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Legal Ethics
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September 23, 2024
Smartmatic Can't Seek Punitive Damages In Newsmax Suit
A Delaware Superior Court judge on Monday ruled that Smartmatic USA Corp. can't seek punitive damages in the defamation trial over unsubstantiated claims from Newsmax Media Inc. that the company's voting systems rigged the 2020 election, saying Smartmatic couldn't meet its burden to prove express malice.
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September 23, 2024
Med Mal Case Is Settled After Scuttled $111M Verdict in Minn.
On the eve of a second trial, a Minnesota-based orthopedic center has settled a suit that previously ended in a $111 million verdict that was later vacated for being excessive, with federal court records indicating a deal has been reached in principle.
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September 23, 2024
Gordon Rees Gets Insurer's Wash. Malpractice Suit Trimmed
A Washington judge issued a mixed order in a lawsuit brought by the insurer for a climbing equipment manufacturer over allegations that misconduct by a Gordon Rees Scully Mansukhani LLP attorney — coupled with another insurer's decision to yank coverage — forced the manufacturer into a settlement over a climber's fall.
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September 23, 2024
Nonprofit, Union Say Janus Doesn't Apply To NYC Dues Fight
Two New York City public defenders cannot leverage the U.S. Supreme Court's Janus ruling to stop paying their union because the ruling only applies to public employees and they're technically employed by a nonprofit, argued their employer, union and the city in a motion to dismiss their lawsuit.
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September 23, 2024
Penn Law Professor Sanctioned For Discriminatory Remarks
A professor at the University of Pennsylvania Carey Law School will be sanctioned for making "sweeping and derogatory generalizations about groups by race, ethnicity, gender, sexual orientation, and immigration status," according to university documents made available Monday.
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September 23, 2024
What A Harris Administration Would Mean For The Courts
Vice President Kamala Harris, the Democratic presidential nominee, is familiar with the courtroom.
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September 23, 2024
Judge Recuses Self After Opening Jackson Walker Ethics Probe
U.S. Bankruptcy Judge Marvin Isgur has asked a Texas federal court to investigate potential sanctions against Jackson Walker LLP for its failure to disclose a relationship between a firm partner and a federal judge, also telling the court he would recuse himself from any proceedings involving the ethics breach.
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September 23, 2024
NC Man Gets 100 Mos. For Fleecing Attys In 'Collection' Scam
A North Carolina man has been sentenced to more than eight years in federal prison after a Pennsylvania jury found him guilty on charges of mail, bank and wire fraud stemming from an international scheme to bilk attorneys out of millions of dollars.
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September 23, 2024
Feds Ask To File Up To 180-Page Brief On Trump Immunity
Federal prosecutors are seeking permission from a D.C. federal judge to file a lengthy brief making the case that Donald Trump is not immune from charges of election interference, telling the court that the "substantially drafted" motion won't be longer than 180 pages.
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September 23, 2024
J&J Accuses Beasley Allen Of Casting Bogus Talc Ballots
Johnson & Johnson has accused the Beasley Allen Law Firm of casting about two dozen false ballots against the company's latest talc bankruptcy plan without voters' consent and urged a New Jersey federal court to remove the firm from the plaintiff's steering committee as a consequence.
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September 23, 2024
Law Firm Accused Of 'Gamesmanship' In NJ Malpractice Suit
A pair of siblings suing Chaitman LLP for malpractice in New Jersey told the state court that the firm is delaying the litigation with a discovery motion about the order in which depositions should be taken that "should never have been filed to begin with."
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September 23, 2024
Conn. Judge Rips 'Odd Lawyering' In Referral Fee Feud
A Connecticut Superior Court judge on Monday slammed what he called "odd lawyering" at the summary judgment stage of an attorney fee feud in an underlying personal injury case, asking why affidavits failed to clarify the facts in dispute as the case heads toward trial.
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September 23, 2024
Ex-Conn. Police Chief Demands Atty Fees After Winning Suit
The former chief of police in Newington, Connecticut, is demanding attorney fees after a state court judge dismissed him from a defamation lawsuit brought by the onetime town attorney and other ex-officials, which arose from ethics complaints that the plaintiffs say were full of lies.
