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Daily Litigation
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Prepetition Waivers Sway Invitae Judge On Kirkland Hire
A New Jersey bankruptcy judge approved the retention of Kirkland & Ellis LLP as bankruptcy counsel for debtor Invitae Corp. Tuesday, the same day he approved a $239 million sale of its assets to Labcorp.
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Calif. Panel Says Court Could Undo Order Disqualifying Attys
A California trial court correctly reconsidered its earlier ruling on a truck body manufacturer's bid to disqualify a workers' side firm from a wage and hour suit, a state appellate panel said, ruling that a temporary missing document led the court in the wrong direction.
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Ferguson Braswell Adds 4 Attys In Calif.
Ferguson Braswell Fraser Kubasta PC, which now goes by the name FBFK Law Firm, is expanding its West Coast team, announcing Tuesday it is bringing in four new attorneys — three of whom come from Hall Griffin LLP — to join its Orange County office.
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Texas Law Firm's Claims Partly Tossed In Click-To-Call Ad Suit
A Texas federal judge has partially dismissed a Houston-based personal injury outfit's claims against a legal referral service it accuses of buying internet keywords that infringe the firm's trademarks in a "click-to-call" scheme meant to steal clients and business from the firm, finding some of the allegations were "conclusory" and that others were unsupported by the facts.
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NC Firm Beats Appeal In Fee Fight With Fla. Client
A North Carolina state appeals court on Tuesday affirmed a lower court's denial of a motion to dismiss a breach-of-contract lawsuit filed by Raleigh-based law firm Wilson Ratledge PLLC, agreeing the fee dispute with two Florida-based companies falls under the state court's jurisdiction.
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Fla. Court Mulls Bid To Unmask DeSantis' Judicial Advisers
An anonymous Florida resident urged a state appeals court on Tuesday to reverse the dismissal of a petition to force Gov. Ron DeSantis to turn over information about the conservative advisers he consults to vet judicial nominees, arguing that the governor can't use executive privilege to hide from a public records request.
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Fisher Phillips Adds Ex-Lyons HR GC To Employment Group
Employer-side labor and employment law firm Fisher Phillips has brought on the former general counsel and senior vice president of human resources for professional employer organization Lyons HR to its Atlanta office, strengthening its professional employer organization and staffing practice.
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Pashman Stein Sued For Malpractice Over Firm Breakup Work
A New Jersey intellectual property attorney facing claims from Pashman Stein Walder Hayden PC that he owes $88,000 in unpaid legal fees denied those allegations and countered with his own claims that Pashman Stein committed malpractice in representing him in the breakup of his old firm.
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7th Circ. Ruling Imperils Anonymity In NCAA, Netflix Cases
Anonymous plaintiffs suing the NCAA and Netflix in separate cases in Indiana federal court must explain why they should be allowed to keep their identities hidden following a recent Seventh Circuit ruling that established "a stringent standard" relating to anonymity, a magistrate judge has ruled.
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8th Circ. Seems Unwilling To Revive Ex-Lockheed Atty's Suit
The Eighth Circuit appeared likely Tuesday to uphold the dismissal of a Black former Lockheed Martin in-house attorney's race discrimination and retaliation lawsuit, questioning whether a lesser sanction would've adequately punished misstatements to the trial court about her current high-paying job.
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Margolis Edelstein Gets Rehearing In Del. Malpractice Case
Delaware's Supreme Court has granted Margolis Edelstein's bid for a rehearing by the full five-justice court of an April ruling that revived an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million.
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Chase Aims To Sink Florida Law Firm's $100K Wire Theft Suit
JPMorgan Chase Bank NA has asked a federal court to dismiss a lawsuit brought by a Florida law firm, saying it is not responsible for the $100,000 payment that a client mistakenly transferred to a fraudster instead of the firm's account at the bank.
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Amazon Blasts Writer's Ownership Claim Over New 'Road House'
Amazon Studios and others involved in the 2024 remake of 1989's "Road House" movie told a California federal court that the writer behind the original film who is suing for copyright infringement does not own the rights to the script for the original.
