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What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
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Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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Saxton & Stump Expanding In Central Pa. With Former Judge
Saxton & Stump will kick off the new year by growing its offices in York and Harrisburg, Pennsylvania, with a magisterial district judge who will join the firm when her term is over at the end of December.
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DOJ Top Enviro Atty Joins Pillsbury In DC
The former assistant attorney general for the U.S. Department of Justice's Environment and Natural Resources Division has come aboard Pillsbury Winthrop Shaw Pittman LLP's Washington, D.C., office, the firm announced Monday.
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Port Authority Chair Gets NJ Committee Nod For Another Term
The New Jersey Senate Judiciary Committee voted to reappoint Kevin O'Toole, chair of the Port Authority of New York and New Jersey since 2017, to another six-year term on the board of commissioners of the agency on Monday.
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Justices Question Scope Of ISP Liability In $1B Piracy Case
U.S. Supreme Court justices pressed Cox Communications on whether internet service providers could ever be liable for their customers' online piracy if it defeated a $1 billion case brought by music companies, with Justice Ketanji Brown Jackson questioning the company's attorney Monday if "selling internet services can ever be culpable conduct."
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3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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Up Next At High Court: ISP Liability & State Subpoena Suits
The U.S. Supreme Court will return Monday for the first week of its December oral argument session, during which the justices will consider whether internet service providers can be held liable for contributing to their customers' infringing activity online and whether the subjects of state subpoenas are required to first challenge them in state court.
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Ohio Panel Says Locked Court Doors Didn't Violate Trial Right
An Ohio appeals court said on Wednesday that a decision to continue a trial after courthouse doors were locked at the close of business did not violate a man's rights, denying his bid for a new trial.
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State High Courts See Little Progress In Improving Diversity
State supreme courts have seen minimal improvements in the racial and gender diversity of their jurists, as new justices have been disproportionately white and male, with even less progress made in seating justices with varied professional experiences, according to a recent report.
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11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
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NJ AG, Comptroller Blast Bill To Strip Agency's Probe Powers
New Jersey Attorney General Matthew Platkin is set to go before lawmakers on Dec. 1 to speak out against a proposed bill aimed removing investigatory powers from the Office of the State Comptroller after calling the proposal "outrageous" on social media.
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Fla. Supreme Court Calls For 25 New State Judgeships
The Supreme Court of Florida on Wednesday asked the state's Legislature for 13 additional circuit court judgeships and 12 more county court bench seats in fiscal year 2026-27.
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Gov.-Elect Sherrill Taps Dozens Of Attys For Transition Teams
New Jersey Gov.-elect Mikie Sherrill's recently announced transition teams feature a number of legal professionals from within New Jersey and outside the state working in a variety of roles as she prepares for her term to begin.
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DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
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Democracy Forward Adds High-Profile Former DOJ Atty
A former top attorney in the Justice Department's Office of Immigration Litigation, who was fired in April after telling a court the deportation of Kilmar Ábrego García was made in error, has joined Democracy Forward as a senior counsel, the group announced Tuesday.
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Ga. Prosecutor Drops Election Case Against Trump, Allies
A Georgia prosecutor on Wednesday officially dropped the racketeering case against President Donald Trump and others accused of attempting to overturn the state's 2020 presidential election results.
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6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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Trial Over Judge's Alleged ICE Interference Gets Ground Rules
A Wisconsin federal judge on Tuesday set some ground rules for an anticipated December trial over criminal charges alleging a state judge attempted to hinder a U.S. Immigration and Customs Enforcement arrest this spring, including the types of arguments and evidence that can be presented to the jury.
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Ex-Bank GC Faces Garnishments After $7M Restitution Order
Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.
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4th Circ. OKs Fees In Health Co. Workers' OT Suit
A healthcare company must pay $410,000 in attorney fees and costs in overtime suits filed by nearly a dozen former employees, the Fourth Circuit ruled Tuesday, upholding a lower court's calculations after initially rejecting them.
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Democrats Seek Documents On Emil Bove's DOJ Tenure
Senate Democrats are turning to public records requests to learn more about the controversial tenure of U.S. Circuit Judge Emil Bove while he served at the U.S. Department of Justice, claiming that they're being "stonewalled" by the department.
