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Legal Ethics
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May 01, 2024
Celeb Charity Says Law Firm Partner Went Rogue, Leaked Info
The nonprofit responsible for handling more than $8 million donated to NFL safety Damar Hamlin following his on-field cardiac arrest has lodged a suit in Illinois federal court against its former counsel, claiming a lawyer leaked private documents to the press as retribution for his firing after publicizing faulty information.
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April 30, 2024
Reed Smith Beats Ex-Paralegal's Sprawling Bias Suit
A former Reed Smith LLP paralegal hasn't shown that the firm's flagging of her work performance issues and her eventual termination stemmed from age and race discrimination, a New Jersey federal judge ruled Tuesday, handing the law firm a final win in the nearly 9-year-old litigation.
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April 30, 2024
Attys Barred From Practicing Over Ch. 13 Real Estate Scams
Enforcement actions against two consumer bankruptcy attorneys who admitted they hid their involvement in schemes to acquire their clients' homes during Chapter 13 proceedings have resulted in sanctions barring them from practicing in certain districts, the U.S. Department of Justice's Trustee Program announced Tuesday.
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April 30, 2024
Justices Told Error Admission Merits Respect In Capital Case
Attorneys general from across the country implored the U.S. Supreme Court on Tuesday to give the "utmost" deference to Oklahoma's confession that prosecutorial misconduct led to the wrongful conviction of a death row inmate and to overturn a state court ruling that rebuffed the admission and upheld the conviction.
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April 30, 2024
Texas Appeals Panel Keeps Court Reporter's AI Case Alive
An Austin, Texas, appeals panel on Tuesday kept alive a court reporter's attempt to pursue an administrative complaint against an artificial intelligence-powered "digital reporting firm," rejecting a state agency's argument that jurisdictional issues block the court reporter from seeking a writ of mandamus compelling the agency to consider her claims.
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April 30, 2024
Atty Tells Trump Jury That Hush Money Deal Almost Tanked
An attorney who previously represented adult film star Stormy Daniels told jurors Tuesday in the New York criminal trial of Donald Trump about how the $130,000 hush money agreement at the heart of the case was nearly derailed after former Trump lawyer Michael Cohen would not close the deal.
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April 30, 2024
9th Circ. Says Calif. Bar Didn't Violate Student's Fed. Rights
The Ninth Circuit on Tuesday affirmed the dismissal of an octogenarian law school student's claims that the State Bar of California violated his 14th Amendment protected rights when it refused to excuse his delay in taking a first-year exam, saying the California Supreme Court has original jurisdiction over admission matters.
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April 30, 2024
Debt Box Wants Attorney Fees Paid If SEC Brings New Action
Crypto project Debt Box has asked a Utah federal judge to impose multiple "guardrails" if the court allows the U.S. Securities and Exchange Commission to refile its troubled registration suit against the firm, including payment of all attorney fees arising from the original, compromised suit.
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April 30, 2024
Colo. Justice Says Judges Need To Squash Lawyers' Sniping
Colorado Supreme Court Justice Richard L. Gabriel said Tuesday that more judges should call out lawyers' unprofessional behavior in their courtrooms to help restore civility in the profession, aiming to stamp out those behaving like "kids fighting in the sandbox."
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April 30, 2024
Sills Cummis Atty Must Sit For Deposition In Malpractice Suit
A New Jersey state court judge has directed a Sills Cummis & Gross PC attorney to soon sit for a deposition in a malpractice suit filed by the former manager of musician, producer and songwriter Nile Rodgers.
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April 30, 2024
Conn. Atty Says Depo Reveals Referral Fee Deal Was Legit
An attorney who says another lawyer owes him a $58,333 referral fee for handing over a personal injury case has pointed to a deposition to argue that referral "discussions" occurred despite his opponent's apparent claims that they didn't, according to a supplemental argument submitted to a Connecticut state trial court judge.
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April 30, 2024
Atty Wants Out Of 'Coup' Suit Over Judge Romance
The former Jackson Walker LLP attorney whose secret relationship with a Texas judge ignited an ethics scandal wants out of a racketeering suit accusing her of "orchestrating a coup" in a bankruptcy case, calling the suit a "dubious" attempt to blame her for an ex-CEO's "disastrous" mismanagement of his family business.
