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Business of Law
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October 10, 2024
Chutkan OKs Redacted Immunity Evidence In Trump Case
The D.C. federal judge overseeing the case that charges Donald Trump with scheming to subvert the 2020 election results will allow the public disclosure of some evidence related to the issue of his potential immunity, but will give the former president time to challenge the disclosure.
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October 10, 2024
Ex-Latham Atty Must Turn Over SEC Whistleblower Docs
A New Jersey federal judge on Thursday ordered a retired Latham & Watkins LLP attorney to hand over communications between himself and two whistleblowers who tipped off the U.S. Securities and Exchange Commission to an alleged $73 million fraud after one of the whistleblowers dropped his objections to producing the documents.
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October 10, 2024
SEC Says Adviser's $4M Scheme Included 'AI-Washing'
The U.S. Securities and Exchange Commission on Thursday fined a California-based investment adviser that it said raised nearly $4 million through a series of false promises, including deceptive statements about artificial intelligence capabilities.
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October 10, 2024
NJ Atty Sues Netflix For Infringement Over Boy Scouts Movies
A trial lawyer who spent years litigating sexual abuse cases against the Boy Scouts is suing Netflix Inc. for copyright infringement after the streaming giant came out with a documentary on the abuse just nine months after his film premiered.
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October 10, 2024
Law Bars Removal Of 'Faithful Slaves' Monument, Court Told
A North Carolina county is urging a federal judge to toss a suit alleging that a courthouse monument commemorating "faithful slaves" deemed loyal to the Confederacy during the American Civil War promotes racially discriminatory speech, saying state law prohibits removal.
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October 10, 2024
Atty For McElroy Deutsch's Ex-CFO Wants Out Of Theft Case
An attorney representing McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer — who is behind bars on charges of stealing from the firm — has asked to be relieved as counsel in the firm's New Jersey suit against the former CFO because he has not paid his legal bills.
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October 10, 2024
Alaska Judge's Misconduct Prompts Bid To Pause Appeal
A former Alaska nurse practitioner convicted of illegally prescribing millions of opioids, wants a stay of her appeal while she seeks a new trial in wake of Judge Joshua Kindred's resignation after he was found to have had an inappropriate relationship with an attorney in the office prosecuting her case.
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October 10, 2024
Cleary Is Latest Firm To Add Nonequity Partner Tier
Cleary Gottlieb Steen & Hamilton LLP said Thursday that it has added a nonequity partnership tier to better manage talent.
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October 10, 2024
Quinn Emanuel Adds Of Counsel Atty, 6 Associates In Miami
Quinn Emanuel Urquhart & Sullivan LLP's 3-year-old Miami office has just surpassed the 20-lawyer mark with the addition of seven attorneys in the past two months.
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October 10, 2024
McCarter & English Adds 5-Person McElroy Deutsch Team
McCarter & English LLP has continued the recent expansion of its trusts, estates and private clients practice in New England with the addition of a five-person team from McElroy Deutsch Mulvaney & Carpenter LLP.
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October 09, 2024
Combs Accuses DHS Of Leaking Grand Jury Info To Press
Government agents investigating charges of sex trafficking against Sean "Diddy" Combs have engaged in a scheme to undermine his right to a fair trial, the hip-hop mogul told a Manhattan federal judge late Wednesday, saying U.S. Department of Homeland Security personnel have been leaking grand jury information to journalists.
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October 09, 2024
Another Supreme Court Term, Another Call For Ethics Reform
The new term for the U.S. Supreme Court began on Monday under a cloud of alleged ethics improprieties by several justices.
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October 09, 2024
Colo. Firm Seeks Bigger Cut Of Atty Fees From Competitor
A Colorado personal injury firm has told a state federal court it deserves a bigger cut of attorney fees than its successor firm in a $1.5 million tort settlement because the client's attorney, who left to work at another firm, did most of the work on the case while under her previous firm.
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October 09, 2024
Thomson Reuters Again Seeks Win On ROSS' Pilfering
Thomson Reuters on Tuesday filed a pair of renewed motions for partial summary judgment seeking to block ROSS Intelligence Inc. from claiming fair use, and hold it liable for copyright infringement, in a suit alleging ROSS ripped off the Westlaw research platform for its artificial intelligence product.
