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Legal Ethics
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May 22, 2024
Stubhub, Attys Beat Sanctions Bid For Lost Hyperlinked Docs
A California federal magistrate judge on Monday rejected a request for sanctions against StubHub and its counsel over problems finding hyperlinked documents in a case brought by consumers seeking refunds for events that were canceled or rescheduled due to COVID-19, saying the court's order requiring their production was "in most cases impossible to comply with."
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May 22, 2024
Pryor Cashman Atty Accused Of 'Brazen' Hose Patent Fraud
An attorney for Pryor Cashman LLP and his client were accused Wednesday in Florida federal court of engaging in a "brazen" scheme to usurp a hose company's rights to a patent portfolio while also defrauding the U.S. Patent and Trademark Office.
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May 22, 2024
'Appeal To Heaven' Flag Flew At Alito's Vacation Home: Report
Democratic lawmakers on Wednesday called for U.S. Supreme Court Justice Samuel Alito to immediately recuse himself from cases related to the 2020 election and face censure after The New York Times reported that flags tied to Donald Trump supporters had flown outside two homes owned by the justice in 2021 and again last year.
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May 22, 2024
Michael Best Accused Of Malpractice In Startup's Restructure
Michael Best & Friedrich LLP, one of its partners and one of its former attorneys are accused of mishandling a technology startup's reorganization, jeopardizing tax benefits for its founders, according to a legal malpractice lawsuit filed in Illinois state court.
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May 22, 2024
Feds To Extend Plea Offer To Oath Keepers Atty In Jan. 6 Case
Federal prosecutors said Wednesday that they plan to extend a plea offer to an attorney for the far-right Oath Keepers group charged in connection with the Jan. 6, 2021, riot at the U.S. Capitol, but the specifics of the offer could depend on the U.S. Supreme Court's stance on a federal statute often used to prosecute alleged Capitol rioters.
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May 22, 2024
Inventor To Take $102M IP Malpractice Row To Ga. High Court
A neurosurgeon pursuing a nearly $102 million legal malpractice case against FisherBroyles LLP and a legal services contractor over a missed patent filing deadline said Wednesday that he is planning to take the dispute to the highest court in the Peach State.
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May 22, 2024
Mich. Judge Not Satisfied By Atty's Letter Over Flint PR Stunt
The federal judge overseeing Flint, Michigan, water crisis cases isn't satisfied with a California attorney's letter denying involvement in an alleged smear campaign targeting a lawyer for Flint children, saying Wednesday that if the attorney doesn't provide more substantive information, she will be referred to the State Bar of California.
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May 22, 2024
Ex-Mich. Judge Loses Law License Challenge
A former Detroit trial court judge's failure to object to a magistrate judge's recommendation to toss her claims means she cannot continue to pursue a discrimination and defamation complaint against the state's judicial disciplinary board, a federal judge in Michigan ruled Wednesday.
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May 22, 2024
New Bill Calls For High Court To Explain Emergency Rulings
A coalition of Democratic lawmakers introduced a bill Wednesday that would require the U.S. Supreme Court to provide vote tallies and explanations for decisions in most cases on its elusive emergency docket.
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May 22, 2024
Ill. Judge Hands Over Case As Cautious Step Amid DQ Bid
An Illinois federal judge overseeing an Illinois tax attorney's witness tampering case — who previously presided over his fraud trial that ended in a mistrial — recused herself from a retrial "in an abundance of caution," but rejected the attorney's claims that she recommended to the government to add the tampering charge.
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May 22, 2024
NJ Law Firm Sued For Allegedly Botching Med Mal Action
New Jersey law firm Bramnick Rodriguez Grabas Arnold & Mangan LLC has been hit a legal malpractice lawsuit in state court from a former client alleging the firm botched a medical malpractice action by failing to submit an expert report.
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May 22, 2024
Deal Reached In Dispute Over Seward & Kissel Call Logs In NJ
The billionaire founder of hedge fund Two Sigma Investments LP agreed this week to allow records of his communications with Seward & Kissel LLP, with some limitations, to be turned over to his wife, who is suing the firm, alleging that it helped cheat her out of billions in the couple's ongoing divorce.
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May 22, 2024
Fla. Judges Cleared To Speak On Legal Process During Panels
A Florida judge can participate in a local bar association discussion panel that addresses how judges confer with colleagues and consider amicus filings without violating the Florida Code of Judicial Conduct, according to a new advisory opinion by the Florida Judicial Ethics Advisory Committee.
