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Legal Ethics
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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.
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January 02, 2025
Netflix Says 'Uncopyrightable Facts' Sink Boy Scout Doc Suit
Netflix has asked a New Jersey federal court to toss a trial lawyer's copyright infringement claims over their competing documentaries on sexual abuse within the Boy Scouts of America, arguing that any claimed similarities "are based on uncopyrightable facts that are free for all creators to use."
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January 01, 2025
Legal Ethics Matters To Watch In 2025
After an eventful 2024, industry experts are looking ahead to what might be the big topics in legal ethics in the new year, including the ethics implications of artificial intelligence and ethics opinions that may be relevant to attorneys in the incoming second Trump administration.
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January 01, 2025
Georgia Cases To Watch In 2025
The fate of a prosecution of President-elect Donald Trump, Ford's ongoing fight over claims it hid the rollover dangers of its Super Duty trucks, and a feeding frenzy of class actions after a major metro Atlanta industrial fire are among the cases that will take center stage in Georgia's courts this year.
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January 01, 2025
The Hottest Topics Appellate Attys Are Tracking In 2025
Appellate lawyers in 2025 should probably stock up on coffee and expect some all-nighters — numerous high-profile appeals, a new presidential administration and a new framework for legal challenges to regulations suggest it'll be an uncommonly tumultuous trip around the sun.
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January 01, 2025
Top Personal Injury, Med Mal Rulings Of 2024
A federal appellate panel's ruling in a "blackout challenge" death suit against TikTok's owner and a U.S. Supreme Court decision over whether bump stocks can be considered machine guns under a federal agency's rule were among Law360's top personal injury and medical malpractice rulings in 2024.
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January 01, 2025
Trials To Watch In 2025
The coming year will bring the first bellwether trials in the closely watched federal baby formula mass litigation, the first courtroom battle over a COVID-19 vaccine patent and six major retailers' case against Visa and Mastercard over card swipe fees.
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January 01, 2025
NJ Cases To Watch In 2025: Power Broker, Pollution Cleanup
This year, litigators in New Jersey and beyond will be watching the state's prosecution of power broker George Norcross and his close associates for the alleged wide-ranging RICO conspiracy to obtain Camden waterfront properties and the millions of tax credits that come with the lots.
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January 01, 2025
6 Pivotal Texas Bills To Watch In 2025
Texas lawmakers have filed a litany of bills to debate in the New Year that would expand access to the state bar, emulate the end of the Chevron doctrine for state agencies and add new layers to the judicial complaint process. Here are six key proposals in the state legislature that attorneys should watch closely.
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January 01, 2025
Pa. Cases To Watch In 2025: Climate Change And Skill Games
President-elect Donald Trump's impending return to the White House casts a new light on certain pending cases in Pennsylvania courts with federal implications, such as a suburban Philadelphia county's climate change claims against oil companies that contend the suits are preempted and the U.S. Department of Justice's entrance into monopoly allegations against University of Pittsburgh Medical Center.
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January 01, 2025
Connecticut Cases To Watch In 2025: Ethics, Mergers & Actors
A suit over McCarter & English LLP's municipal loan advice and a Yale-owned heath network's legal battle over a beleaguered acquisition deal are just two multimillion-dollar cases that will keep Connecticut courts busy next year.
Expert Analysis
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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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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 37 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.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.