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Business of Law
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October 22, 2024
'A Lot Of Nerve': Judge Slams Ex-Sparks Owners' Fee Claim
A California judge overseeing a suit by former Los Angeles Sparks basketball team co-owners claiming they're owed free game tickets for life said their argument that they also deserve attorney fees because the lawsuit serves the public interest is potentially frivolous, adding, "Somebody in my view has a lot of nerve."
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October 22, 2024
Stigma Of Disability In Legal Industry Is 'Very Real,' Panel Says
People with disabilities still face challenges when pursuing a legal career, but law firms, law schools, bar associations and corporate legal departments can take steps to help advance disability equality, according to panelists speaking Tuesday for National Disability Employment Awareness Month.
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October 22, 2024
NJ Justices Cast Doubt On Out-Of-State Atty Referral Fee Ban
New Jersey Supreme Court justices on Tuesday sounded skeptical of an ethics rule change that would ban certified attorneys from paying referral fees to out-of-state lawyers, questioning an advisory panel's conclusion that such fees represent an authorized payment for legal services.
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October 22, 2024
Law Firm Wins Atty Fees In Texas Over Lies To Ghana Court
An African energy company has to pay nearly $166,000 in attorney fees to an international arbitration specialty law firm after the company was sanctioned for lying to a Ghanaian court about proceedings in Texas, a Texas federal judge has ruled.
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October 22, 2024
Del. Justices Set Guardrails For How Courts Can Use AI
The Delaware Supreme Court has adopted a brief interim policy to guide judicial officers and court personnel in the use of generative artificial intelligence, permitting the "safe and appropriate" use of the technology in First State courts.
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October 22, 2024
LegalZoom, Ex-User Clash Over Unlawful-Practice Arbitration
Legal services provider LegalZoom cannot force a proposed class action alleging unauthorized practice of law into arbitration, a former customer has told a New Jersey federal judge, because the web platform provided an inadequate explanation for a supposedly binding arbitration agreement.
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October 22, 2024
Hagens Berman Tells Amazon, Apple: Sure, Sanction Client
Hagens Berman Sobol Shapiro LLP is fine with a Washington federal court sanctioning the firm's client — formerly the lead plaintiff — in a putative antitrust class action against Apple and Amazon, saying it shares their goal of compelling document production after the plaintiff ghosted his attorneys.
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October 22, 2024
Judge Whose Son Was Killed Says States Must Step Up Safety
U.S. District Judge Esther Salas of New Jersey, whose son was killed at her home by an attorney who had litigated a case before her, says the federal law enacted in her late son's honor is working well, but more needs to be done on the state level.
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October 22, 2024
Georgia Supreme Court Forms Generative AI Committee
The Georgia Supreme Court has established a 16-person committee to explore uses of generative artificial intelligence in the judiciary, in partnership with the National Center for State Courts, the court said Tuesday.
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October 22, 2024
The 2024 Prestige Leaders
Check out our Prestige Leaders ranking, analysis and interactive graphics to see which firms stand out for their financial performance, attractiveness to attorneys and law students, ability to secure accolades and positive legal news media representation.
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October 22, 2024
How Law Firms Get And Keep Elite Status
For decades, a handful of New York-based law firms thoroughly dominated the national consciousness when it came to power, profitability and prestige. But in today's legal market, increased movement of partners and clients from one firm to the next has begun to shake things up and create opportunities for go-getters to ascend the ranks.
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October 22, 2024
Grassley Probes Delayed Charges For Threat To Trump Judge
U.S. Sen. Chuck Grassley is seeking answers as to why it took the U.S. Department of Justice four months to indict an Illinois man for allegedly threatening to kidnap and murder the Florida federal judge who handled Donald Trump's classified documents case.
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October 21, 2024
Mastercard's Legal Chief Departs For Tech Co. Coherent
Rob Beard is leaving his post as Mastercard Inc.'s chief legal officer and global policy head to join Coherent Corp. as its CLO, the industrial laser technology company announced Monday.
