A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.
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Legal Ethics
THURSDAY, NOVEMBER 21, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

DOJ Settles With Atty Who Reported Judge's Sexual Misconduct

By Lauren Berg

A former Alaska federal prosecutor who made allegations of sexual misconduct against then-U.S. District Judge Joshua Kindred has reached an undisclosed settlement with the U.S. Department of Justice resolving claims she suffered retaliation for speaking up, the U.S. Office of Special Counsel said Wednesday.

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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says

By Dorothy Atkins

A California appellate panel affirmed the dismissal of Accellion Inc.'s cross-complaint against law firm Foley & Lardner LLP in an insurance company's lawsuit claiming the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, finding that Accellion's cross-claims are untimely.

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3rd Circ. Reins In Novel Use Of Atty-Client Privilege Exception

By Matthew Santoni

While attorney-client privilege typically falls away for communications about a client's intentions in making their will after they have died, the Third Circuit on Wednesday declined to expand that exception to include communications from third parties about the deceased.

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Walgreens Wins Sanctions Over Depo With 300 Objections

By Celeste Bott

An Illinois federal judge on Wednesday ruled Walgreens can recover the costs of a contentious deposition in a dispute with an electronics company, saying the witness "possessed virtually no knowledge" of the matters laid out in the deposition notice and the company's attorney engaged in "improper, obstructionist conduct" during the proceeding.

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3 Law Firms Can't Dodge TCPA Suit Over Camp Lejeune Claims

By Ryan Harroff

A trio of law firms accused of calling a veteran dozens of times promising they could represent him in claims over toxic drinking water at Marine Corps Base Camp Lejeune, despite his never having been stationed there, cannot evade the former soldier's lawsuit, a North Carolina federal judge ruled Tuesday.

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CFPB Subpoenas Trustee In Debt Relief Firm Bankruptcy Case

By Daniel Connolly

The U.S. Consumer Financial Protection Bureau has served a subpoena on the Chapter 11 trustee in charge of collapsed California debt relief law firm Litigation Practice Group's bankruptcy estate, the trustee's law firm said in a recent court filing.

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POLICY & REGULATION

Judiciary Touts Reforms In Handling Workplace Complaints

By Ryan Boysen

The federal judiciary is successfully reforming the controversial process that aims to protect its 30,000 employees from sexual harassment in the workplace, according to a new internal report released Wednesday, even as lawmakers have called for scrapping that process altogether and replacing it with a new one.

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House Dem Proposes Vote Forcing Release Of Gaetz Report

By Hailey Konnath

U.S. Rep. Sean Casten on Wednesday introduced a resolution that would require the House of Representatives to vote on whether the House Ethics Committee must release its report on the allegations against former U.S. Rep. Matt Gaetz, a proposal unveiled the same day the ethics committee failed to reach a consensus.

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Fla. Judges May Create Nonprofits To Improve Legal System

By Emily Sawicki

Sunshine State judges may form nonprofit, nonpartisan organizations with a focus on improving the legal system, the state's judicial ethics watchdog has found, also clearing the way for judges to serve as board members of these nonprofit groups.

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WHITE COLLAR

Trump Wants 'Immediate Dismissal' Of NY Hush Money Case

By Frank G. Runyeon

President-elect Donald Trump's legal team told the New York judge who presided over his hush money trial that his conviction should be thrown out due to his "overwhelming victory" at the polls, according to a filing released Wednesday.

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Girardi Pushes For New Trial Over Competency Claims

By Cara Salvatore

Counsel for Tom Girardi told a federal judge the disbarred attorney is plainly mentally incompetent and deserves a new trial over charges he defrauded clients of $15 million worth of settlement money.

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NJ Power Broker, Attys Demand Wiretap Docs In RICO Case

By Jake Maher

George E. Norcross III, a politically influential insurance executive in New Jersey, and others accused alongside him of a massive racketeering scheme demanded Wednesday that state prosecutors turn over complete wiretap application information dating back to 2016, arguing that those details form the core of the state's case against them.

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Brief

'Fat Leonard' To Appeal 15-Year Sentence Over Navy Bribery

By Rae Ann Varona

A Malaysian defense contractor and ex-fugitive who pled guilty nearly 10 years ago to a bribery scheme that authorities said cost the U.S. Navy over $20 million has indicated in California federal court that he will appeal his 15-year sentence to the Ninth Circuit.

