Daily Litigation

  • Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit

    A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.

  • Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.

    The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."

  • Bang Energy Drink Co. Ex-CEO Urges DQ Of Ch. 11 Judge

    The former CEO of the company that makes Bang energy drinks urged the disqualification of a Florida federal bankruptcy judge and called for an investigation, alleging that the judge committed misconduct in the company's Chapter 11 case, according to a complaint filed with the Eleventh Circuit.

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    Margolis Edelstein Fights Bid To Revive Malpractice Suit

    An attorney representing Margolis Edelstein told the Delaware Supreme Court on Wednesday that an insurer's malpractice suit against the law firm shouldn't be revived as the firm's purported negligence wasn't the reason the insurer settled an underlying dispute for $1.2 million.

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    NY Judge Slams 'Whopping' Brief In Terror Suit As Dickensian

    A New York federal magistrate judge lectured attorneys in a lawsuit alleging a Pakistani bank funded terrorism, saying a recent joint status letter exceeded the limit by 70 pages and the parties are turning the case into a modern Jarndyce v. Jarndyce from the Charles Dickens classic "Bleak House."

  • Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed

    Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.

  • Former Conn. Top Public Defender Claims Bias Led To Ouster

    The former chief public defender in Connecticut has filed a second action challenging her June 4 ouster for misconduct, lodging an administrative appeal in state court that claims racial bias.

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    Former McElroy Deutsch CFO Hits Ch. 11 Amid Theft Cases

    McElroy Deutsch Mulvaney & Carpenter's former chief financial officer filed for bankruptcy in New Jersey this week as he awaits sentencing for embezzling over $1.5 million from the firm over a period of years via fraudulent bonuses.

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    Maynard Nexsen IP Trio Joins Nixon Peabody In Calif.

    Nixon Peabody LLP is continuing to grow its intellectual property practice on the West Coast, adding three former Maynard Nexsen PC partners, including a former practice chair.

  • 2 Roundup MDL Cases Axed After Plaintiffs Fail To Act

    A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.

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    Longtime Axinn Atty To Chair Polsinelli's Hatch-Waxman Team

    A practice leader from Axinn Veltrop & Harkrider LLP, known in part for his high-profile work on behalf of pharmaceutical clients, is joining Polsinelli PC to chair its Hatch-Waxman and biologics practice, the firm announced on Tuesday.

  • Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • Worker Says Law Firm Fired Her For Flagging Harassment

    A law firm brushed off a former accounts payable specialist's complaints that a male contractor was harassing her, telling her his actions were "laughable," and then fired her after she continued to bring up his conduct, she told a Virginia federal court.

  • Pa. Developer's Heirs, Foundation Can't Appeal Fee Denial

    The Supreme Court of Pennsylvania won't take up a fee dispute stemming from a disagreement over the control of a foundation established by Pittsburgh developer Jack Buncher.

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    Ex-Maryland Insurance Commissioner Rejoins DLA Piper

    Former Maryland Insurance Commissioner Kathleen Birrane has rejoined DLA Piper to lead the firm's U.S. insurance regulatory practice.

  • NY Judge In Trump Case OKs Narrow Subpoena For Atty

    An attorney who told reporters he held an impromptu hallway conversation with a New York state judge in the lead-up to February's $464.6 million civil fraud judgment against Donald Trump must turn over any communications he had with the court regarding the underlying action, according to a Tuesday ruling.

  • Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

  • Reed Smith's Work In Eletson Ch. 11 'Deficient,' Creditors Say

    Unsecured creditors of shipping company Eletson asked a New York bankruptcy judge to reject or pare back fees for Reed Smith, arguing that the law firm's work on the shipper's Chapter 11 plan and disclosure statement was "deficient."

  • NJ Atty Must Face Claims Over Not Reviving Malpractice Suit

    The New Jersey state appeals court reversed a trial court decision Tuesday and reinstated a malpractice case against a solo practitioner who allegedly blew a filing deadline and caused his clients to lose a separate malpractice suit.

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    McDermott Lands 22-Year Latham Securities Litigator In LA

    McDermott Will & Emery has brought in the global co-chair of Latham & Watkins LLP's securities litigation and professional liability practice group to join its Los Angeles office.

  • Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • Tampa Atty Accused Of Fraud In Long-Running House Dispute

    A Tampa-area estate lawyer has been accused of fraud conspiracy in a state court lawsuit brought by a former tax attorney who alleges that her house was taken to collect fees stemming from a false guardianship case, saying a court order that revoked possession of the property violated the Florida Constitution.

