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Legal Ethics
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October 28, 2024
Calif. High Court Says Judicial DQ Bids Must Be Timely
The California Supreme Court on Monday held that an appellate court got it wrong by determining a timeliness requirement doesn't apply when a party alleges that a judge is disqualified due to bias, in a case that resulted in a $43.5 million judgment for hundreds of title company employees.
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October 28, 2024
Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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October 28, 2024
Colo. Will Decide How Judges Are Judged
The Colorado Supreme Court could soon lose some of its control over judicial discipline, from the rules governing the process to who doles out punishment, as voters decide whether to adopt constitutional reforms following a scandal over hush-money allegations that ensnared a former chief justice and other top judiciary officials.
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October 28, 2024
Ex-Fox Rothschild Clients Push To Revive Malpractice Suit
Two former clients of Fox Rothschild LLP asked a New Jersey federal judge to reject the firm's bid to dismiss a third amended complaint alleging attorneys deceived them into opening credit cards and engaging in a fake marriage under the guise of trying to secure a U.S. visa.
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October 28, 2024
Conn. Justices Eye Lesson For Attys In Deathbed Will Case
Connecticut's highest court on Monday seemed skeptical of an attorney's bid to avoid negligence and contract law claims by three people who did not receive portions of a combined $845,368 gift from a TD Ameritrade account because bank beneficiary forms stymied a testator's deathbed will.
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October 28, 2024
Denver Law Firm Faces Class Action Over Data Breach
The former spouse of a Sherr Puttmann Akins Lamb PC client has launched a putative class action in Colorado state court alleging that sensitive information she provided to the Denver-based family law firm, including her Social Security number, ended up on the dark web following a data breach.
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October 28, 2024
NY Firm Sued Over Botched $5M Art Collector Ch. 7 Dispute
A family enmeshed in New York's art world is suing their former attorneys in relation to a dismissed bankruptcy proceeding with an art collector over a breach of contract, alleging the attorneys' incompetence lost them $5 million when they moved the case from state court to a Chapter 7 bankruptcy filing.
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October 28, 2024
Ozy Media CEO Wants Conviction Nixed Over Judge's Assets
The New York federal judge who presided over the fraud and identity theft trial of former Ozy Media CEO Carlos Watson should be disqualified from the case because he failed to disclose that he had investments in four of the companies victimized by Watson, according to the onetime executive, who is trying to get his conviction overturned.
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October 28, 2024
Philly Attys Sued For Allegedly Botching Bias Lawsuit
A malpractice suit filed in Philadelphia court alleges that attorneys at the Law Offices of Eric A. Shore did not properly manage a pair of federal employment discrimination cases for a power plant engineer, causing the dismissal of one complaint and a diminished jury verdict in the second.
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October 28, 2024
Tesla Atty Faces Sanctions Bid Over Mediation Appearance
Tesla and an in-house attorney are facing a sanctions bid in California federal court for reportedly appearing at a mediation in a wrongful death case despite lacking settlement authority, causing "delay and unnecessary expense" to the widow of a man who died when his Tesla allegedly ran off the road, crashed and ignited.
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October 28, 2024
Mich. Firm Can't Get More Fees From Nassar Suits, Jury Finds
A Michigan federal jury said Monday a personal injury firm already got what it was owed as local counsel for survivors of former USA Gymnastics doctor Larry Nassar's abuse, rejecting the firm's claims against a Colorado firm for another $500,000.
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October 28, 2024
NJ Suspends Ex-Carter Ledyard Partner After NY Disbarment
The New Jersey Supreme Court has ordered the indefinite suspension of a former Carter Ledyard & Milburn LLP partner, two years after a New York state appeals court disbarred the lawyer for ignoring subpoenas and failing to cooperate in a fee investigation.
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October 25, 2024
Fla. Bar Seeks 2-Year License Suspension Against Klayman
The Florida Bar is asking the state's high court for a two-year license suspension of conservative activist attorney Larry Klayman due to alleged ethical violations in another jurisdiction, saying a more than reciprocal term of punishment is needed in the Sunshine State because Klayman continues to dispute the findings.
