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Daily Litigation
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NJ Judge Exits Disbarred Atty's Suits Over Ties To State Bar
A disbarred New Jersey civil rights attorney persuaded a New Jersey federal judge to recuse herself from cases he has pending before her due to the "slim, but conceivable chance" of an appearance of impropriety stemming in part from her time as president of the New Jersey State Bar Association.
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Besieged NJ Prosecutor Keeps Suit Over Resignation Alive
The former county prosecutor in Warren County, New Jersey, has partially defeated a motion to dismiss from Gov. Phil Murphy and Attorney General Matthew Platkin, and can pursue a state court claim that he never technically resigned before being replaced.
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4th Circ. Unclear On LeClairRyan Founder's Tax Liability
A Fourth Circuit panel appeared confused and noncommittal Tuesday as it wrestled with a narrow question of contract interpretation that could determine whether Gary LeClair of defunct LeClairRyan PLLC is on the hook for massive tax bills tied to the firm's collapse.
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Workers' Comp Expert Moves To Willig, Williams & Davidson
Willig Williams & Davidson has expanded its Philadelphia office with the addition of an attorney who has more than 30 years of experience handling workers' compensation claims.
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Approach The Bench: Judge Rosenthal Praises Zoom Hearings
While U.S. District Judge Lee Rosenthal calls the pandemic a disaster that "discombobulated" the federal courts, she thinks there was also a silver lining to the experience.
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Ex-Boston University Law Prof Settles IP Suit With School
A former Boston University School of Law instructor has settled a copyright infringement suit with the school that he filed in August accusing it of pilfering his course materials in violation of a prior settlement agreement.
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Legal Marketer Sues To Halt New Pa. Atty Text Solicitation Ban
A marketing company focused on soliciting criminal defendants on behalf of attorneys has filed suit in Pittsburgh federal court looking to overturn a new Pennsylvania ethics rule barring lawyers from using text messages to recruit clients.
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Circuit Judge Rips Atty's 'Unearned Windfall' In Liability Case
Although the Sixth Circuit has affirmed a decision awarding roughly $353,000 to a Texas attorney in a decadelong fee dispute over his representation of a client in a product liability case, one circuit judge expressed "extreme disapproval" over the lawyer's conduct in the matter.
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MVP: Simpson Thacher's Jonathan Youngwood
Jonathan Youngwood of Simpson Thacher & Bartlett LLP's banking practice helped secure a New York state court reversal nullifying certain due diligence requirements for underwriters involved in offerings from Paramount Global, earning him a spot as one of the 2024 Law360 Banking MVPs.
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Ex-Jones Day Litigator Joins Honigman In Detroit
Honigman LLP has brought on a former Jones Day business and tort litigation associate as a business litigation practice group partner.
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MVP: Wiley Rein's Joshua S. Turner
Wiley Rein LLP partner Joshua S. Turner has spent the last year taking on some of the biggest cases in telecommunications, including a Sixth Circuit case against the Federal Communications Commission's "net neutrality" reversal and a challenge to its 5G upgrade order, earning recognitions as one of the 2024 Law360 Telecommunications MVPs.
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MVP: Morgan & Morgan's John Yanchunis
John Yanchunis, head of the class action group at plaintiffs' injury firm Morgan & Morgan, helped secure a deal whereby Google agreed to settle claims that the search giant misled Chrome users about the privacy features of the browser's "Incognito Mode," earning him a spot among the 2024 Law360 Cybersecurity & Privacy MVPs.
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DC Circ. Won't Revisit Quinn Emanuel's $486M Award Fight
Quinn Emanuel Urquhart & Sullivan LLP lost its bid to get the D.C. Circuit to reconsider its decision in a dispute over the firm's authority to represent a port operating in a long-running legal spat with the Republic of Djibouti, according to an order issued Monday by a divided panel of judges.
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$9M Fee Awarded For 'Feeble' Milk Vitamin Eligibility Row
A Delaware federal judge entered a final judgment Monday ordering ChromaDex Inc. and Dartmouth College to pay $9.1 million in attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge.
