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Legal Ethics
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January 21, 2025
Ex-Chemical Biz Atty Drops Claims Against Bain Capital
A former in-house attorney for chemicals company Arxada has agreed to remove Bain Capital as a defendant in her New Jersey state court suit alleging that she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.
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January 21, 2025
Womble Bond Atty Appeals Contempt Ruling To 4th Circ.
A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.
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January 21, 2025
Sex-Shaming Murder Conviction To Be Reviewed
The U.S. Supreme Court on Tuesday revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Feds Drop Bribery, Fraud Suit Against Ex-New York Lt. Gov.
Federal prosecutors on Friday dropped a bribery and fraud suit accusing former New York Lt. Gov. Brian Benjamin of using his position to obtain state grant funds in exchange for campaign contributions, noting the death of a New York real estate lawyer who pled guilty as a cooperating witness in 2022.
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January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say
John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
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January 17, 2025
Epic Wary Of Apple's Privilege Claims As Doc Review Wraps
Epic Games' counsel took issue with the rising number of privilege assertions Apple is maintaining over its discovery documents in their ongoing antitrust compliance fight, telling a magistrate judge Friday he's "frankly surprised and concerned" by the sudden increase as Apple's privilege-assertion rereview draws to a close.
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January 17, 2025
Ga. Panel Won't Revive Nixed Charges Against Trump, Others
The Georgia Court of Appeals on Friday affirmed the dismissal of six counts in the state's election interference case against President-elect Donald Trump, former New York Mayor Rudy Giuliani and other co-defendants, upholding a trial judge's decision that the charges must be tossed for lack of detail.
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January 17, 2025
Meet The Key Players In Tom Goldstein's Tax-Crimes Case
The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.
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January 17, 2025
Firm Says Insurers Must Pay $2.6M Malpractice Suit Judgment
A Georgia personal injury firm said its professional malpractice insurers must cover a $2.6 million default judgment entered against the firm in a suit brought by a former client, telling a federal court that a Berkshire Hathaway unit's failure to act caused the adverse ruling.
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January 17, 2025
Philly Judge Rejects Ex-Kline & Specter Attorney's DQ Bid
A former Kline & Specter partner can't disqualify an attorney representing it from his lawsuit against the firm, a Philadelphia judge has determined, because he couldn't prove he had an attorney-client relationship with the lawyer before he resigned.
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January 17, 2025
Lowenstein Sandler Can Pursue Trimmed Dispensary Fee Suit
A New Jersey state court judge dismissed part of Lowenstein Sandler LLP's $800,000 fee suit against a cannabis dispensary former client Thursday and told the firm it must give the former client the notice of its right to resolve the fee dispute through arbitration.
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January 17, 2025
Insurer Tried To 'Embarrass' Cadwalader, NC Court Told
Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.
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January 17, 2025
Ga. Law Firm Beats DQ Bid In FCA Suit Against Tool Co.
A Georgia federal judge has rejected a former tool company employee's bid to have a Smith Gilliam Williams & Miles PA attorney disqualified from representing the business in a False Claims Act suit, saying he failed to show that the attorney violated ethical rules to warrant his removal.
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January 17, 2025
Trump Opposes DA Willis' Bid To Return To Ga. Election Case
President-elect Donald Trump urged the Georgia Supreme Court on Friday not to review the state intermediate court's ruling that disqualified Fulton County District Attorney Fani Willis from prosecuting the Georgia election interference case.
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January 17, 2025
Ex-Pol's Atty Chided For Early Morning Sentencing Memo
The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.
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January 17, 2025
Fla. Watchdog Seeks Judge Reprimand For Election Violation
Florida's judicial ethics watchdog has recommended that Circuit Court Judge Stefanie C. Moon, who presides in the family court in Broward County, be reprimanded for actions including discussing her reelection campaign on the bench and improperly contacting a witness.
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January 17, 2025
Attorney General Nominee Bondi Outlines Ethics Parameters
Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company.
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January 16, 2025
Atty Suspended Over Wrongful Imprisonment Case Fees
A Florida attorney accused of overcharging two intellectually disabled stepbrothers avoided disbarment when the New Jersey Supreme Court imposed a five-year suspension instead of opting for the permanent license revocation recommended by the court's disciplinary review board.
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January 16, 2025
Fed. Circ. Calls Newman's Constitutional Challenge 'Meritless'
The Federal Circuit Judicial Council urged the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's argument that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve on the bench is unconstitutional.
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January 16, 2025
Trump AG Nominee Pam Bondi's Net Worth Tops $12M
President-elect Donald Trump's nominee for attorney general, Pam Bondi, has a net worth of over $12 million and holds stock in Trump's media company, according to financial disclosures shared with Law360.
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January 16, 2025
Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit
A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.
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January 16, 2025
Leon Black Rape Case Halted As Wigdor Faces Sanctions Bid
A Manhattan federal judge froze discovery Thursday in a sexual assault case against ex-Apollo Global Management CEO Leon Black to allow him to file a sanctions motion against the Jane Doe plaintiff and Wigdor LLP, pointing to sealed documents.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
Expert Analysis
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.