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DOJ Official Sues Over Firing For Epstein Talk On Hinge 'Date'
A longtime official at the U.S. Department of Justice who was fired after he was secretly recorded discussing the Epstein files has sued the agency and U.S. Attorney General Pam Bondi in D.C. federal court.
Expert Analysis
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Protecting Client Funds From Cyberattacks
As cyberattacks on law firms continue to escalate, bar associations, law firms and individual lawyers must all take steps to protect client funds in attorney trust accounts — from imposing cyber hygiene mandates to reimagining malpractice coverage — because once that money is gone, it’s generally gone for good, says Michael Epstein at The Epstein Law Firm.
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Making Legal Cents: For Billing, Think Value, Not Time
Pricing strategy is one of the most consistently discussed but underleveraged tools in a firm's arsenal, and rather than keeping hourly billing because it's easy, firms should consider their differentiators when structuring more effective fee models, says Shireen Hilal at Maior Consultants.
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Series
Biz Development Tip Of The Month: Engage With The Media
Business development is all about awareness — and by taking existing skills and adapting them to build media relationships and thereby address today's audiences, lawyers can expand their outreach and use thought leadership to build a more complete, compelling personal brand, says Michael Goodwin at Stanton PR.
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What GCs Value Most: 7 Habits Of Great Relationship Partners
When seeking outside legal advisers, general counsel want commercially savvy lawyers who cultivate relationships of trust with their in-house counterparts, back up the GC's authority and focus on actionable advice instead of abstract legal analysis, say Andrew Dick at The L Suite and Rob Morvillo at Olo.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Nonequity Partner Frustrations Reflect Erosion Of Opportunity
Nonequity partners report the lowest satisfaction, highest stress and poorest financial outlook of any group of lawyers, highlighting a growing structural disconnect that leaves attorneys at many firms feeling like the ladder has been pulled up behind those who already ascended, says Jake Carroll at Nelson Mullins.
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Learn Your Colleagues To Cross-Sell Their Services Fearlessly
Understanding where colleagues in other practice areas shine can help attorneys confidently cross-sell each other's services and bring in business to keep the firm afloat in hard times, says Joe Calve at Calve Communications.
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Series
Biz Development Tip Of The Month: Advertise Ethically
Business development in the legal industry is about building authentic connections and showcasing expertise in a way that reflects reality, and, when done right, it can elevate a practice, establish credibility and bring in clients without risking an ethics violation, says Melody Jackson at Robinhood.
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Ask A Mentor: How Do I Help After Mental Health Leave?
Molly Ranns at the State Bar of Michigan suggests five ways to smooth a colleague's return to practice after short-term mental health leave, while creating a firm culture that protects employees’ emotional health.
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Tips For Attracting Stellar CLOs In A Competitive Landscape
Amid a rapidly changing regulatory environment and a fierce market for talent, companies hoping to attract the best chief legal officers must have a strong grasp of their roles’ biggest selling points, and any roadblocks that may prevent them from recruiting the strongest choice, says Heather Fine at Major Lindsey.
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'Golden Handcuffs' May Be A Double-Edge Sword For Firms
As law firms increasingly use certain financial incentives to retain partners in a fierce lateral market, managing partners should consider the pros and cons of various deferred compensation schemes, says Tom Hanlon at Buchanan Law.
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The 10-Min. Rule For Building A Business Development Habit
Many lawyers assume that becoming a rainmaker requires a significant investment of time and effort, but the truth is that building a consistent habit of business development can start with just 10 minutes of strategic outreach a day, says Paul Manuele at PR Manuele Consulting.
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5 Pointers For Firm Leaders Communicating Tough Decisions
Certain law firm decisions — such as whether to challenge an executive order — cannot be crowdsourced, but leadership can collaboratively communicate these choices using strategies that build trust, reinforce values and preserve cohesion, says John Hellerman at Hellerman Communications.
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Series
Biz Development Tip Of The Month: Create A Succession Plan.jpg)
Conversations around retirement and succession can be understandably difficult, but when attorneys make a plan for the transition early and effectively, they have the opportunity to not only keep work but also increase it, says Jillian McKenna at Verrill Dana.
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Looking Under The Hood Of The $3,000 Billable Hour
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In recent years, top-tier law firms have pushed hourly rates to unprecedented heights, with some partners commanding $3,000 per hour — but this eye-popping number doesn’t tell the full story, as there are numerous caveats and rigorous winnowing along the way, says Christopher Seck at Squire Patton.