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Courts
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2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill
The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.
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Feds Defend Cases Against James Comey, Letitia James
The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.
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The Lone Ranger Facing A BigLaw Powerhouse At High Court
It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.
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'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term
The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.
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Justices Tackle Scope Of Military Contractor Liability
The U.S. Supreme Court appeared hesitant on Monday to completely shelter U.S. military contractors engaged in combatant activities from liability for state-based injury claims, as the justices questioned whether doing so could hurt troops.
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Judge Reminds Gov't To Follow Media Rules In James Case
A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.
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10th Circ. Affirms Atty Fees Award In Habeas Actions
The Tenth Circuit on Monday held that the Equal Access to Justice Act authorizes fee awards in habeas actions challenging immigration detention, affirming a Colorado federal court's ruling that a Guatemalan national can receive attorney fees after successfully petitioning for habeas relief from her immigration detention.
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Court Orders Cannon To Act On Bid To Unseal Trump Report
The Eleventh Circuit has given U.S. District Judge Aileen Cannon 60 days to rule on media groups' requests to unseal the final report from special counsel Jack Smith's investigation into President Donald Trump's handling of classified documents, ruling Monday that the organizations had established "undue delay" in resolving their motions.
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Mich. Justices To Review If Indigent Defendant Must Pay Atty
Michigan's highest court has said it will review a judge's decision to order a homeless man convicted of assault to pay his court-appointed counsel.
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DC Public Defender Funding To Halt Because Of Shutdown
Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.
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Black Man Granted New Trial In Mass. Over Lawyer's Bias
A Black man who pled guilty to firearms offenses in 2018 after consulting with his lawyer — who was found to have made racist social media posts — is entitled to a new trial, Massachusetts' intermediate-level appeals court said Monday, unanimously reversing a lower court's decision.
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New Loan Forgiveness Rule Targets Trump Critics, States Say
Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.
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Holtzman Vogel Grows In Miami With Former Fed. Prosecutor
Holtzman Vogel Baran Torchinsky & Josefiak PLLC announced Monday that it has tapped a former assistant U.S. attorney for the Southern District of Florida to serve as a partner in its Miami office.
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Ex-Paxton Attys Defend Conspiracy Suit Tied To Impeachment
Three of Texas Attorney General Ken Paxton's top deputies are not immune from allegations that they conspired to retaliate against former colleagues who raised allegations of witness tampering and other ethical misdeeds during Paxton's impeachment, those former colleagues have told a Texas federal court.
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Hartmann Doherty Adds Veteran Federal Prosecutor In NJ
Hartmann Doherty Rosa Berman & Bulbulia LLP expanded its white collar practice on Monday by adding a partner bringing nearly 30 years of experience as both a federal and state prosecutor in New Jersey.
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DeSantis Appoints Broward Judge To Fla. State Appeals Court
A judge for the Seventeenth Judicial Circuit of Florida has been appointed to the state's Fourth District Court of Appeal.
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Expert Sues DC Atty For Allegedly Pirating $30K J6 Report
A Texas-based expert report author has accused a Washington, D.C., attorney and her firm of unlawfully copying and distributing a copyrighted report regarding jury pool attitudes toward cases related to the Jan. 6, 2021, storming of the U.S. Capitol in at least three separate criminal cases, unlawfully bypassing a $30,000 licensing fee.
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Justices Skeptical Of Tolling Supervised-Release Absconders
The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.
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Insurer Not Liable For Crypto Settlement Row, Judge Says
An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding that a contractual liability exclusion in the attorney's policy applies.
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Up Next At High Court: Tariffs, Fugitives & Contractor Liability
The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.
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Judges See An Immigration Court Gutted From Inside
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
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Contractor Sues Over Delays To 4th Circ. Courthouse Project
A Virginia-based contractor is suing the General Services Administration, claiming that the agency hasn't paid for more than $500,000 of construction work on the Fourth Circuit's Lewis F. Powell Jr. U.S. Courthouse in Richmond.
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3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
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Ga. Capitol Pros Open Lobbying Firm To Be 'Problem Solvers'
If litigators and corporate lawyers represent two parts of the "three-legged stool" of legal services, the leaders of the new Atlanta government relations firm Gold Dome Partners see themselves as the third leg by helping clients change laws or regulations.
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Ill. Judge Prefers 'Clean' Dismissal Against Ex-Girardi Attys
An Illinois federal judge told Edelson PC on Friday to either dismiss its conversion case against two former Girardi Keese attorneys in a "clean" and "unadulterated" stipulation or submit legal authority supporting its desire to condition the dismissal on him adopting side agreements the parties outlined in their filing.