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April 30, 2024
6th Circ. Nominee Denies Ethics Accusations Again
A nominee for the Sixth Circuit provided more detail to bolster his denial of claims of ethical misconduct during his time as a prosecutor, as outlined in a follow-up questionnaire.
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April 30, 2024
Buffalo Judge Won't Be Ejected For Brawl, Ethics Failures
New York state's judicial ethics watchdog said Tuesday that a Buffalo judge should be censured but not removed following an investigation into a street fight with neighbors during which the judge shoved an officer and touted his ties to the mayor and police, among other ethical lapses.
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April 30, 2024
Trial Set For Lin Wood's Ex-Partners' Defamation Suit
Controversial attorney Lin Wood will face trial in August in a defamation case brought by his former law partners who say he falsely accused them of trying to extort him, a Georgia federal judge decided Tuesday.
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April 30, 2024
Attys, Broker Can't Escape $4M Tax Fraud Convictions
A North Carolina federal judge has denied acquittal requests from two tax attorneys and an insurance agent who were convicted for their roles in a $4 million tax avoidance scheme, saying he agreed with federal prosecutors who argued there was sufficient evidence for the underlying charges.
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April 30, 2024
Conn. Firm Settles Copyright Feuds Over Website Photos
The Connecticut consumer law firm Lemberg Law LLC and its managing attorney have agreed to settle two suits tied to a multistate copyright battle with a stock photo provider that arose in 2020 after the firm was accused of using images on its website without permission, and then countered that it was the victim of an extortion attempt.
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April 30, 2024
Atty Sanctioned Over Missed Depo During Solar Eclipse Trip
A Florida lawyer whose client missed his own deposition while the attorney was solar eclipse viewing has been ordered to pay related attorney fees incurred by AAA as the business fights a gender discrimination lawsuit.
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April 30, 2024
DC Bar Prosecutors Say Jeffrey Clark 'Betrayed His Oath'
Attorney disciplinary authorities in Washington, D.C., have urged an ethics hearing committee to recommend disbarring former U.S. Department of Justice official Jeffrey Clark, saying he "betrayed his oath" to the Constitution by aiding former President Donald Trump's efforts to undermine the 2020 elections, and "is not fit to be a member of the District of Columbia Bar."
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April 30, 2024
Judge Says $4.5M Davis Wright Deal Should Be Approved
An Oregon federal magistrate judge has recommended approval of a $4.5 million deal resolving investor claims against Davis Wright Tremaine LLP for its role in endorsing an alleged real estate securities scheme.
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April 30, 2024
Ethics Probes Take Mental Toll On Solo, Small Firm Attorneys
Facing a disciplinary complaint can take a toll on any attorney’s mental health. But for solo practitioners and small firm lawyers, who typically juggle all aspects of their business from handling client matters to administrative tasks like managing trust accounts, it can threaten to upend their lives.
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April 30, 2024
Atty, Pot Entrepreneurs Get Conspiracy Claims Thrown Out
A California state appeals court has thrown out claims against a group of attorneys and cannabis entrepreneurs that they were part of a "straw man practice" conspiracy to monopolize the San Diego cannabis market, finding the complaint failed to allege they did anything illegal.
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April 30, 2024
Ga. High Court Tosses Atty's Road Rage Murder Conviction
The Supreme Court of Georgia threw out the murder conviction of a former corporate lawyer who was convicted of killing a real estate developer in a road rage incident, ruling Tuesday that the trial court erred by refusing to instruct the jury on the attorney's defense that the death was accidental.
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April 30, 2024
Trump Held In Contempt For Trashing Witnesses In NY Trial
A New York state judge on Tuesday found former President Donald Trump in contempt of court for repeatedly violating a gag order in his criminal hush money case by publicly attacking expected witnesses, including his former attorney Michael Cohen.
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April 30, 2024
Coverage Recap: Day 5 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day five.
Expert Analysis
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.
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5th Circ. Ruling Reminds Attys That CBP Can Search Devices
The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.
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Alleged $636M Deal Error Shows Value Of Old-School Methods
Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.
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Twitter Sanction Highlights Privacy Law's Complexity
The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.