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September 23, 2024
Legal Malpractice Suit Over Med Mal Case In Ga. Revived
A Georgia state appellate court on Monday revived a legal malpractice lawsuit over a former attorney's handling of a medical malpractice case, saying a trial court improperly granted a dismissal motion after disqualifying the lawyer who filed it.
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September 23, 2024
Fabiani Cohen Says Equity Partner Can't File Employee Claim
Fabiani Cohen & Hall LLP told a New York federal judge on Friday that its equity partner's employment suit is motivated by her desire to increase her profit share of the firm, arguing that her status as an equity owner means she can't be considered an employee for the purposes of her claims.
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September 23, 2024
FEMA Looks To Escape Atty's Bias And Retaliation Suit
The U.S. government has asked a federal judge to toss a suit alleging two agencies pushed out an Asian American attorney following her complaints that a male colleague harassed her, arguing she failed to state a claim in her "behemoth," 190-page complaint.
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September 20, 2024
Litigation Funding Firm Likely Out Of Hurricane Ad Class Action
A Texas federal judge said Thursday that a funding company that lent $20 million to a law firm accused in a proposed class action of conspiring to deceptively solicit hurricane victims should be dropped as a defendant.
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September 20, 2024
NY Judge Resigns Amid Ethics Charges of Corruption, Abuse
A New York state judge in Westchester County has agreed to resign from the bench after the New York Commission on Judicial Conduct charged him last month with multiple counts of judicial misconduct, including dismissing traffic tickets for friends, sexually harassing a newly appointed judge, and berating court staffers and attorneys.
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September 20, 2024
Eviction Law Firm Says Tenant's Fee Class Action Untimely
An eviction law firm pushed a Colorado federal court to toss a proposed class action filed by tenants who claim the firm illegally charged them attorney fees before their eviction proceedings were resolved.
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September 20, 2024
Veteran High Court Litigator Warns Of Ethics Debate's Impact
Accusations that U.S. Supreme Court justices are corrupt or nothing more than politicians in robes are unwarranted, tremendously dangerous and threaten to irreparably harm the institution's legitimacy, veteran high court litigator Kannon Shanmugam warns.
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September 20, 2024
Plaintiffs Firms Battle Over Proposed $9B Deal In J&J Talc Suit
Two leading plaintiffs law firms in the multibillion-dollar litigation over Johnson & Johnson's tainted talcum powder are now warring among themselves, with Smith Law Firm PLLC suing Beasley Allen Law Firm for defamation after Beasley Allen accused the former of selling out clients to pay off litigation funders.
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September 20, 2024
Ex-Healthcare Exec Can't Sue GC Over Probe Advice
A former Baxter International treasurer who was fired amid an investigation into improper foreign exchange transactions was correctly blocked from pursuing claims against the healthcare company and its general counsel over advice he received on navigating the probe, an Illinois appellate panel said Friday.
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September 20, 2024
Insurer Off Hook For Late-Reported Malpractice Claim
An insurance carrier had no obligation to defend or indemnify a Massachusetts attorney who failed to report a malpractice lawsuit for more than a year, the First Circuit said, affirming a lower court's decision to vacate a $1.1 million jury verdict against the insurer.
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September 20, 2024
Jenner & Block Seeks Exit From Plane Crash Fees Suit
Jenner & Block LLP wants out of a lawsuit brought by Kenyan law firm Arwa & Change Advocates LLP related to a 2019 Boeing aircraft crash that killed all passengers on board, arguing that it can't be sued for providing legal advice to a client.
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September 20, 2024
What A Second Trump Term Could Mean For The Courts
During his speech in Milwaukee in July accepting the Republican nomination for president, former President Donald Trump called Judge Aileen Cannon of the Southern District of Florida a "highly respected federal judge" and touted her ruling a few days earlier throwing out the "fake" case against him involving his alleged mishandling of classified documents.
Expert Analysis
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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.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.