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October 09, 2024
US BigLaw Firms Accelerate Enviro Efforts, But Diversity Lags
Amid a number of recent legal challenges, large law firms in the U.S. have amped up many of their environmental, social and governance-related efforts, with particular growth in environmental sustainability action, while areas like diversity, equity and inclusion have been less successful, according to a report out Wednesday that examined firms' public-facing communications.
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October 09, 2024
National Basketball Players Association Head Joins JAMS
An attorney known for becoming the first woman to head a major professional sports union in North America has decided to take the next step of her career at JAMS, the alternative dispute resolution service announced on Tuesday.
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October 09, 2024
Girardi Seeks New Fraud Trial Over Memory Issues
Disbarred attorney Tom Girardi has called on a California federal court to overturn his conviction for misappropriating $15 million in client settlement funds, arguing he was not competent to stand trial due to memory problems that left him unable to remember witnesses or even his own attorneys.
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October 09, 2024
Lame-Duck Judiciary Confirmations? Wait And See
Democrats have been signaling that they want to surpass former President Donald Trump's record on judicial confirmations, but President Joe Biden's prospects for the post-election period are likely going to be contingent on the election results, according to an analysis published Wednesday.
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October 09, 2024
Mass. Gov. Nominates Land Court Counsel To Judgeship
Massachusetts Gov. Maura Healey has nominated a longtime Land Court staff attorney and administrator to a seat on the court, according to an announcement Wednesday.
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October 09, 2024
Feds Seek 16 Months For Ex-BigLaw Partner's Tax Dodging
Prosecutors told a Wisconsin federal judge that a former Husch Blackwell LLP and Dykema Gossett PLLC partner who pled guilty to tax evasion should be sentenced to 16 months in prison, saying he lied to IRS revenue officers to keep them at bay while spending lavishly on private planes, jewelry and golf club memberships.
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October 09, 2024
'Ghost' Florida Atty Left Long Trail Of Irked Judges, Clients
A Florida lawyer accused in a state court suit of ignoring and defrauding dozens of clients who paid nonrefundable retainers has faced a series of similar allegations in federal court, drawing the ire of judges and opposing counsel.
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October 08, 2024
Judge Puts US Trustee's Depo On Ice In Judge Romance Suit
A Houston judge Tuesday put Jackson Walker's deposition of the U.S. Trustee for the Texas divisions of the bankruptcy watchdog on hold while he considers whether a Justice Department guideline applies to the ongoing dispute surrounding a former Texas bankruptcy judge's secret relationship with an ex-partner of the firm.
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October 08, 2024
Ex-Girardi Keese CFO Inks Plea Deal Over Firm Embezzlement
Girardi Keese's former Chief Financial Officer Christopher K. Kamon reached a plea agreement Tuesday with Los Angeles federal prosecutors, who allege he spearheaded a "side fraud" that bilked millions of dollars from the embattled law firm's accounts behind disbarred attorney Tom Girardi's back.
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October 08, 2024
'Alarming' AI Might Aid Research In Patent Fights, Judge Says
A Federal Circuit judge on Tuesday told law school students at the University of California, Berkeley that while he finds artificial intelligence tools "a little alarming and frightening," he could see how they might be useful for finding prior art in patent disputes.
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October 08, 2024
Jackson, Kagan Target Loper Bright In Ghost Gun Case
U.S. Supreme Court Justice Ketanji Brown Jackson was uncharacteristically quiet during initial arguments Tuesday over the federal government's authority to regulate ghost guns. While her colleagues debated whether kits of unassembled parts qualify as firearms, she waited patiently to post a different question: Can courts now toss agency interpretations they don't like?
Expert Analysis
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Roundup
The Pop Culture Docket
State and federal judges reflect on a piece of art or entertainment in popular culture, discussing what it gets right and wrong about the justice system, and what legal practitioners and the general public can learn from it.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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Taking A Walk Down Mandamus Lane After 2nd Circ. Ruling
The Second Circuit’s recent decision to deny a writ of mandamus, filed by a law firm after a lower court barred it from representing a Salvadoran oil company, adds to the nuanced and sometimes conflicting mandamus case law that requires careful research before litigants seek appellate review, says Michael Soyfer at Quinn Emanuel.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Roundup
ESG Around The World
While ESG investing has recently become one of the most controversial policymaking issues in the U.S., in this Expert Analysis series, attorneys across the globe tell us about the state of ESG in each of their countries or regions.
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Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees
The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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What Large Language Models Mean For Document Review
Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.