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DISCIPLINARY MATTERS

Philly Atty, 'Danger To The Public,' Earns 5-Year Suspension

By James Boyle

Office mismanagement, blatant disregard for clients' needs and a lack of remorse for the consequences of his self-described "pragmatic" approach to the law compelled the Pennsylvania Supreme Court to slap a five-year suspension on a Philadelphia attorney who is described by the court's Disciplinary Board as a "danger to the public and to the integrity of the legal profession."

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Fla. Judge Can't Get Free Speech Ruling In Ethics Case

By Madison Arnold

A hearing panel chair for the Florida Judicial Qualifications Commission on Wednesday denied a state judge's attempt to prevent authorities from presenting evidence or argument that her "philosophical beliefs" violated judicial ethics guidelines because she improperly used a particular kind of motion.

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LITIGATION

Beasley Allen And J&J Tussle Over Atty Sanctions Bid

By Madison Arnold

Beasley Allen Law Firm accused a Johnson & Johnson talc unit of using "deposition notices as weapons" in its quest to sanction a firm lawyer, while the company said the firm "refused to meaningfully subject itself or its members to any discovery" in its bankruptcy case.

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DC Circ. Skeptical Of Texas AG's Bid To Revive X Probe

By Ali Sullivan

A D.C. Circuit panel seemed skeptical Wednesday of the Texas attorney general's claims that Media Matters lacks a valid claim to challenge the state enforcer's investigation into the media watchdog's reporting about the social media platform X, formerly Twitter, but one judge expressed uncertainty about the suit's readiness for judicial review.

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Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge

By Aaron Keller

The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Ryan Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.

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Canadian Court Revives Award In $7M Coffee Franchise Fight

By Caroline Simson

An appeals court in Ontario has revived a CA$10 million ($7.1 million) arbitral award issued in a franchising dispute stemming from the expansion of an Israeli coffee bar chain into Canada, rejecting a lower court's conclusion that the arbitrator had breached his duty of disclosure.

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Flint School Atty Can't Get Immunity In Defamation Case

By Carolyn Muyskens

Outside counsel for Flint Community Schools who accused her predecessor of overcharging the public school district is not entitled to a form of immunity that shields government officials from liability for statements made during official proceedings, a state appellate court panel ruled on Tuesday.

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Ex-Fla. Official Says Litigation Privilege Bars Defamation Suit

By Carolina Bolado

A former Florida banking regulator fired because of sexual harassment allegations told the Eleventh Circuit on Wednesday that a lawyer's defamation claims against him were barred by the litigation privilege because they are based entirely on claims made in a lawsuit.

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Georgia Justices Won't Consider DA's Bid To Escape Suit

By Emily Johnson

A Georgia district attorney being sued over her policy to not prosecute low-level marijuana possession can't dodge the suit after the state's supreme court refused to take on the case, marking the latest blow to the DA who lost her reelection bid this month.

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EXPERT ANALYSIS

Opinion

Why States Should Adopt ABA's 'Duty To Inquire'

State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.

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LEGAL INDUSTRY

BigLaw Begins Matching Milbank On Associate Bonuses

By Aebra Coe

Following the news Tuesday that Cravath Swaine & Moore LLP will pay associates year-end and special bonuses in line with those handed out by Milbank LLP this year, the firms' peers have begun to respond, with swift matches Wednesday by Paul Hastings LLP and McDermott Will & Emery LLP.

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Weil Litigation Leaders Jump To Paul Weiss In NY

By Tracey Read

The co-chair of Weil Gotshal & Manges LLP's global litigation department and the co-head of Weil's patent litigation practice will soon be joining Paul Weiss Rifkind Wharton & Garrison LLP in New York, the latter firm announced Wednesday.

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Akerman Opens In Charlotte With 2 Moore & Van Allen Hires

By Xiumei Dong

Akerman LLP announced Wednesday the firm opened its second North Carolina office in Charlotte and brought on two new partners from Moore & Van Allen PLLC, including the former head of its renewable energy project finance team and a tax law expert.

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Musk, Ramaswamy Say High Court Rulings OK Federal Cuts

By Lauren Berg

Billionaire Elon Musk and former presidential candidate Vivek Ramaswamy, President-elect Donald Trump's picks to lead a newly created "Department of Government Efficiency," on Wednesday said two recent U.S. Supreme Court rulings will give them the authority to cut off power to regulatory agencies and conduct massive federal layoffs.