Expert Analysis
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How 1Ls Can Plan For Sped-Up Summer Associate Hiring
The ever-earlier recruiting of summer associates sets high stakes before new law students may even realize, but 1Ls can better land a good 2L summer fit if they hit their first semester focused on the hiring timeline and ready to ask important questions about their would-be firms, says Kate Reder Sheikh at Major Lindsey.
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How GCs Can Help Build A Geopolitical Command Center
In the face of sustained regulatory and economic uncertainty, general counsel can help businesses move from reactive to proactive management by building a clear, cross-functional geopolitical command center that monitors and coordinates responses to a wide spectrum of issues, says Lars Faeste at FTI Consulting.
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For Some Lawyers, Building A New Practice Makes Perfect
Leaving an established law firm to start a boutique business of your own requires not only vision and resilience but also a solid business plan to help mitigate risks and increase your chances of unparalleled personal and professional success, says Rebecca Palmer at the Rebecca L. Palmer Law Group.
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10 Key Strategies For Successful Lateral Partner Integration
To help ensure new partners and practice groups are successfully integrated, firms should embrace specific structured practices that recognize each lateral's distinct value, personalize their integration plans and proactively address transition complexities long after onboarding ends, say Elizabeth Kennedy at NewEdge BD and Erika Steinberg at CMO2Go.
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Key Ingredients For Effective Law Firm Strategic Planning
As the legal industry faces political turmoil and economic uncertainty, the time is ripe for firms to revisit their strategic plans, ensuring they contain a few essential elements — from accountability systems to broad-based input — to achieve sustainable growth and profitability, says Joe Calve at Calve Communications.
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AI-Powered Biz Development Can Democratize Rainmaking
As fluency in artificial intelligence becomes a competitive imperative in the legal industry, the next generation of rainmakers likely won’t be defined by their Rolodexes or club memberships, but by their ability to leverage AI business development tools effectively, says Jessica Aries at By Aries.
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How Law Students Can Effectively Use AI In Their Job Search
Law students can use artificial intelligence tools strategically throughout the job application process to review materials, prepare for interviews and navigate employers’ use of similar tools, but there are several key missteps they should be careful to avoid, says Lauren Wong at University of San Diego School of Law.
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An After-Placement Plan Maximizes Legal Content's Potential
Before landing a published quote, feature or interview, law firms should articulate the content’s purpose and develop a strategic plan for repurposing it to ensure they’re aligning public relations efforts with measurable business outcomes, says John Hellerman at Hellerman Communications.
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Ask A Mentor: How Should I Coordinate Pro Bono Projects?
Julie LaEace at Perkins Coie offers tips for attorneys acting as pro bono coordinators, including how to choose appropriate projects, how to encourage participation and why it is important to keep in touch with legal aid partner organizations.
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6 Strategies For Navigating Legal Leadership Transitions
Amid uncertainty in the legal job market, attorneys who are considering a transition to a leadership role must fundamentally reimagine their approach to value creation and develop a new set of skills, say Stacy Bratcher at Cottage Health and Michael Watkins at Genesis Advisers.
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The Augmented Lawyer: Crafting Responsible AI Policies
As the legal industry increasingly looks to impose responsive guardrails for artificial intelligence use, firms and organizations’ internal use policies, outside counsel guidelines and vendor contracts can address confidentiality and data retention concerns in several ways, say attorneys at KXT Law.
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6 Ways To Build Pro Bono Culture If You Lack Dedicated Staff
Firms can develop a strong pro bono culture without hiring dedicated professionals through strategies like demonstrating active involvement by leadership, tailoring volunteer tasks to individual professional development needs and building trusted partnerships within the legal aid community, says Stacy Zinken at Paladin.
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Series
Biz Development Tip Of The Month: Extend Your Content's Life.jpg)
Attorneys often limit the impact of their thought leadership by letting their content languish after initial publication, but through four easy strategies for retooling existing content, they can maximize its reach and further their business development goals, says Jillian McKenna at Verrill Dana.
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Why Law Firm Leaders Should Care About Student Debt Crisis
As the student debt crisis evolves under changing federal policies, firms that proactively address the burden will have significant advantages in recruiting and retaining the best young lawyers, says Brian Kabateck at Kabateck.
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Series
Talking Mental Health: Encouraging New Attys To Find Joy
Rudene Haynes at Hunton discusses her experiences as a hiring partner, common sources of stress that newer attorneys face and steps that law firms can take to protect their attorneys' mental health and encourage personal life fulfillment.