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Courts
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Fla. Agency's Election Fraud Power Needs Review, Court Told
A man accused of election fraud is asking the Florida Supreme Court to consider whether the Florida Office of Statewide Prosecution has the authority to pursue the claims against him.
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Georgia Atty Disbarred After Theft Conviction
A Waco, Georgia, attorney was disbarred Tuesday after he was convicted of "theft by conversion" for taking advantage of an elderly client.
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On Election Eve, Trump Fights Reviving Nixed Charges In Ga.
With voters set to decide on his bid to return to the White House, former President Donald Trump has urged a Georgia state appeals court to reject an attempt by the Fulton County District Attorney's Office to reinstate six criminal charges against him and five of his co-defendants in an election interference case.
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Fla. Judge Blames Lack Of Training In Fighting Ethics Charges
A Florida state judge facing ethics charges on allegations she improperly held people in contempt, acted unprofessionally and handcuffed a victim admitted Monday to making mistakes, but attributed many of those mistakes to a lack of training and experience.
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NC Justices' Ruling Invites Judicial Bias, Former Clerk Argues
A former county clerk of courts is trying to undo a recent North Carolina Supreme Court decision that she argues means that only one judge per county has authority to preside over court clerk removal petitions and that specified judges can't recuse themselves when there is a conflict.
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Justices Probe HHS 'Dish' Payment Impact On Rural Hospitals
The U.S. Supreme Court on Tuesday grappled with whether a change to a formula used to calculate billions of dollars in payments every year to hospitals treating a large share of low-income patients would lead to shutdowns of rural and "safety net" hospitals.
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NJ Justice Vexed By Judge's Stance On Thigh Touch Claim
New Jersey Chief Justice Stuart Rabner grilled a municipal judge Monday about apparently contradictory positions he took in response to accusations that he inappropriately touched the thigh of a law clerk during an alcohol-fueled day at his home — an action the jurist characterized as a "pat" despite previously appearing to agree that it was a "rub."
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Justices Remand Atty Privilege Case After Judge Admits Gaffe
The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.
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Atty Moves To Oust DA Who Cleared Cops In Brother's Death
A Littler Mendelson PC shareholder's effort to remove the Massachusetts district attorney who absolved officers in the 2021 fatal shooting of his brother left justices on the state's highest court grappling with the reach of a seldom-used state statute allowing them to oust government officials for "the public good."
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Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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Georgia Bar Forms 23-Person AI Special Committee
The State Bar of Georgia has announced the formation of a special committee that will explore and make recommendations on how the state's professional conduct rules cover developments in legal technology, particularly tools involving artificial intelligence.
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Justices To Review 30-Day Appeal Window In Removal Case
The U.S. Supreme Court on Monday accepted a case that could resolve a circuit split on whether noncitizens with final removal orders must appeal to courts within 30 days of the order, or 30 days after administrative appeals conclude.
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Justices Will Review Use Of Race In La.'s Election Map
The U.S. Supreme Court agreed Monday to hear arguments over the constitutionality of Louisiana's new congressional map containing two majority-Black voting districts, in a dispute that asks the justices to harmonize the Voting Rights Act's objectives with the language of the 14th Amendment's equal protection clause.
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Meet The Attys Arguing Meta's High Court Disclosure Suit
Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.
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Chicago Judge Erred After Illness Sidelined Atty, Court Says
An Illinois appeals court has scrapped a $480,000 judgment against a now-shuttered Chicago restaurant for unpaid rent following the COVID-19 pandemic, finding that a county judge erred by refusing to delay the trial even though the restaurant's counsel had a medical emergency, which left the restaurant without legal representation.
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Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.
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High Court Leaves Pa. Fix For Nixed Mail Ballots In Place
The U.S. Supreme Court left in place Friday a ruling from the Pennsylvania Supreme Court allowing voters in the battleground state whose mail-in ballots are rejected as defective to submit provisional ballots on Election Day as replacements.
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Judge Skeptical Of NYC Mayor's Bid To Dismiss Bribery Count
A Manhattan federal judge on Friday voiced skepticism of New York City Mayor Eric Adams' motion to dismiss his bribery charge, and set an April trial date in a case accusing the mayor of taking travel perks from Turkish officials in exchange for official favors.
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What Happens To Ga. Election Case If Trump Wins?
The fate of the Georgia election interference case against former President Donald Trump is on the ballot this November, according to legal experts, who told Law360 that a Trump victory would likely mean any trial would have to wait until he completes his term in office.
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Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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Up Next At High Court: Fed Funds And Securities Risks
The U.S. Supreme Court will return to the bench Monday for its November arguments session, which will start off with a debate over whether the Federal Communications Commission telecom subsidy program involves federal funds subject to the False Claims Act, and on Tuesday how Medicare funding should be calculated for hospitals that serve large numbers of low-income patients.