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Monsanto Attys Fined $20K For Late Reports In PCB Trial
A Washington state judge has ordered eight attorneys defending Monsanto in a Seattle PCB poisoning trial to pay $2,500 each to the local bar foundation for late disclosure of expert reports, saying the "sting" of personal sanctions should deter any future bad behavior causing "chaos and disruption."
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Calif. High Court Says Judicial DQ Bids Must Be Timely
The California Supreme Court on Monday held that an appellate court got it wrong by determining a timeliness requirement doesn't apply when a party alleges that a judge is disqualified due to bias, in a case that resulted in a $43.5 million judgment for hundreds of title company employees.
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Judge Leaves Patent Case After Fed. Circ. Undoes Ruling
A Minnesota federal judge has recused himself from a patent dispute between Teleflex and Medtronic he has handled since 2019, saying he was "at a loss" on how to proceed after the Federal Circuit faulted his interpretation of terms in Teleflex's catheter patents.
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$4M Settlement Over NBA-Themed NFTs Gets Final OK
A New York federal judge on Monday granted final approval to a $4 million settlement between the firm behind NBA-focused non-fungible tokens and a class of purchasers who accused the digital assets company of selling the tokens as unregistered securities, and awarded roughly a third of the settlement fund in attorney fees.
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Ex-Fox Rothschild Clients Push To Revive Malpractice Suit
Two former clients of Fox Rothschild LLP asked a New Jersey federal judge to reject the firm's bid to dismiss a third amended complaint alleging attorneys deceived them into opening credit cards and engaging in a fake marriage under the guise of trying to secure a U.S. visa.
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Ga. Election Denier Sues Over Council Meeting Arrest
A Georgia election denier sued a host of Floyd County officials over his arrest last year at a county commission meeting, alleging that the county government conspired to have him jailed after he lobbied for its attorney to be fired.
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Law Prof Calls Out Atty Fees, Workarounds In NAR Deal
A University at Buffalo Law School professor on Monday urged a federal judge to reject the National Association of Realtors' $1 billion settlement in an antitrust class action, arguing the deal only serves to enrich lawyers in the case while allowing an anticompetitive system to continue.
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Denver Law Firm Faces Class Action Over Data Breach
The former spouse of a Sherr Puttmann Akins Lamb PC client has launched a putative class action in Colorado state court alleging that sensitive information she provided to the Denver-based family law firm, including her Social Security number, ended up on the dark web following a data breach.
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Attorney Says NJ Red Flag Law Violates 2nd Amendment
An attorney who had his firearms seized after flashing a handgun during a road rage incident alleged in New Jersey federal court that a state red flag law violates the Second Amendment, arguing it is another way for the state to suppress the right to carry handguns in public.
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3 Factors Attorneys Should Keep In Mind When Using AI
Attorneys who hope to leverage new artificial intelligence programs in their legal work should stay mindful of three rules of conduct from the American Bar Association dictating attorney competence, client confidentiality and billing procedures, according to a recently published paper from the International Association of Defense Counsel.
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Becker Appoints 5 New Vice Chairs, Chief Business Officer
Becker & Poliakoff PC announced Monday that the Florida-based firm appointed four of its attorneys and a senior director as vice chairs of their respective practices, along with giving its chief strategy officer the additional role of chief business officer.
Expert Analysis
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Series
Ask A Mentor: How Can I Successfully Switch Practices?
Associates who pivot into new practice areas may find that along with the excitement of a fresh start comes some apprehension, but certain proactive steps can help tame anxiety and ensure attorneys successfully adapt to unfamiliar subjects, novel internal processes and different client deliverables, say Susan Berson and Hassan Shaikh at Mintz.
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A Road Map For Creating Law Firm Sustainability Programs
Amid demands from clients and prospective hires for greater sustainability efforts, law firms should think beyond reusable mugs and create programs that incorporate clear leadership structures, emission tracking and reduction goals, and frameworks for reporting results, says Gayatri Joshi at the Law Firm Sustainability Network.
