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Daily Litigation
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Data Co. Gets Remand Of Suits Over Judicial Privacy
A federal judge sent 39 lawsuits alleging violations of a New Jersey judicial privacy law back to state courts, finding the district lacks subject matter jurisdiction.
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Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms
Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.
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Dentons Atty Owed No Duty In $54M Currency Deal, Jury Says
A Florida state court jury found Thursday that a former Dentons US LLP attorney didn't intentionally make a false statement or commit malpractice in a failed $54 million dollars-to-bolivares currency swap in which a Venezuelan lawyer lost millions of dollars.
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Ga. Attys' Easement Fraud Class Suit Shipped To State Court
A Georgia federal judge kicked back to state court a proposed class action accusing conservation easement fund organizers of racketeering and defrauding investors, saying the organizers failed to prove that the proposed class had at least 100 investors or that the case hinged on federal law.
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Susman Godfrey Atty Gains Early Experience In Del., Beyond
Susman Godfrey LLP associate Raj Mathur told Law360 Pulse Thursday that the firm's "ethos" of giving younger attorneys the opportunity to steer significant cases is certainly holding true for him, including his first appearance in front of Delaware's nationally important Supreme Court this week.
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Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim
A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.
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Paxton Sanctions Bid Unwarranted, Immigration Org. Says
A Texas immigrant rights nonprofit asked a federal judge to deny a bid by state Attorney General Ken Paxton to sanction it, saying it never resisted a civil investigation or misled the court as Paxton's office claims.
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Holtzman Vogel Expands To South Florida With Weil Atty
Washington, D.C.-based firm Holtzman Vogel Baran Torchinsky & Josefiak PLLC has added a Miami litigation partner previously at Weil Gotshal & Manges LLP.
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Meet Attys In Malpractice Case Over Chicken Plant Pollution
Attorneys for two firms and parents who say their child's "catastrophic injuries" were caused by contamination from a chicken plant are set to soon appear before Delaware's Supreme Court to determine whether the parents' malpractice claims will be revived.
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Gordon Rees Brings Back Employment Ace In San Diego
Gordon Rees Scully Mansukhani LLP is expanding its San Diego team, announcing Thursday that an employment expert most recently with Pettit Kohn Ingrassia Lutz & Dolin PC is rejoining the firm as a partner.
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Defamation Suit Against Ga. Election Chief Likely To Proceed
A federal judge said Thursday that she was likely to allow a Texas attorney to continue with her defamation suit against Georgia Secretary of State Brad Raffensperger over comments that suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election.
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Ex-Connecticut Town Officials Appeal Toss Of Defamation Claims
A group of former officials from Newington, Connecticut, including its onetime town attorney, have appealed a state judge's decision to throw out all of their claims against the town and nearly all against tax assessors they had accused of defaming them with a false ethics complaint.
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ACLU-NJ Taps Civil Rights, Ex-Dechert Atty As Appellate Lead
The New Jersey chapter of the American Civil Liberties Union has selected its next director of appellate advocacy, turning to an attorney with decades of experience, the past 10 of which he spent serving in Washington at the Lawyers' Committee for Civil Rights Under Law and the 20 years prior in private practice at Dechert LLP.
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$1.5M Georgetown Tuition Refund Deal Closer To Final OK
A D.C. federal judge appears poised to give final approval to a $1.5 million settlement resolving claims over Georgetown University's move to remote instruction during the COVID-19 pandemic, but his skepticism that a graduate student outside the settlement class should score a $1,000 service award dissuaded him from granting final approval Thursday.
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MVP: Fenwick's Douglas Cogen
Douglas Cogen of Fenwick & West LLP's life sciences practice guided cardiovascular device company Shockwave Medical through a record-breaking acquisition by Johnson & Johnson, while he simultaneously shepherded multiple biopharma companies through multibillion-dollar deals, earning him recognition as a 2024 Law360 Life Sciences MVPs.
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Ex-Morgan Lewis Litigator Jumps To Thompson Hine
Thompson Hine LLP announced Thursday it has added a business litigation partner in Chicago who lists rate flexibility for his clients among the reasons he was attracted to the firm after more than a decade with Morgan Lewis & Bockius LLP.
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MVP: Cohen Milstein's Michelle C. Yau
Michelle Yau of Cohen Milstein Sellers & Toll PLLC helped to secure multiple multimillion-dollar settlement deals as lead counsel on class actions from workers alleging retirement plan mismanagement, including deals with New York Life Insurance Co. and Citgo Petroleum Corp., earning her a spot among the 2024 Law360 Benefits MVPs.
