory investigation into three staffers who complained about him, an abuse of his authority and waste of funds, a watchdog alleged in a report Wednesday.
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October 03, 2024
Counties Say Foreclosure Attys Trying To Quash Competition
Michigan counties facing a proposed class action over profits they kept from foreclosures of tax-delinquent properties questioned Wednesday the aim and legality of their opposing counsel's quest to rein in a previous rival's outreach to people who have experienced foreclosures.
Expert Analysis
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.