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October 21, 2024
Ex-Holland & Knight Atty Slams 'Incendiary' Client Info Suit
A former Holland & Knight LLP partner asked a Pennsylvania federal judge Monday to toss a lawsuit alleging he unlawfully accessed a client's confidential documents in order to gain an upper hand in his contentious divorce, saying the "incendiary and defamatory" complaint is vague and fails to state viable claims.
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October 21, 2024
Firm Fired HR Manager Because Of Pregnancy, Fla. Jury Told
The lawyer for a former human resources manager at a South Florida law firm told a federal jury Monday that she was fired for being pregnant, saying that her ex-employer made her come into work despite a doctor's note telling her to stay home after determining that she had a high-risk pregnancy.
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October 21, 2024
Wade Says Trump Probe Plans Began Before Willis Took Office
Former Fulton County special prosecutor Nathan Wade told Georgia House Judiciary Committee staff last week that Fulton County District Attorney Fani Willis planned to pursue charges against former president Donald Trump before she officially took the job and admitted to meeting with White House officials at least twice during the Georgia investigation.
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October 21, 2024
SEC, CFTC Chairs Talk Crypto, AI & Wall Street Texting Sweep
The leaders of the U.S. Securities and Exchange Commission and the Commodity Futures Trading Commission appeared before an audience of top financial professionals Monday to discuss the future of cryptocurrency and artificial intelligence regulations and to defend against accusations that ongoing probes of brokers' use of off-channel communications were too harsh.
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October 21, 2024
Central Park 5 Say Trump Defamed Them During Debate
The Central Park Five — New Yorkers who were wrongfully convicted as young teens of assaulting and raping a woman in Central Park — have hit former President Donald Trump with a defamation suit, saying he falsely claimed at a recent debate that they pled guilty, decades after calling for the boys to be executed.
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October 22, 2024
Post-Dobbs Ballot Questions May Spell Litigation With No End
A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.
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October 22, 2024
The State Supreme Court Races To Watch In November
With dozens of states holding elections next month for more than 80 seats on their courts of last resort, a number of races could prove critical for the courts' ideological balances and important cases relating to abortion, voting rights and possibly even the outcome of the presidential election.
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October 21, 2024
9th Circ. Revives Atty's ADA Suit Against Calif. Bar
The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.
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October 21, 2024
Judge Cites University Ties To Bow Out Of Aid-Fixing Suit
An Illinois federal judge has recused herself from a proposed antitrust class action against 40 private colleges, reasoning that she has a relationship with one of the university defendants.
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October 21, 2024
High Court Takes Case On Sentencing For Release Infractions
The U.S. Supreme Court has agreed to address a circuit split over what factors judges can consider when sentencing a person for violating conditions of supervised release, an issue estimated to affect thousands of defendants each year.
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October 21, 2024
Fla. Dept.'s Ex-GC Says Gov.'s Office Directed TV Ad Letters
The former general counsel for the Florida Department of Health said Monday that he was directed by Gov. Ron DeSantis' office to send out letters threatening television stations with criminal prosecution if they did not pull a campaign ad promoting an abortion rights ballot initiative.
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October 21, 2024
Ex-Morgan Lewis Atty Seeks Moderation In LA County DA Bid
Nathan Hochman, a former federal prosecutor and onetime partner at Morgan Lewis & Bockius LLP, is running on a "hard middle" platform as he looks to unseat progressive Los Angeles County District Attorney George Gascón, the candidate told Law360 in an interview delving into his experience on both sides of the bar.
Expert Analysis
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Document Retention Best Practices To Lower Litigation Risks
As new technologies emerge and terabytes of data can be within the purview of a single discovery request, businesses small and large should take four document management steps to effectively minimize risks of litigation and discovery sanctions long before litigation ensues, says Kimbrilee Weber at Norris McLaughlin.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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The Future Of ERISA If High Court Ends Chevron Deference
The U.S. Supreme Court's upcoming decisions in two cases involving fishing company challenges to regulatory requirements could weaken or repeal Chevron deference, meaning U.S. Department of Labor regulations adopted under the Employee Retirement Income Security Act may be heavily scrutinized, modified or vacated by federal courts, say Naina Kamath and Julie Stapel at Morgan Lewis.
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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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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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Series
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.