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Daily Litigation
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Counterclaim Against Paralegal Must Proceed, Firm Says
A counterclaim accusing a paralegal of bringing an unpaid overtime wages suit against an El Paso law firm in order to extort it for money should stay in play, the firm told a Texas federal court, saying its counterclaim is sufficiently linked to the former employee's litigation.
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Approach The Bench: Judge Tymkovich On New Judgeships
When Tenth Circuit Judge Timothy Tymkovich testified before Congress recently about the need for more federal judges, it had been about 10 years since he'd made a similar request of Congress, which hasn't expanded the federal bench since 2002.
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Wilson Sonsini Adds Antitrust Attys From MoFo, K&L Gates
Wilson Sonsini Goodrich & Rosati PC is expanding its antitrust team, bringing in two new partners — a Morrison Foerster LLP trial attorney in San Francisco and a K&L Gates LLP litigator in Chicago.
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Ex-Blood Bank Atty Goes Back To Ballard Spahr In Phoenix
Ballard Spahr LLP has picked up a former in-house intellectual property lawyer from nonprofit blood bank Vitalant who had worked at the law firm a little over a decade ago.
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Conn. Law Firm Hit With Class Action Data Breach Suit
A 26-attorney Connecticut business litigation, intellectual property and employment law firm waited 16 months to notify potentially thousands of current and former clients of an alleged 2023 data breach that may have left sensitive personal information exposed to cybercriminals, a Monday lawsuit alleged
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Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says
A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.
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Colo. Firm Says Former Atty Uses Google Ads To Steal Clients
A prominent Colorado personal injury law firm has sued a former employee for trademark infringement, accusing the lawyer of purchasing Google ads so prospective clients searching for the Franklin D. Azar & Associates firm are directed to a phone number and website for his lesser-known law firm instead.
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Commercial Litigation Veteran Joins Parker Poe In Atlanta
Parker Poe Adams & Bernstein LLP announced that an experienced litigator who has spent more than 20 years working on a wide range of commercial business disputes has joined the firm's Atlanta office as a partner from Barnes & Thornburg LLP.
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Morgan & Morgan Taps Fla. Atty To Lead Malpractice Dept.
Injury law giant Morgan & Morgan PA has found a new leader for its national medical malpractice department in the founding partner of a small Florida firm, Paul Knopf Bigger.
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Carlton Fields Faces DQ Bid In $500M Miss America Suit
Carlton Fields faces a disqualification bid for allegedly having a conflict of interest in a $500 million lawsuit regarding the ownership of the company that runs the Miss America pageant.
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'American Idol' Singer Wants Early Win In Contract Fight
Songwriter and former "American Idol" contestant Lauren Spencer-Smith, who rose to fame when her 2022 song "Fingers Crossed" went viral on TikTok, is seeking an early win for her New York federal lawsuit's breach of fiduciary and contractual obligations and faithless servant allegations, saying Saturday that the defendants "took the trust that was reposed in them as Spencer-Smith's attorneys and agents, and used that trust for their own benefit to the detriment of Spencer-Smith."
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Atty Wants Firm In Neutral Hands Amid Dispute With Partner
A co-founder of Hodges & Foty LLP is asking a Texas state court to appoint a receiver to manage the winding down of the Houston law firm, claiming that the external oversight is necessary to protect the firm's clients and its financial interests from harm at the hands of his fellow firm founder.
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Eckert Seamans Brings Back Foley Mansfield Litigator In NJ
Eckert Seamans Cherin & Mellott LLC expanded its Princeton, New Jersey, office with a commercial litigation partner and former in-house counsel specializing in mass tort defense, construction disputes and other complex business disputes, the firm announced on Monday.
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Steptoe & Johnson Adds Atty To Lead Supply Chain Group
A seasoned corporate litigator with deep experience assisting clients in the manufacturing sector has moved his practice to Steptoe & Johnson PLLC to help the firm expand its supply chain expertise, the firm announced Monday.