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October 25, 2024
VLSI Urges Fed. Circ. To Punish OpenSky After Vidal Didn't
U.S. Patent Trademark Office Director Kathi Vidal vowed to sanction OpenSky Industries "to the fullest extent of [her] power" for filing a bad faith patent challenge, but then imposed sanctions that, if anything, rewarded the misconduct, VLSI Technology has told the Federal Circuit.
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October 25, 2024
Bangladesh Rips DC Judge's Arrest Warrant On IMF Officials
The government of Bangladesh said Friday it is "unprecedented" that a D.C. federal judge ordered the arrest of two high-ranking Bangladeshi officials to force their depositions in a power company's lawsuit to enforce $31.9 million in arbitration awards.
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October 25, 2024
Eternal Optimism Is Key To A Mediator's Mind, Top Judge Says
Colorado's chief federal magistrate judge told mediators on Friday that after holding more than 1,400 settlement conferences, he's learned to remain steady even when parties are "going crazy" from last-minute revelations, citing an instance in which a former postal worker confronted with evidence of illegal gun possession ran from the courthouse.
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October 25, 2024
2nd Circ. Says Man Can't Challenge Removal Over Atty Failure
The Second Circuit on Friday denied a man's bid to reopen removal proceedings based on his former attorney's failure to submit important documents, saying the man should have provided evidence supporting his claim of ineffective assistance of counsel earlier.
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October 25, 2024
Ga. Court Admin Says Retaliation Suit Must Go Ahead In Full
A former Georgia municipal court administrator who said she was forced out of her position after reporting corruption by a city council member has asked a federal judge to preserve her suit in full, arguing a federal magistrate misapplied a sexual harassment standard to what was better characterized as retaliation claims.
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October 25, 2024
Trump Co-Defendants Stuck In Ga. State Court, 11th Circ. Says
The Eleventh Circuit on Thursday rejected attempts from four co-defendants of former President Donald Trump to have their Georgia election interference cases moved from state to federal court.
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October 25, 2024
Ga. Atty Can't Beat Contempt Charge Over Trial Tardiness
The Georgia Court of Appeals on Friday rejected an attorney's argument that his due process rights were violated when he was found in contempt, finding that his tardiness to a trial — where the judge sent the jury home due to the absence of the lawyer and his client — was direct contempt.
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October 25, 2024
Congress Urged To Further Inspect FBI's Kavanaugh Probe
More than 50 civil rights groups have called on members of the U.S. Congress to further investigate the Trump White House's role in restricting the FBI's investigation into sexual misconduct allegations lodged against U.S. Supreme Court Justice Brett Kavanaugh during his 2018 confirmation process.
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October 25, 2024
Ex-Judge Can't Hide Bank Records In Romance Cash Probe
A Texas bankruptcy court on Friday shot down a former judge's bid to shield his banking records from a U.S. Trustee's Office inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner, giving Bank of America NA one week to provide six years of the former judge's bank statements.
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October 25, 2024
Baldwin 'Rust' Judge Rejects State's Bid To Revive Case
A New Mexico judge declined to reconsider a decision throwing out the "Rust" movie shooting case against actor-producer Alec Baldwin based on prosecutorial misconduct, according to an order released Friday.
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October 24, 2024
Trump Again Argues Jack Smith's Appointment Was Illegal
Former President Donald Trump on Thursday said a D.C. federal court should throw out prosecutors' election interference case, repeating the argument he made in the classified documents case against him in Florida and contending that the appointment of special prosecutor Jack Smith was illegal.
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October 24, 2024
4th Circ. Backs Sanctioning Firm $1M For 'Defiance' Of Court
The Fourth Circuit on Thursday upheld a roughly $1 million sanction against the law firm of New York plaintiffs attorney Paul J. Napoli for its purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, saying the firm's misconduct was in "direct defiance" of a Maryland federal court's authority.
Expert Analysis
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Opinion
History Reveals Folly Of Absolute Presidential Immunity
As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.