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Legal Ethics
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January 03, 2025
Insurer Accuses Hinshaw Of Negligence Over $11M Trial Loss
Texas Insurance Co. has sued the law firm Hinshaw & Culbertson LLP and a partner in California state court, alleging they failed to advise the insurer that it could be liable for the bulk of an $11.15 million verdict in an underlying personal injury case.
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January 03, 2025
Venable Faces DQ Bid In AmeriMark Shareholder Dispute
Attorneys from Venable LLP and Parsons Behle & Latimer PC have been hit with a disqualification bid in Utah federal court in a shareholder dispute involving AmeriMark Group AG, with the defendants arguing the lawyers are representing both the suing shareholder and the AmeriMark subsidiary at the heart of the dispute, causing a conflict of interest.
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January 03, 2025
Suits Allege California Law Firm Committed Debt Relief Fraud
Two people filed lawsuits this week against a California law firm, alleging that it had promised to fix their debt problems but instead took hundreds of dollars from their bank accounts each month and did nothing to help.
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January 03, 2025
Giuliani Says Memory Faulty In Meandering NY Contempt Row
A Manhattan federal judge mulled a bid to hold Rudy Giuliani in contempt of a $148 million defamation judgment Friday, during a day of sparring in which the former New York City mayor repeatedly told counsel for two defamed Georgia poll workers that he doesn't remember case details.
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January 03, 2025
Battling Berts: Judge Enjoins Ga. Law Firm In Trademark Row
A Georgia federal judge Friday temporarily barred an Atlanta-based law firm from advertising and promoting its personal injury legal services through messaging like "If You're Hurt ... Call Bert!" and "If You're Hurt, Call Bert," ruling that it is too similar to another personal injury firm's trademarked slogan.
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January 03, 2025
Ex-Mich. Public Defender Fined For Revealing Client's 'Secret'
The retired director of the public defender's office in Muskegon, Michigan, has been handed a 75-day suspension and ordered to pay more than $3,000 in fees after disciplinary authorities found he shared a client's "confidence or secret" and failed to enact and enforce policies to avoid conflicts of interest in the office.
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January 03, 2025
NY Judge To Sentence Trump Jan. 10 But Says Prison Unlikely
A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.
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January 03, 2025
Disbarred Fla. Atty Can't Shake $780K Verdict For Firms
A Florida state appeals court has refused to disturb a jury verdict in favor of several law firms going after a disbarred attorney who improperly received a $780,000 payment when he owed those firms millions in connection with professional misconduct.
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January 03, 2025
Mich. Law Firm Urges Dismissal Of Insurer's Defamation Suit
A Michigan personal injury attorney and his firm are urging a federal judge to toss a defamation lawsuit accusing them of launching a smear campaign against an auto insurance company, arguing opinion pieces they published on the firm's blog are protected by the First Amendment.
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January 03, 2025
Atty Wants Free Speech Suit Over Tenn. Court Rule Kept Alive
A free speech challenge to a Middle District of Tennessee rule barring attorneys from making "any extrajudicial statements" about cases in the district should be allowed to move forward since the court is not entitled to sovereign immunity, according to the Nashville civil rights lawyer behind the suit.
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January 03, 2025
Ala. Judge Won't Recuse In Talc Fight Due To Law Firm Work
An Alabama federal judge will not recuse himself from a fight between two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder, saying Friday that his previous representation of Beasley Allen Law Firm won't bias him against Smith Law Firm PLLC.
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January 03, 2025
Ex-GMU Prof.'s Accusers Say He Can't Prove $108M Damages
Former FTC Commissioner Joshua Wright allegedly failed to provide information to back his $108 million defamation damages claim and then walked out of a deposition, according to a Virginia court filing by two former students whom Wright sued over their statements to Law360.
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January 03, 2025
Prison Delay Denied For Broker In $22M Tax Scheme
An insurance broker sentenced to five years in prison for participating in a $22 million tax scheme must begin serving his term after a North Carolina federal judge on Friday denied him a delay to help his new counsel prepare his appeal.