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Faegre Drinker Fights Sanctions Bid In Trump IP Song Suit
Conservative group Turning Point Action Inc. is urging a Georgia federal judge not to sanction its Faegre Drinker Biddle & Reath LLP counsel in a copyright suit filed by the estate of soul artist Isaac Lee Hayes Jr. over President Donald Trump playing his song "Hold On, I'm Comin'," disputing claims they submitted a "frivolous" dismissal bid.
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Kirkland Slims Bias Suit But Can't Nix Caregiver Claim
Kirkland & Ellis LLP must face a former technology analyst's claim that his boss unlawfully changed his schedule despite knowing that would interfere with his child care responsibilities, a D.C. federal judge ruled Monday, tossing hostile work environment allegations but letting a caregiver bias count move ahead.
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Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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Perkins Coie DQ'd From Facial Recognition IP Suit
Perkins Coie LLP has been disqualified from defending Jumio Corp. in a patent infringement lawsuit involving facial recognition technology, with the San Francisco federal judge who signed the order citing the firm's prior general corporate and intellectual property representation of plaintiff FaceTec Inc.
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Cleary Gains 5-Atty Latham Team Known For Big IP Wins
Cleary Gottlieb Steen & Hamilton LLP has welcomed a bi-coastal team of five intellectual property litigators from Latham & Watkins LLP, lauding their history leading "many of the most high-profile and complex patent and trade secrets cases of the last decade" in a statement Monday.
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Judge Blocks Bid To 'Hijack' $44M Ga. Realtor Settlement
A Georgia federal judge on Friday rejected a bid by the plaintiffs who brought a series of landmark fee inflation claims against the National Association of Realtors and major brokerages to intervene in a similar Peach State action, putting their bid to block an alleged lowball settlement on ice.
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Grocery Vendor Gets $3M In Atty Fees In Bony Chicken Case
A Washington federal judge has awarded an Evergreen State grocery vendor about $3 million in attorney fees following its $10.5 million jury trial win in its case blaming a poultry producer for a lost chicken burger deal with Trader Joe's, acknowledging the "excellent work" of the plaintiff's counsel while stopping short of granting the full $4.5 million fee request.
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Failed Software Secrets Case Costs MasterCard Unit $2.8M
A federal judge in Utah has ordered a MasterCard unit to cough up over $2.8 million in legal fees for "aggressively" litigating an "objectively specious" trade secrets suit against two McKinsey consultants who went on to found one of MasterCard's only serious rivals in a corner of the business analytics software market.
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Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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Tubi Says Keller Postman Breached Deal In Arbitration Fight
The D.C. federal judge overseeing video streaming service Tubi Inc.'s tortious interference suit against Keller Postman LLC over mass arbitration claims ordered the parties on Friday to schedule a status conference for next month, in light of Tubi's claims that the firm violated an agreement.
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No Admission Needed For Conn. Atty To Use Anti-SLAPP Law
A Connecticut attorney and his Hartford firm weren't required to admit that they engaged in allegedly disparaging speech against a former employee in order to use the anti-SLAPP statute in their attempt to toss the case, a state appeals court ruled Friday in a matter of first impression.
Expert Analysis
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Ditch The Frills And Start Writing Legal Letters In Plain English
To become more effective advocates, lawyers need to rethink the ridiculous, convoluted language they use in correspondence and write letters in a clear, concise and direct manner, says legal writing instructor Stuart Teicher.
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Series
Ask A Mentor: How Can I Negotiate My Separation Agreement?
Kate Reder Sheikh at Major Lindsey discusses how a law firm associate can navigate being laid off, what to look for in a separation agreement and why to be upfront about it with prospective employers.
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DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help
Recent legal challenges against DoNotPay’s "robot lawyer” application highlight pressing questions about the degree to which artificial intelligence can be used for legal tasks while remaining on the right side of both consumer protection laws and prohibitions against the unauthorized practice of law, says Kristen Niven at Frankfurt Kurnit.
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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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A GC's Guide To Litigation, Inspired By Sun Tzu's 'Art Of War'
With caseloads and spending increasing, in-house counsel might find themselves called to opine on the risks and benefits of litigation more often, and they should look at five Sun Tzu maxims from the ancient Chinese classic "The Art of War" to inform their approach to any suit, says Jeff Golimowski at Womble Bond.
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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.