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Ex-Pharma CEO Demands Legal Fees For SEC Probe
Cancer treatment development company Eagle Pharmaceuticals Inc.'s founder and ex-CEO told Delaware's Chancery Court Wednesday that he is entitled to legal fees he says the company owes him in connection with a U.S. Securities and Exchange Commission probe into the company's accounting practices, saying he continues to incur fees in addition to the $875,000 he has already requested.
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NLRB Attys Call Legal Support Co. Injunction Bid 'Unjustified'
A legal support consulting firm should not be granted a "totally unjustified" injunction to block National Labor Relations Board proceedings against it based on a constitutional challenge to the agency's structure, the board argued in Texas federal court, defending removal protections for NLRB members and judges.
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Attys Get $9K After Seeking $578K For Defending Safeway
A California federal judge awarded about $8,800 in fees to two firms that requested $578,000 after defending Safeway from a contractor's 2021 lawsuit, saying Wednesday that the figure shouldn't come as a surprise because the attorneys simply pointed to a request-for-proposal document to defeat the suit's breach of contract allegations.
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Foley Shouldn't Face Data Breach Claims, Calif. Panel Says
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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Keep Your Briefs Brief, LA Federal Judges Tell IP Lawyers
A group of Los Angeles federal judges urged local intellectual property lawyers during a courthouse panel Wednesday to keep their briefs succinct and not repeat the same points verbatim during oral arguments.
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CFPB Subpoenas Trustee In Debt Relief Firm Bankruptcy Case
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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3rd Circ. Reins In Novel Use Of Atty-Client Privilege Exception
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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Conn. Trial Firm's Dissolution Is In Disarray, CEO Tells Judge
The windup of Connecticut Trial Firm LLC is "in complete controversy" and must be submitted to arbitration, CEO Ryan C. McKeen has told a state Superior Court judge, saying his onetime 50-50 partner, Andrew P. Garza, committed "self-dealing, waste and abuse" to benefit his new firm, Claggett Sykes & Garza LLC.
Expert Analysis
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Series
My Nonpracticing Law Job: Career And Wellness Coach
Tara Rhoades at The Sanity Plea shares how she went from BigLaw partner to legal industry career and wellness coach, and explains how attorneys can use their capabilities, knowledge and professional networks to pursue coaching themselves, or bring refreshed meaning and purpose to their current roles.
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Series
Talking Mental Health: Tackling Stress As A Practice Leader
Constance Rhebergen at Bracewell discusses how she handles the stress of being a practice chair, how sources of stress have changed in the legal industry over the past decade and what law firms can do to protect attorney mental health.
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Making Legal Cents: Engaging A Remote, Evolving Workforce
In the face of a dispersed and changing workforce with Generation Z entering the scene, law firms should consider some practical strategies to revitalize their cultures, provide meaningful mentorship and safeguard their knowledge bases, says Shireen Hilal at Maior Strategic Consulting.
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How Firms Can Effectively Evaluate Their Summer Associates
One of the most effective ways firms can ensure their summer associate programs are a success is by engaging in a timely and meaningful evaluation process and being intentional about when, how and by whom feedback should be provided, say Caroline Cimei and Erica Fine at Shutts & Bowen.
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Series
Talking Mental Health: Life As A Lawyer With OCD
Kelly Hughes at Ogletree discusses what she’s learned in the 14 years since she was diagnosed with obsessive-compulsive disorder, recounting how the experience shaped her law practice, what the legal industry and general public get wrong about the disorder, and how law firms can better support employees who have OCD.
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3 Innovative Ways AI May Be Used In Legal Practice
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly be used by outside counsel to better predict the outcomes of litigation — thus informing legal strategy with greater precision — and by clients to scrutinize invoices and evaluate counsel’s performance, says Ronald Levine at Herrick Feinstein.
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Series
My Nonpracticing Law Job: Librarian
Lisa A. Goodman at Texas A&M University shares how she went from a BigLaw associate who liked to hang out in the firm's law library to director of a law library herself in just over a decade, and provides considerations for anyone interested in pursuing a law librarian career.
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Legal Briefs Can Benefit From Cleaned Up Case Citations
Federal courts have recently been changing the way they quote decisions to omit insignificant details and string cites, and lawyers should consider adopting this practice to enhance the readability of their briefs — as long as accuracy stays top of mind, says Diana Simon at the University of Arizona James E. Rogers College of Law.
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5 Best Practices For Firms Designing DEI Programs
Nikki Lewis Simon, chief diversity, equity and inclusion officer at Greenberg Traurig, discusses best practices — and some pitfalls to avoid — for law firms looking to build programs aimed at driving inclusion in the workplace.
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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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Ask A Mentor: How Do I Juggle Billables And Other Activities?
While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.
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Making Legal Cents: How To Adapt As Clients Tighten Budgets
Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.
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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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General Counsel And Legal Ops Must Work Together
It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.
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How Generative AI's Growing Memory Affects Lawyers
A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.