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January 02, 2025
Murdaugh Hit With $15M Tab In Insurance Case Set For Trial
A South Carolina federal judge hit ex-lawyer and convicted murderer Alex Murdaugh with a $14.8 million default judgment Thursday in favor of Nautilus Insurance Co., days before the insurer is set for trial against another lawyer and law firm who allegedly should have known about Murdaugh's insurance fraud.
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January 02, 2025
Judicial Conference Closes Thomas Gift Probe With No Action
The Judicial Conference of the United States will not refer ethics complaints accusing U.S. Supreme Court Justice Clarence Thomas of unlawfully failing to disclose decades of luxury gifts and travel to the U.S. Department of Justice for further investigation, according to letters released Thursday.
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January 02, 2025
Calif. Federal Judge Escapes House Party Brawl Suit, For Now
A California federal judge has been dropped, for now, from litigation over an alleged assault during a party supposedly hosted at the jurist's Pasadena home with underage drinking and insufficient supervision.
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January 02, 2025
Fox Rothschild Atty Beats Trade Secret Theft Allegations
A federal judge in New Jersey says a company trying to develop cancer drugs had waited too long to sue its former patent lawyer after he allegedly "confessed" over five years ago to helping a Chinese rival file a patent application that allegedly misappropriated trade secrets.
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January 02, 2025
Ill. Atty Can't Avoid Prison Pending Bribery Appeal
An Illinois attorney set to serve time for bribing former Chicago alderman Edward Burke must still report to prison while he asks the Seventh Circuit to review his conviction and 32-month sentence, a federal judge said.
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January 02, 2025
Mich. Justices OK Atty Fees As Legal Malpractice Damages
The Michigan Supreme Court has held that clients can recover legal fees incurred as a result of an attorney's malpractice, finding that such fees are not barred by the American rule, under which parties to litigation must generally bear their own legal costs.
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January 02, 2025
Texas High Court Tosses Ethics Case Against Paxton Deputy
A split Texas Supreme Court this week ended an ethics case against state Attorney General Ken Paxton's first assistant over a lawsuit challenging the 2020 election results in other states, finding that such discipline would violate the Lone Star State's separation of powers doctrine.
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January 02, 2025
Ex-Defender Asks 4th Circ. To Force Back Harvard Profs, Attys
A former assistant public defender in North Carolina who lost her case accusing the judiciary of violating her equal protection and due process rights has doubled down on an attempt to reinstate her legal team of Harvard Law School professors and litigators who abruptly abandoned the case just before trial.
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January 02, 2025
Beasley Allen Aims To Toss Suit From Ex-Ally Firm
Beasley Allen has called on a Mississippi federal court to dismiss or transfer a defamation and breach of contract lawsuit from The Smith Law Firm PLLC over their joint venture agreement for talc litigation against Johnson & Johnson, arguing the case should be tossed in favor of its own suit filed earlier in Alabama.
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January 02, 2025
Fla. Ethics Case Over Ex-Judge's 'Intemperate' Conduct Nixed
An ethics complaint against a former Sunshine State jurist accused of acting "intemperately" has been dismissed because the judge left office Tuesday and has agreed not to serve as a judge again, according to a Thursday notice from a judicial ethics panel.
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January 02, 2025
Mass. Atty Accused Of Botching Bias Case, Misleading Client
A Massachusetts woman says a prominent Boston attorney mishandled her age and gender bias complaint, then misled her about the viability of the case for several years while convincing her to let him rent a home she owned at a discount in lieu of additional litigation costs.
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January 02, 2025
Perkins Coie Fights DQ Bid In Facial Recognition IP Suit
Perkins Coie LLP wants to continue defending Jumio Corp. in a patent infringement lawsuit involving facial recognition technology, calling plaintiff FaceTec Inc.'s bid to disqualify the law firm over its previous work for FaceTec a "tactical" ploy.
Expert Analysis
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.