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Fed. Judges Still Seek New Bench Seats Amid Dems' Loss

By Courtney Bublé

The Federal Judges Association is urging the House to pass the bipartisan bill that would expand the federal courts in order to meet rising caseloads, even as the Biden administration appears to be cooling on the idea it once supported.

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Calif. Judicial Nominee Asked About Race, Parenting Writings

By Courtney Bublé

A California judicial nominee's previous writing about the murder of George Floyd in 2020, which sparked a national reckoning on race, was the subject of debate during a Senate nomination hearing on Wednesday.

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Washington State, DC District Court Picks Secure Seats

By Courtney Bublé

The Senate on Wednesday voted 50-48 to confirm Washington Court of Appeals Judge Rebecca L. Pennell to the Eastern District of Washington and 50-49 to confirm Amir Ali, former president and executive director of the MacArthur Justice Center and co-director of the Criminal Justice Appellate Clinic at Harvard Law School, to the District of Columbia.

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LAW FIRMS IN TODAY'S NEWS

A&G Law LLC

Aeton Law Partners

Akerman LLP

Anderson & Kreiger

Bailey & Glasser

Baker & Hostetler

Baker McKenzie

Beasley Allen

Bedell Dittmar

Bennett Jones

Brown & Connery

Chiesa Shahinian

Claggett & Sykes

Connecticut Trial Firm LLC

Covington & Burling

Cozen O'Connor

Cravath Swaine

Dilworth Paxson

Dinsmore & Shohl

Dunnegan & Scileppi

Eastburn & Gray

Elias Law Group LLP

Epps Holloway

Foley & Lardner

Gibson Dunn

Gilbert Employment Law

Girardi & Keese

Gordon Rees Scully Mansukhani

Hodkin Stage

Jenner & Block

Jones Day

Kilpatrick Townsend

Klenk Law

Kwall Barack

Latham & Watkins

Lee Anav

Litigation Practice Group

Marie A. Mattox PA

Marshack Hays

McDermott Will & Emery

McGarry & McGarry

Milbank LLP

Moore & Van Allen

NechelesLaw

Offit Kurman

Otterbourg PC

Parker McCay

Paul Hastings

Paul Weiss

Porter Hedges

Rhine Law Firm PC

Schaerr Jaffe

Sheppard Mullin

Sokolove Law

Sotos LLP

Stevens & Lee

Tom R. Pabst PC

Troutman Pepper

Wallace & Graham

Weil Gotshal

Weinstein & Wisser

Zausmer

COMPANIES IN TODAY'S NEWS

American Arbitration Association

American Bar Association

American International Group Inc.

Boston University

Chevron Corp.

Consumer Attorneys of San Diego

Corporation for Public Broadcasting

Danner Inc.

Gehrke Co. Inc.

International Bar Association

Johnson & Johnson

Kiteworks USA LLC

LinkedIn Corp.

New York University

PG&E Corp.

Planned Parenthood Federation

Princeton University

Roivant Sciences Ltd.

Tesla Inc.

The Cigna Group

The District of Columbia Bar

The Leadership Conference on Civil & Human Rights

Twitter Inc.

United Nations Commission on International Trade Law

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Consumer Financial Protection Bureau

Equal Employment Opportunity Commission

Federal Bureau of Investigation

Federal Judicial Center

Florida Office of Financial Regulation

Florida Supreme Court

Georgia Supreme Court

Internal Revenue Service

International Chamber of Commerce

International Trade Commission

Judicial Conference of the United States

Manhattan District Attorney's Office

National Labor Relations Board

New Jersey Attorney General's Office

New York County District Attorney's Office

New York Supreme Court, New York County

Office of Financial Regulation

Patent Trial and Appeal Board

Pennsylvania Supreme Court

U.S. Army

U.S. Attorney's Office for the Central District of California

U.S. Attorney's Office for the District of Alaska

U.S. Attorney's Office for the Southern District of California

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Justice

U.S. Department of the Treasury

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the Central District of California

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Northern District of Florida

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of California

U.S. Government Accountability Office

U.S. House of Representatives

U.S. Navy

U.S. Office Of Special Counsel

U.S. Securities and Exchange Commission

U.S. Supreme Court

US Office of Management and Budget

United States District Court for the Eastern District of Washington