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Titans Of The Plaintiffs Bar: Susman's Brook, Shackelford
Susman Godfrey LLP attorneys Davida Brook and Stephen Shackelford Jr. learned very early on in their working relationship that they needed to trust each other. That concept, they say, has been foundational to their success as defamation attorneys, and those who have worked alongside them say everyone else has reason to trust them, too.
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Texas Boutique Brown Fox Adds Gibson Dunn Litigation Ace
Boutique business law firm Brown Fox PLLC has added a litigation partner in Dallas who recently practiced with Gibson Dunn & Crutcher LLP and who previously served as a judicial law clerk for a U.S. appellate court.
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Norton Rose Taps Longtime Atty To Lead Austin, Texas, Office
A Norton Rose Fulbright litigator who has worked at the firm since 1996 has been named partner-in-charge of its Austin, Texas, office.
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Law Firm Must Face COVID Test-Kit Fraud Suit, NJ Court Told
A medical supply business has urged a New Jersey federal court to reject a Texas law firm's bid to walk away from or transfer a more than $2.45 million lawsuit alleging it took part in a scheme to dupe the company into paying for COVID-19 test kits that were never delivered.
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Attys Denied $10M Fees As Family Dollar Deal Is Approved
A Tennessee federal judge has given final approval to a settlement to end consumer claims stemming from a rodent infestation at a Family Dollar Stores Inc. warehouse, but denied a bid by class counsel for $10 million in fees.
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Bloch & White Adds Civil Rights Atty From 'Ghost Gun' Case
Bloch & White LLP has hired "one of the winningest trial attorneys" in the Eastern District of New York's history as counsel, the firm said Monday.
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Sidley Brings On Wilson Sonsini Employment Pro In Palo Alto
Sidley Austin LLP has boosted its labor and employment practice with a partner joining from Wilson Sonsini Goodrich & Rosati PC who boasts more than a decade of experience handling employment-related matters in Silicon Valley.
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Workday Defeats In-House Atty's Bias Suit, For Now
A California magistrate judge on Monday dismissed, for now, a lawsuit by a Workday Inc. in-house attorney who accused the company of discriminatory and retaliatory behavior, which included pay inequities and calling the police to conduct an unnecessary wellness check at his house when he was hospitalized.
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DeSantis, Ousted Fla. Atty Clash Over Reinstatement Powers
Florida Gov. Ron DeSantis and ousted prosecutor Andrew Warren have offered dueling takes over whether federal courts have jurisdiction to reinstate suspended state officers in competing briefs filed with the Eleventh Circuit.
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Berkeley Law Faces Claims Over Anti-Israel Student Protests
A group of Jewish advocacy organizations suing the University of California, Berkeley, and its law school since November for purportedly tolerating antisemitism on campus have amended their complaint to add allegations stemming from recent campus protests, including an allegedly antisemitic campaign against the law school's dean.
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Calif. Doctors Can't Escape Med Mal Atty's Defamation Suit
A California appeals court has said two California doctors cannot escape a defamation suit over an allegedly defamatory website they created about a malpractice attorney whom they'd had a fee dispute with, denying an anti-SLAPP motion because the language the lawyer identified in his amended complaint was not protected activity.
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Boies Schiller Adds Trial And Appellate Pro In New York
Boies Schiller Flexner LLP announced Monday that it has hired an experienced New York-based trial attorney who has worked on a number of high-profile tobacco litigation matters as a partner.
Expert Analysis
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.
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9 Writing Tips From The Justices' Opinions Last Term
Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.
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What Web3 Means For Lawyers' Ethical Duties
As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.
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NY's Cybersecurity CLE Rule Is A Sign Of Changing Times
New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.
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Opinion
Law Firms Stressing Work-Life Balance Are Missing The Mark
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.
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A Law Student's Guide To Thriving As A Summer Associate
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.
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Burnout Prevention Requires Effort From Attys And Firms
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.
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How I Owned My Power As An Asian American Woman In Law
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.