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Daily Litigation
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Texas AG Pushes For Preservation Of Jack Smith, DOJ Docs
Texas Attorney General Ken Paxton urged a federal court Thursday to enter an order requiring the U.S. Department of Justice to preserve records connected to special counsel Jack Smith, accusing the agency of remaining "evasive" of Paxton's bid for records related to President-elect Donald Trump's hush money case.
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Tax Firm Must Disclose Case Info In Malpractice Suit
A tax firm being sued for malpractice and unfair trade practices by former clients can't hide behind a state bar association rule to avoid producing discovery documents it claims are privileged, a Wisconsin federal court ruled Thursday.
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Ye's Cos. Sanctioned For Blowing Off Discovery In Bias Suit
A Los Angeles judge sanctioned two of Ye's companies Thursday after they "simply ignored" discovery requests in a former employee's lawsuit alleging widespread racism, antisemitism and homophobia on the part of the rapper formerly known as Kanye West.
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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.
Expert Analysis
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A Model For Optimal Legal Tech Investment Strategy
Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.
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Series
My Nonpracticing Law Job: Recruiter
Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.
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Series
Ask A Mentor: How Do I Balance Social Activism With My Job?
Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.
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How AI Legal Research Tools Are Shifting Law Firm Processes
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
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Data Source Proliferation Is A Growing E-Discovery Challenge
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
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Bracing For A Generative AI Revolution In Law
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.
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Why I Use ChatGPT To Tell Me Things I Already Know
The legal profession is among the most hesitant to adopt ChatGPT because of its proclivity to provide false information as if it were true, but in a wide variety of situations, lawyers can still be aided by information that is only in the right ballpark, says Robert Plotkin at Blueshift IP.
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Series
Ask A Mentor: How Can I Use Social Media Responsibly?
Leah Kelman at Herrick Feinstein discusses the importance of reasoned judgment and thoughtful process when it comes to newly admitted attorneys' social media use.
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Yada, Yada, Yada: The Magic Of 3 In Legal Writing
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Attorneys should take a cue from U.S. Supreme Court justices and boil their arguments down to three points in their legal briefs and oral advocacy, as the number three is significant in the way we process information, says Diana Simon at University of Arizona.
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How Firms Can Stop Playing Whack-A-Mole With Data Security
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In order to achieve a robust client data protection posture, law firms should focus on adopting a risk-based approach to security, which can be done by assessing gaps, using that data to gain leadership buy-in for the needed changes, and adopting a dynamic and layered approach, says John Smith at Conversant Group.
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5 Life Lessons From Making Partner As A Solo Parent
Laranda Walker at Susman Godfrey, who was raising two small children and working her way to partner when she suddenly lost her husband, shares what fighting to keep her career on track taught her about accepting help, balancing work and family, and discovering new reserves of inner strength.