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Why Firms Should Help Associates Do More Pro Bono Work
Associates may hesitate to take on the added commitment of pro bono matters, but such work has tangible skill-building benefits, so firms should consider compensation and leadership strategies to encourage participation, says Rasmeet Chahil at Lowenstein Sandler.
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Confronting The Stigma Of Alcohol Abuse In Legal Industry
The pandemic has likely exacerbated the prevalence of problem drinking in the legal profession, making it critical for lawyers and educators to address alcohol abuse and the associated stigma through issue-specific education, supportive assistance and alcohol-free professional events, says Erica Grigg at the Texas Lawyers' Assistance Program.
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Opinion
Lawyers Have Duty To Push For Immigration Court Reform
Attorneys must use their collective voice to urge federal lawmakers to create an Article I immigration court outside executive branch control, helping address the conflicts of interest, political influence and lack of adjudication consistency that prevent migrants from achieving true justice, say Elia Diaz-Yaeger and Carlos Bollar at the Hispanic National Bar Association.
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Series
Ask A Mentor: How Can 1st-Year Attys Manage Remote Work?
First-year associates can have a hard time building relationships with colleagues, setting boundaries and prioritizing work-life balance in a remote work environment, so they must be sure to lean on their firms' support systems and practice good time management, say Jenny Lee and Christopher Fernandez at Kirkland.
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5 Ways To Lead Lawyer Teams Toward Better Mental Health
Attorney team leaders have a duty to attend to the mental well-being of their subordinates with intention, thought and candor — starting with ensuring their own mental health is in order, says Liam Montgomery at Williams & Connolly.
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How Your Summer Associate Events Can Convey Inclusivity
As law firms begin planning next year's summer associate events, they should carefully examine how choice of venue, activity, theme, attendees and formality can create feelings of exclusion for minority associates, and consider changing the status quo to create multiculturally inclusive events, says Sharon Jones at Jones Diversity.
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Series
Ask A Mentor: How Do I Negotiate Long-Term Flex Work?
Though the pandemic has shown the value of remote work, many firms are still reluctant to embrace flexible working arrangements when offices reopen, so attorneys should use several negotiating tactics to secure a long-term remote or hybrid work setup that also protects their potential for career advancement, says Elaine Spector at Harrity & Harrity.
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What I Wish Law Schools Taught Women About Legal Careers
Instead of spending an entire semester on 19th century hunting rights, I wish law schools would facilitate honest discussions about what it’s like to navigate life as an attorney, woman and mother, and offer lessons on business marketing that transcend golf outings and social mixers, says Daphne Delvaux at Gruenberg Law.
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4 Ways To Break Down Barriers For Women Of Color In Law
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Female lawyers belonging to minority groups continue to be paid less and promoted less than their male counterparts, so law firms and corporate legal departments must stop treating women as a monolithic group and create initiatives that address the unique barriers women of color face, say Daphne Turpin Forbes at Microsoft and Linda Chanow at the Institute for Inclusion in the Legal Profession.
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Opinion
We Need More Professional Diversity In The Federal Judiciary
With the current overrepresentation of former corporate lawyers on the federal bench, the Biden administration must prioritize professional diversity in judicial nominations and consider lawyers who have represented workers, consumers and patients, says Navan Ward, president of the American Association for Justice.
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Series
Ask A Mentor: How Do I Retire Without Creating Chaos?
Retired attorney Vernon Winters explains how lawyers can thoughtfully transition into retirement while protecting their firms’ interests and allaying clients' fears, with varying approaches that turn on the nature of one's practice, client relationships and law firm management.
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Why I Went From Litigator To Law Firm Diversity Officer
Narges Kakalia at Mintz recounts her journey from litigation partner to director of diversity, equity and inclusion at the firm, explaining how the challenges she faced as a female lawyer of color shaped her transition and why attorneys’ unique skill sets make them well suited for diversity leadership roles.
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For Asian American Lawyers, Good Mentorship Is Crucial
Navigating the legal world as an Asian American lawyer comes with unique challenges — from cultural stereotypes to a perceived lack of leadership skills — but finding good mentors and treating mentorship as a two-way street can help junior lawyers overcome some of the hurdles and excel, say attorneys at Paul Weiss.