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May 22, 2024
DeSantis Ducks Voters' Suit Over Fla. Prosecutor Suspension
A Florida federal judge on Wednesday tossed voters' attempt to undo Gov. Ron DeSantis' suspension of elected prosecutor Monique Worrell, finding that the voters had not shown they were injured by the suspension.
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May 22, 2024
NJ Atty Faces Fla. Suspension Over Sale Of $1.6M Painting
An attorney suspended for one year in New Jersey last year for smuggling a $1.6 million painting out of his house to avoid an asset sale has agreed to a guilty plea accepting another yearlong suspension in Florida related to the scheme.
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May 22, 2024
Texas Attys Get Green Light To Charge Subscription Fees
An opinion recently issued by the Professional Ethics Committee of the State Bar of Texas gives Lone Star State lawyers the go-ahead to offer subscription-based legal services so long as the arrangement doesn't result in the charging of an "unconscionable fee."
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May 22, 2024
5 'Fat Leonard' Bribery Pleas Axed Over Misconduct
A California federal judge has agreed to toss felony plea deals for five former U.S. Navy officers who admitted they took bribes from the Malaysian defense contractor known as "Fat Leonard," after the government acknowledged prosecutorial missteps had tainted the high-profile case.
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May 22, 2024
LA Investor Sues Greenberg Glusker Over 'Appalling' Filings
A Los Angeles investor has filed a suit against Greenberg Glusker and two of its partners for allegedly bungling his defense in an underlying suit brought by his stepson, accusing the firm of sharing a draft complaint prior to filing and including inaccuracies and unnecessary personal attacks in another filing, while also pressuring him to accept a bad settlement.
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May 22, 2024
Oil Tanker Operators To Pay $2M For Dumping Oil From Ship
The operators of the motor tanker PS Dream pled guilty in Louisiana federal court as part of a $2 million plea deal with the U.S. Department of Justice that includes four years of probation, after a whistleblower shared a video of oil being deliberately pumped overboard in January 2023.
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May 21, 2024
Toll Bros. Lobs Legal Malpractice Claims At Gordon Rees
Luxury home builder Toll Bros. Inc. has filed legal malpractice and breach of contract claims against Gordon Rees Scully Mansukhani LLP, claiming that the California-based firm didn't comply with discovery obligations, among other failures while representing Toll Bros. in a dispute over a project in Washington state.
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May 21, 2024
LoanDepot's $3.5M Deal In IPO Disclosure Suit Gets Final OK
A California federal judge has granted final approval to LoanDepot's $3.5 million settlement in a suit alleging it misled investors leading up to the company's initial public offering, despite a shareholder's objection that the settlement is insufficient.
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May 21, 2024
X Corp., Hate Speech Watchdog Settle Atty Fees Bid
A California federal judge Tuesday signed off on an agreement that X Corp. and the Center for Countering Digital Hate reached to resolve the nonprofit organization's bid for $300,000 in attorney fees following a successful defense against the Elon Musk-led social media platform's claims that the center used improper tactics to write one of its articles.
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May 21, 2024
More Classified Docs Were Found After Mar-A-Lago Raid
Additional classified documents were found at former President Donald Trump's Mar-a-Lago estate, including in Trump's bedroom, after the FBI's August 2022 search of the Florida property, according to a filing unsealed Tuesday in the criminal case accusing him of mishandling classified documents.
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May 21, 2024
High Court Ethics Bill In 'High Consideration,' Schumer Says
Senate Majority Leader Chuck Schumer, D-N.Y., said on Tuesday that a bill to institute an ethics code for the U.S. Supreme Court was in "high consideration" to come before the full Senate for a vote, following the report last week that an upside-down flag, which has become a symbol for former President Donald Trump's claims that the 2020 election was stolen, was flown outside Justice Samuel Alito's house after the attack on the U.S. Capitol a month later.
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May 21, 2024
Ex-LA DA Sues State Farm Over Gun Incident Legal Fees
Former Los Angeles County District Attorney Jackie Lacey sued her insurer in California state court Tuesday, alleging State Farm cost her more than $2.1 million by failing to cover legal fees when she and her late husband were sued because he brandished a gun against protesters at their home.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.