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NY Atty's Big Mouth Wins Client New Trial
A New York appeals court has reversed a man's 6½-year sentence for weapons possession and granted him a new trial after finding his defense attorney "created an actual conflict of interest by prematurely disclosing confidential information to the court."
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Vanderbilt Law Grad Says Wrongful Conviction Ruined Dream
A graduate of the prestigious Vanderbilt Law School has been shut out of the legal profession for years because Connecticut police and his own criminal defense attorneys worked to ensure that he was wrongfully convicted of assault, according to a civil rights and legal malpractice lawsuit this week removed to federal court.
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Ga. Judge 'Cannot Be Trusted,' Must Leave Bench, Panel Says
The Georgia Judicial Qualifications Commission is recommending that a judge who gave dishonest testimony regarding wide-ranging allegations of misconduct, including the illegal arrest and false imprisonment of a witness, should be kicked off the bench, saying that a judge who "cannot be trusted to tell the truth cannot be trusted to remain in office."
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Trailblazing Ga. Judge Dedicated Career To Public Service
A Georgia state court judge who recently died is remembered for his "commitment to justice" as a state senator, a jurist and an alum of Atlanta's John Marshall Law School who desegregated his elementary school and was the first Black judge in an Atlanta-area municipal court.
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Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown
The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.
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Justices To Weigh Compensation In Tax-Foreclosure Sale
The U.S. Supreme Court agreed Friday to take up a case contending that a deceased homeowner's estate was denied its constitutionally owed compensation when a Michigan county sold a tax-foreclosed property at a fraction of its fair market value.
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The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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Madigan Must Report To Prison As Ordered, 7th Circ. Says
The Seventh Circuit on Friday denied former Illinois House Speaker Michael Madigan's request to stay his impending surrender to serve a seven-year prison sentence for bribery and wire fraud as he appeals that conviction.
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Judge Halts Searches On Phone Seized From Immigration Atty
A Massachusetts federal judge on Friday ordered the U.S. Department of Homeland Security and Customs and Border Protection not to conduct or continue any searches on a phone seized from an immigration lawyer at Logan International Airport last Sunday.
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Voir Dire: Law360 Pulse's Weekly Quiz
The legal industry had another busy week, with more government attorneys moving to private practice, leadership changes and artificial intelligence-related court filing mishaps. Test your legal news savvy here with Law360 Pulse's weekly quiz.
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Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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Supreme Court Takes Up Cuba Seizure Law Cases
The U.S. Supreme Court on Friday agreed to consider two cases seeking clarity on a federal law enacted in 1996 that allows U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property.
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Former Federal Prosecutor Joins Scott + Scott In San Diego
Plaintiffs firm Scott + Scott Attorneys at Law LLP is growing its West Coast team, bringing in a former U.S. Department of Justice trial attorney as a partner in its San Diego office.
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Jackson Walker Can't Duck Judge Romance Suit, Court Told
A group of bondholders Thursday urged a Texas federal judge not to throw out its suit over a former Jackson Walker LLP partner's secret romance with a bankruptcy judge, arguing that the firm "has a problem with telling the truth" and it's "back at it again."
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Justices To Hear Clash Over State Med Mal Laws In Fed. Court
The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.
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Gov't Shutdown Halts Fed. Circ. Response In Newman Case
The Federal Circuit has asked the D.C. Circuit for permission to extend a deadline to respond to U.S. Circuit Judge Pauline Newman's petition for an en banc rehearing to reconsider her suspension, citing the ongoing government shutdown.
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Florida Federal Prosecutor Joins Sperling Kenny In Miami
A former assistant U.S. attorney and deputy chief of an economic crimes section for his office has moved on to private practice at Sperling Kenny Nachwalter LLC's Miami office.
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DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs
A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.
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Comey's 1st Task: Decoding A Cryptic Indictment
The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.
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Attys Get Mixed NJ Discipline After Fraud Convictions
The New Jersey Supreme Court has disbarred ex-Sacks Weston attorney Scott Diamond from the practice of law in the Garden State following his conviction for fraudulently resolving cases behind the back of his old firm, according to filings issued Thursday.
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NY Courts Back Use Of New Evidence Management Tech
The chief administrative judge of the New York Courts encouraged its commercial division in an administrative order to take advantage of web-based digital platforms known as virtual evidence courtrooms to help manage and present evidence during trials.
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Tenn. 'Gag Order' Ruling Against Atty Axed After Rule Change
The Sixth Circuit has vacated a decision that a Nashville attorney lacked standing to challenge a since-rescinded Middle District of Tennessee rule restricting lawyers' so-called extrajudicial statements.
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Ballard Spahr Adds Another Ace Fed. Prosecutor
Ballard Spahr announced Thursday that it has hired a former assistant U.S. attorney for the District of Minnesota whose trial experience includes what the U.S. Department of Justice had described as the largest pandemic fraud prosecution to date.
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Michigan OKs Anti-Bias Rule For Judges, Delays Atty Version
Michigan's top court adopted a rule Wednesday prohibiting judges from acting with bias or prejudice but held back a companion rule for lawyers for more deliberation.
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Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
Expert Analysis
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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.
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Opinion
Law Firms Stressing Work-Life Balance Are Missing The Mark
Law firms struggling to attract and retain lawyers are institutionalizing work-life balance through hybrid work models, but such balance is elusive in a client services and tech-dependent world, underscoring the need for firms to instead aim for attorney empowerment and true balance within — not outside — the workplace, says Joe Pack at Pack Law.
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A Law Student's Guide To Thriving As A Summer Associate
Summer associates are expected to establish a favorable reputation and develop genuine relationships in a few short weeks, but several time management, attitude and communication principles can help them make the most of their time and secure an offer for a full-time position, says Joseph Marciano, who was a 2022 summer associate at Reed Smith.
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Burnout Prevention Requires Effort From Attys And Firms
To avoid physical and emotional exhaustion, attorneys must respect their own and their colleagues' personal and professional boundaries, but law firms must also play a role in discouraging burnout culture — especially if they are struggling with attorney retention, say attorneys at Lowenstein Sandler.