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How 2024 Election Litigation May Look Different From 2020
Courts are fielding a flood of lawsuits over the 2024 presidential election, with more certainly to come, but those suits may have some significant differences from the ones that played out in 2020, according to experts.
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3 Things To Know About The NC Supreme Court Race
Democrats in North Carolina are hoping to preserve their shrinking presence on the North Carolina Supreme Court as Republicans look to flip another seat in the state's only high court race on Nov. 5.
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Meet The Florida Justices Up For Retention Votes
Justices Renatha Francis and Meredith Sasso — the newest members of the Florida Supreme Court — will be on Tuesday's ballot in retention elections, giving Sunshine State voters a chance to decide whether to keep them on the bench for full six-year terms.
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Jackson Walker Rips Trustee's Judge Romance Fee Clawback
The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.
Expert Analysis
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For The Future Of Legal Practice, Let's Learn From The Past
At some level, every practicing lawyer is experiencing the ever-increasing speed of change — and while some practice management processes have gotten more efficient, other things about the legal profession were better before supposed improvements were made, says Jay Silberblatt, president of the Pennsylvania Bar Association.
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Why All Law Firms Should Foster Psychological Capital
Law firms will be able to reap great long-term benefits if they adopt strategies to nurture four critical components of their employees' psychological wellness and performance — hope, efficacy, resilience and optimism, says Dennis Stolle at the American Psychological Association.
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ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers
Generative AI applications like ChatGPT are unlikely to ever replace attorneys for a variety of practical reasons — but given their practice-enhancing capabilities, lawyers who fail to leverage these tools may be rendered obsolete, says Eran Kahana at Maslon.
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Pro Bono Work Is Valuable In IP And Continued Learning
The U.S. Patent and Trademark Office's recent elimination of a rule that partially counted pro bono work toward continuing legal education highlights the importance of volunteer work in intellectual property practice and its ties to CLE, and puts a valuable tool for hands-on attorney education in the hands of the states, say Lisa Holubar and Ariel Katz at Irwin.
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Increasing Public Access To Legal Services: A Practical Plan
Recommendations recently issued by a special committee of the Florida Bar represent a realistic, pragmatic approach to increasing the accessibility and affordability of legal services, at a time when the disconnect between the legal profession and the public at large has widened considerably, says Gary Lesser, president of the Florida Bar.
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Priorities For Improving The Legal Industry In Texas
To assist Texas lawyers in effectively executing their duties, we should be working on succession planning, attorney wellness, and increasing understanding of the grievance system by both bar members and the public, says Laura Gibson, president of the State Bar of Texas.
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Leading Your Law Firm's Creation Of A New Practice Group
Marjorie Peerce and Peter Jaslow at Ballard Spahr discuss the challenges of building a new law firm practice group from the ground up, and how sustained commitment, communication and collaboration are the key ingredients for success.
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Series
Ask A Mentor: How Do I Relay Shortcomings To Associates?
Michael Cohen at Duane Morris discusses the best ways to articulate how an associate is not meeting expectations, and why documentation of performance management is crucial for their growth and protecting the firm from discrimination suits.
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10 Principles For Effective Partner Reward Systems
Several forces are reshaping partners’ expectations about profit-sharing, and as compensation structures evolve in response, firms should keep certain fundamentals in mind to build a successful partner reward system, say Michael Roch at MHPR Advisors and Ray D'Cruz at Performance Leader.
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Why Interdisciplinarity Is Key To Designing The Future Of Law
The legal profession faces challenges that urgently demand new solutions, and lawyers and firms can address this by leaning on other industries that have more experience practicing, teaching and incorporating innovation into their core business and service models, says Jennifer Leonard at the University of Pennsylvania.
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Incorporating ADA Guidance Into Lawyer Wellness Movement
The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.
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Series
Ask A Mentor: How Can New Partners Generate Business?
Christine Wong at MoFo discusses how newly elected partners can prioritize business development by creating a strategic plan with the firm's marketing team and strengthening relationships with professional and personal networks.
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9 Writing Tips From The Justices' Opinions Last Term
Hidden in the U.S. Supreme Court’s opinions from the last term are each justice’s talents for crafting choice turns of phrase, highlighting best practices for attorneys to jump-start their own writing, says Ross Guberman at BriefCatch.
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What Web3 Means For Lawyers' Ethical Duties
As law firms embrace Web3 technologies by accepting cryptocurrency as payment for legal fees, investing in metaverse departments and more, lawyers should remember their ethical duties to warn clients of the benefits and risks of technology in a murky regulatory environment, says Heidi Frostestad Kuehl at Northern Illinois University College of Law.
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NY's Cybersecurity CLE Rule Is A Sign Of Changing Times
New York's recently announced requirement that lawyers complete cybersecurity training as part of their continuing legal education is a reminder that securing client information is more complicated in an increasingly digital world, and that expectations around attorneys' technology competence are changing, says Jason Schwent at Clark Hill.