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Legal Ethics
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October 01, 2024
Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws
The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.
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October 01, 2024
Fla. Justices Urged To Nix Ruling Axing Malpractice Award
A former client of The Ferraro Law Firm PA is asking the Florida Supreme Court to consider restoring its $1.5 million legal malpractice arbitration award, arguing the Third District Court of Appeal created a new pleading requirement in arbitrations.
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October 01, 2024
Apple, Amazon Hint Hagens Berman Lacked Client's OK
Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.
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October 01, 2024
Wigdor Sued For Dragging Cuomo Aide Into Harassment Case
Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.
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October 01, 2024
Colo. Murder Case Prosecutors Censured After Botched Probe
Two Colorado attorneys who worked as prosecutors in the failed high-profile prosecution of a man charged with murdering his wife have agreed to public censure as discipline for their roles in the botched proceeding that led to a recent opinion disbarring the elected district attorney who oversaw the case.
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October 01, 2024
NJ Panel Backs Conflicts Waiver, Rejects Online Rebukes
A New Jersey Supreme Court committee overseeing attorney ethics rules has decided against recommending the state bar's request to give lawyers latitude to disregard client confidentiality when responding to posts online accusing them of misconduct, while supporting conflict of interest waivers for the state's attorney general.
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October 01, 2024
Foreclosure Class Wants To Stop Mich. Atty's Victim Outreach
Lawyers behind a proposed tax foreclosure class action in Michigan federal court have said an attorney who recently secured a settlement in a similar case sent a misleading solicitation letter to a client in a bid to undermine the proceedings.
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October 01, 2024
Ga. Atty Disbarred For Taking $850K From Investor Clients
The Georgia Supreme Court disbarred an attorney Tuesday for mishandling about $850,000 of his real estate investor clients' money, concluding that such a severe sanction is "consistent with similar cases in which a lawyer abandons clients, violates the rules related to trust accounts and defaults during the disciplinary process."
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October 01, 2024
When The Client Is The Mayor, The Usual Rules Don't Apply
Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.
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October 01, 2024
Adams Says Feds Sought To 'Tarnish' Him With Leaks
New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.
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October 01, 2024
NYC Bar Urges Congress To Place Ethics Rules On High Court
The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.
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September 30, 2024
Epic Judge Slams Apple's 'Bad Behavior' Managing Discovery
A California federal magistrate judge overseeing discovery in Epic Games' antitrust compliance fight with Apple has refused to grant Apple's request to extend a compliance deadline to produce documents, slamming the tech giant for its "bad behavior" and eleventh-hour extension request and noting Apple has extensive resources to meet Monday's deadline.
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September 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
The year's spookiest month is looking scary-good for appellate aficionados, as famed oral advocates joust in October over net neutrality and Uber's extraordinary bid to unravel multidistrict litigation — just two of the high-profile arguments previewed in this edition of Wheeling & Appealing. October also begins with former President Jimmy Carter turning 100, and we'll test your knowledge of his profound impact on the judiciary.
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September 30, 2024
US Trustee Says Reed Smith Didn't Disclose Eletson Ties
The U.S. Trustee's Office is asking a New York bankruptcy judge to claw back the fees and expenses law firm Reed Smith LLP has earned representing shipping firm Eletson Holdings in its Chapter 11 case, saying it failed to disclose ties with Eletson directors.
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September 30, 2024
'Really Poor Lawyering': Benchslap, No Mistrial In YSL Case
The lead prosecutor in the trial of Atlanta rapper Young Thug received an unrelenting dressing-down Monday from the case's latest presiding judge, who slammed the state's "really poor lawyering" that she said she could attribute only to incompetence or deliberate misconduct.
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September 30, 2024
Philly Atty Suspended For Claiming To Rep Slain Boy's Father
A Philadelphia attorney has agreed to a year-and-a-half suspension of his law license for falsely claiming to represent the father of a boy who was killed by city police and trying to get him declared incompetent, acknowledging that his actions broke Pennsylvania's attorney conduct rules, according to state ethics board filing.
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September 30, 2024
BakerHostetler Says Ethics Suit Must Stay In Ga. Fed. Court
BakerHostetler has asked a Georgia federal court not to remand a suit alleging the firm botched a patent application for a smart wardrobe system to state court, arguing that its former client's claims that the firm violated professional rules under U.S. patent law belong in federal court.
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September 30, 2024
Leon Black Can't Duck Sex Assault Suit Or Sanction Wigdor
Ex-Apollo Global Management CEO Leon Black cannot dodge a lawsuit accusing him of raping an autistic teenager in 2002, as New York City's extension of the time limit to file the suit is not preempted by state law, a New York federal judge has ruled.
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September 30, 2024
Atty Accused Of Trying To Win Back Client With Loan
The Law Offices of Michael S. Lamonsoff PLLC, a New York personal injury firm, has accused competitor Harmon Linder & Rogowsky of offering a former client a loan after learning they were being booted as counsel.
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September 30, 2024
DC Ethics Hearing Starts For 3 Attys Over 2020 Election Suits
Three attorneys "essentially weaponized their law licenses" to subvert the will of voters and undermine public confidence in elections when they worked on lawsuits challenging the results of the 2020 presidential contest, a lawyer with the D.C. Office of Disciplinary Counsel told an ethics committee in the nation's capital on Monday.
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September 30, 2024
Del. Justices Asked To Revive Malpractice Suit Against Firms
Parents who hired Baird Mandalas Brockstedt & Federico LLC and Schochor Staton Goldberg and Cardea PA to pursue claims that contamination from a Mountaire Corp. chicken plant caused "catastrophic injuries" to their child are urging Delaware's Supreme Court to revive their malpractice suit against the firms, saying they didn't "have an adequate opportunity to litigate."
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September 30, 2024
'Rust' Armorer's Conviction Stands Despite Evidence Scandal
A New Mexico judge on Monday refused to throw out "Rust" armorer Hannah Gutierrez-Reed's involuntary manslaughter conviction or order a new trial based on allegations of prosecutorial misconduct that tanked the state's high-profile case against actor-producer Alec Baldwin.
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September 27, 2024
Fla. Timeshare Biz Wins $1.3M Fee Award In False Ad Suit
A Florida federal judge has awarded more than $1.3 million in attorney fees to a timeshare company that prevailed in a lawsuit against a Wyoming company over a false advertising scheme encouraging customers to stop paying for their properties, after agreeing the marketers pursued an "exceptionally weak case" that would not succeed.
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September 27, 2024
Giuliani Keeps Condo If He's In Fla. 'State Of Mind,' Judge Told
Rudy Giuliani's lawyer told a New York federal judge Friday that whether the ex-New York City mayor's Florida condo can be taken to help satisfy a $148 million defamation trial bill hinges not on whether he spends any time in Florida but on his residency "state of mind."
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September 27, 2024
Ex-Conn. Police Chief Drops Atty Fee Ask After Lawsuit Win
The former police chief in Newington, Connecticut, dropped his demand for attorney fees after defamation claims against him were dropped and a state court judge ordered that, in order to collect, his lawyer may have to testify at an upcoming hearing.
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.