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Business of Law
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October 25, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen the Competition and Markets Authority take action against a mattress retailer after it was caught pressuring its customers with misleading discounts, Lenovo and Motorola target ZTE Corporation with a patents claim, Lloyds Bank hit by another claim relating to the collapse of Arena Television and U.K. tax authority HMRC sued by the director of an electronics company that evaded millions of pounds in VAT. Here, Law360 looks at these and other new claims in the U.K.
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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
Law360's Legal Lions Of The Week
Kemp Jones LLP, Parker Nelson & Associates and Campbell & Williams lead this week's list of Law360 legal lions with back-to-back wins in ongoing litigation against a bankrupt "alkaline water" company.
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October 25, 2024
EEOC Gets $110K Default Win In Fired Atty's Retaliation Suit
A government contractor has been ordered to pay its former attorney more than $110,000 in back pay, interest and compensatory damages after a Maryland federal judge found the contractor's CEO retaliated against the lawyer after she turned down his sexual advances.
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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.
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October 24, 2024
Why A Top Detroit-Area Judge Isn't Scrapping Virtual Hearings
Despite signing a public editorial declaring that virtual hearings erode the public's trust in the judiciary, the Detroit area's top circuit court judge told Law360 on Thursday that she has no plans to do away with remote options for willing litigants. However, she insisted that the spate of Zoom proceedings had dulled some lawyers' skills and led to delays in some cases because of that lack of preparation.
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October 24, 2024
Atty Jim Walden Launches Campaign To Be NYC Mayor
Jim Walden of Walden Macht Haran & Williams LLP entered the New York City 2025 mayoral race this week as a new challenger to the recently indicted incumbent Mayor Eric Adams, running on a vow to fight corruption in the city.
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October 24, 2024
Sen. Presses US Trade Rep To Take Up Fentanyl Probe
A Democratic senator from Wisconsin asked the U.S. trade representative on Wednesday to take up a petition urging it to investigate the People's Republic of China's alleged vast illicit fentanyl exports to the United States that have resulted in hundreds of thousands of deaths.
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October 24, 2024
Conn. Bar Committee Wants Software Crash Suit Tossed
The Connecticut Bar Examining Committee says a test-taker's federal lawsuit linking her failing grade to computer malfunctions or software crashes must be dismissed, because two different statistical analyses showed her tech woes "likely had no impact on her ultimate score."
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October 24, 2024
Ga. Bar Eyes Atty Guardrails On Use Of Third-Party Vendors
A board for the State Bar of Georgia has said in a proposed ethics opinion that lawyers could be on the hook for the alleged misconduct of third-party vendors they use to request documents from a nonparty, such as medical records or bills.
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October 24, 2024
Biden Issues Guidelines For National Security Uses Of AI
President Joe Biden issued a memo Thursday on the development and use of artificial intelligence for national security, directing actions such as shoring up the security of computer chip supply chains and ensuring AI is not used to commit human rights violations.
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October 24, 2024
Giuliani Admissions Sink Bid To Shield Fla. Condo, Court Told
Two former Georgia poll workers seeking to collect a $148 million defamation judgment against disgraced ex-lawyer Rudy Giuliani argued this week that the former New York City mayor has admitted he was not living in his luxury Florida condo around the time they filed a lien on it, and thus cannot prevent a sale of the property.
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October 24, 2024
Big Jump In Outside Counsel Spending Forecast For 2025
Spending on outside counsel will rise 6.9% in 2025, the largest increase in 10 years, according to a report Thursday from BTI Consulting Group, which forecasts that litigation spending will see the biggest jumps and that practice areas including labor and employment and mergers and acquisitions will also see large spending increases.
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October 23, 2024
Thapar Flays Law Schools, Attys For Anti-Originalist Mindsets
Despite the ascendance of conservative constitutional views, appellate attorneys are losing cases by failing to adapt, and the blame rests heavily with law schools that appear increasingly out of touch and undeserving of alumni donations, U.S. Circuit Judge Amul R. Thapar said Wednesday night in a bare-knuckle speech at a Heritage Foundation event.
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October 23, 2024
Trump Shooting Suspect Seeks Fla. Judge's Recusal
A man charged with attempting to shoot former President Donald Trump wants the Trump-appointed judge overseeing his case to step aside to preserve the appearance of impartiality, pointing Wednesday to news articles speculating that she could be in the running for a top legal position if Trump wins reelection.
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October 23, 2024
Co. Misleads Claimants About Visa Mastercard MDL, Attys Say
Class counsel for plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees asked a New York federal judge to demand explanations from a third-party company over misleading statements it allegedly made regarding the claims-submission process for recovering settlement payments.
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October 23, 2024
Biden Names Judicial Nominees For Calif. Courts
President Joe Biden on Wednesday announced two new judicial nominees for the Central District of California and Southern District of California, picks that include a Los Angeles County judge and federal magistrate judge.
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October 23, 2024
Character.AI, Google Face Suit Over Teen's Suicide
A woman claiming her 14-year-old son killed himself after becoming addicted to Character.AI sued the company, its founders and Google on Tuesday, claiming the tech giant is a co-creator of the AI startup's development, marketing and infrastructure, which made the teen believe the artificial intelligence platform's chatbots were real.
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October 23, 2024
Fla. Law Firm Gets Win In Trial Over Pregnancy Bias
A Florida federal judge on Wednesday granted a judgment in favor of a law firm accused of firing its former human resources manager because she was pregnant, agreeing that the evidence presented at trial wasn't sufficient to prove a discrimination claim.
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October 23, 2024
Juvenile Court Judge, Atty Picked For Mass. Appeals Court
A longtime Juvenile Court justice and a veteran criminal defense attorney are Massachusetts Gov. Maura Healey's latest picks for the state's intermediate-level appellate court, her office announced Wednesday.
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October 23, 2024
Colo. Man Admits To Threatening Judge, Election Officials
A Southern Colorado man pled guilty on Wednesday to making online threats against election officials, a state judge and federal law enforcement agents, acknowledging at a hearing that his social media posts, including one threatening to shoot the state judge, were motivated by "pure hate and anger."
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October 23, 2024
OpenAI Hires Uber Ethics Head As New Compliance Chief
OpenAI Inc. has brought on Uber Technologies Inc.'s chief ethics and compliance officer to head up its compliance department as it works to "build on [its] ongoing efforts to responsibly advance AI," the company said Tuesday.
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October 23, 2024
Ex-Schnader Harrison Atty Says Deal Is Near In Pension Fight
A dispute over the handling of pension funds by the now-shuttered Schnader Harrison Segal & Lewis LLP may be nearing resolution after a former partner leading a class action asked a Pennsylvania federal court to stay current deadlines as a classwide settlement is within sight.
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October 23, 2024
Trial Consulting Firm Says Ex-Worker Stole Trade Secrets
Jury analysis firm Jury-X has accused a former employee of taking off with its trade secrets and exploiting a "backdoor" she put in the company's data tables to start her own competing juror selection services business that also copied her old employer's appearance online.
Expert Analysis
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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AI In Accounting Raises OT Exemption Questions
A recent surge in the use of artificial intelligence in accounting work calls into question whether professionals in the industry can argue they are no longer overtime exempt under the Fair Labor Standards Act, highlighting how technology could test the limits of the law for a variety of professions, say Bradford Kelley at Littler and Stephen Malone at Peloton Interactive.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.