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    Cognizant Pays CFO's Settlement With Jilted Ex-Employer

    Cognizant Technology Solutions Corp. has paid over a half million dollars to its chief financial officer to cover his legal costs after he was sued by his former employer for an alleged breach of noncompete and confidentiality agreements.

  • Ousted Fla. Atty Pushes 11th Circ. To Speed Up Review

    Suspended Florida prosecutor Andrew Warren is once again asking the Eleventh Circuit to expedite a mandate to a lower court to reconsider his case against Gov. Ron DeSantis, arguing that a single judge has stopped it from moving forward for nearly six months.

  • Davis Malm, Partner Dropped From Investor Suit

    Davis Malm & D'Agostine PC and one of its partners have been dropped from a suit alleging a former client of the firm convinced a group of investors to back a startup, then misused their funds.

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Expert Analysis

  • Opinion

    Law Firms Stressing Work-Life Balance Are Missing The Mark Author Photo

    Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.

  • A Law Student's Guide To Thriving As A Summer Associate Author Photo

    Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.

  • Burnout Prevention Requires Effort From Attys And Firms Author Photo

    To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.

  • How I Owned My Power As An Asian American Woman In Law Author Photo

    Gibson Dunn's Debra Yang shares the bumps in her journey to becoming the first female Asian American U.S. attorney, a state judge and a senior partner in BigLaw, and how other women can face their self-doubts and blaze their own trails to success amid systemic obstacles.

  • Successful In-House Alt Legal Services Start With 4 Questions Author Photo

    Law firms that are considering creating an in-house alternative legal service provider should focus not on recapturing revenue otherwise lost to outside vendors, but instead consider how a captive ALSP will better fulfill the needs of their clients and partners, say Beatrice Seravello and Brad Blickstein at Baretz & Brunelle.

  • 3 Reasons To Embrace Jargon In Legal Marketing Content Author Photo

    Ignore what you've been told about jargon — adding insider industry terms to your firm's marketing and business development content can persuade potential clients that you have the specialized knowledge they can trust, says Wayne Pollock at Law Firm Editorial Service.

  • Future Lawyers Expect DEI Commitments Beyond Recruiting Author Photo

    To attract future lawyers from diverse backgrounds, firms must think beyond recruiting efforts, because law students are looking for diversity, equity and inclusion initiatives that invest in employee professional development and engage with students year-round, says Lauren Jackson at Howard University School of Law.

  • Series

    Ask A Mentor: How Can Law Students Build Real-World Skills? Author Photo

    Allison Coffin at Akin Gump discusses how summer associates going back to school can continue to develop real-world lawyering skills by leveraging the numerous law school resources that support professional development both inside and outside the classroom.

  • How Firm Leaders Can Build And Sustain Culture Author Photo

    In uncertain and challenging times, law firm leaders can build and sustain culture by focusing attention on mission, values and leadership development, and applying a growth mindset across their firms, says Scott Westfahl at Harvard Law.

  • The Case That Showed Me The Value Of E-Discovery Plans Author Photo

    Robert Keeling at Sidley reflects on leading discovery in the litigation that followed the historic $85 billion AT&T-Time Warner merger and how the case highlighted the importance of having a strategic e-discovery plan in place.

  • What Litigators Can Expect From The Metaverse Author Photo

    As virtual reality continues to develop, litigators should consider how it will affect various aspects of law practice — from marketing and training to the courtroom itself — as well as the potential need for legal reforms to ensure metaverse-generated data is preserved and available for discovery, says Ron Carey at Esquire Deposition Solutions.

  • Opinion

    CLE Accreditation Should Be Tied To Learning Outcomes Author Photo

    Given the substantial time and money lawyers put toward mandatory continuing legal education, CLE regulators and providers should be held to accreditation standards that assess learning outcomes, similar to those imposed on law schools and continuing medical education providers, says Rima Sirota at Georgetown Law.

  • Persuading The Court With Visual Aids In Written Argument Author Photo

    Robert Dubose at Alexander Dubose describes several categories of visuals attorneys can use to make written arguments easier to understand or more persuasive, and provides tips for lawyers unused to working with anything but text.

  • BigLaw Vs. Mid-Law Summer Programs: The Pros And Cons Author Photo

    There are major differences between BigLaw and Mid-Law summer associate programs, and each approach can learn something from the other in terms of structure and scheduling, the on-the-job learning opportunities provided, and the social experiences offered, says Anna Tison at Brooks Pierce.

  • Series

    Ask A Mentor: How Do I Take Time Off? Author Photo

    David Kouba at Arnold & Porter discusses how attorneys can prioritize mental health leave and vacation despite work-related barriers to taking time off.

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