Daily Litigation

  • 9th Circ. Backs Calif. Bar In ADA Fight, Alters Immunity Test

    An en banc Ninth Circuit panel Wednesday affirmed that the State Bar of California has sovereign immunity from an attorney's lawsuit claiming it failed to provide him with adequate disability accommodations during a COVID-19-era bar exam while updating its test for deciding whether an entity is an arm of the state.

  • Judge Newman Decries Unenforceable Fed. Circ. Promises

    Federal Circuit Judge Pauline Newman told a D.C. federal judge Wednesday that she's entitled to an injunction barring her colleagues from keeping her off new cases, even though the original suspension order she challenged has been lifted.

  • Judge Nixes CellTrust Bid For New Trial In Infringement Suit

    A Minnesota federal judge on Wednesday denied a cellular data-tracking company's motion for a favorable judgment or new trial, rejecting CellTrust Corp.'s arguments that a wrongly instructed jury erred in finding its patents weren't infringed — as well as rejecting other claims from both sides of the dispute.

  • Investors Slam Baker Donelson's Discovery Bid In Ponzi Suit

    A federal receiver who sued Baker Donelson, accusing the BigLaw firm of allowing a Ponzi scheme to unfold in its Jackson, Mississippi, office, is attempting to fight a sweeping discovery request the firm entered last month, arguing there is "no precedent for the broad, invasive victim discovery" the firm seeks.

  • Texas Pregnancy Case Attys Apologize For Child Name Reveal

    Attorneys on both sides of a Texas Supreme Court case focused on a woman's claims that a doctor did not perform a requested procedure to prevent her from becoming pregnant again apologized to the court after revealing the name of the child.

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    Trump's NY Gag Appeal Claims Laughable, Judge's Atty Says

    The New York state trial court that hit Donald Trump with gag orders in his civil fraud case defended those decisions Wednesday in an appellate filing, calling Trump's alleged free speech injuries "risible" compared to the potential harm to court staff.

  • NJ Law Firm Beats Claims Of Mishandling Malpractice Case

    A New Jersey state appeals court on Wednesday refused to revive a malpractice suit against Costello & Mains over claims it gave bad advice to a former client to settle an underlying business dispute, finding the former client waited too long to bring his claims.

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    Smith Gambrell Hires 2 IP Pros To Join Atlanta Office

    Smith Gambrell & Russell LLP is expanding its intellectual property team, announcing Wednesday it has hired two patent attorneys in its Atlanta office.

  • Kit Aims To Streamline Court Filing, Ease Access To Justice

    Stanford Law School's Filing Fairness Project announced this week the launch of its Filing Fairness Toolkit, an interactive guide for use by state courts to standardize court filing systems and open the door for legal technologies to more easily embed themselves across jurisdictions.

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    Fla. Justices Mixed On DeSantis' Suspension Of Prosecutor

    Florida justices appeared divided Wednesday over whether the state's highest court was the right place to hash out a politically charged dispute over Gov. Ron DeSantis' suspension of elected state prosecutor Monique Worrell for neglect of duty.

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    Patterson Belknap Litigator Tapped For NYC Bar President

    The New York City Bar Association announced Wednesday that it has nominated Patterson Belknap Webb & Tyler LLP litigation partner Muhammad U. Faridi to serve as its next president.

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    Group That Challenged Law Firm DEI Plans No Further Suits

    Edward Blum, head of an organization that filed lawsuits against diversity fellowships at large law firms on behalf of non-minority applicants, says the suits have already changed firms' behavior and the group has no current plans to file similar legal actions.

  • Fox Rothschild Seeks To Drop Solar Co. Targeted By State AG

    Fox Rothschild LLP has moved to withdraw from representing a solar company accused of unfair trade practices by the Connecticut attorney general's office by citing a professional conduct rule that can apply, among other things, to withdrawals involving a case's financial burden or a client's repugnant activities.

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    McElroy Deutsch Rips Former Exec's 'Oppressive' Subpoenas

    McElroy Deutsch Mulvaney & Carpenter LLP wants to erase subpoenas from a former executive accused of stealing from the firm, telling a New Jersey court that the requested information about the firm's tax returns, employee salaries and employees' credit card use is "irrelevant" and overly intrusive.

  • NJ Firm Fights $29K Fees For Debt Suit That Settled For $10K

    A New Jersey law firm that reached a $10,000 settlement on claims it engaged in an illegal debt collection scheme is fighting an attempt by the plaintiff's firm to collect $29,000 in fees, arguing the number was inflated due to "excessive" billing.

  • NJ Law Firm Accused Of Threatening Malpractice Expert

    Attorneys handling a malpractice lawsuit against New Jersey-based Mazie Slater Katz & Freeman LLC have cried foul over a letter reportedly sent to a lawyer and expert witness in the case that threatened him with sanctions unless he withdrew his testimony.

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    Post & Schell Hires Walsh Barnes Litigator In Pittsburgh

    Post & Schell PC has hired a commercial litigator from Walsh Barnes PC, who joins the firm's Pittsburgh office as a principal.

  • Denver City Atty's Office Agrees To End Race Bias Case

    The Denver City Attorney's Office struck a deal to end a lawsuit by two Black women who alleged they were paid less based on their race and discriminated against while the city's previous top lawyer failed to properly discipline attorneys' racist behavior, according to a filing Tuesday in Colorado federal court.

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    Trump's Broker & Club Member Touts Mar-A-Lago's $1B Value

    A Florida real estate broker and member of Donald Trump's Mar-a-Lago club took the stand Tuesday in New York state court to defend the former president's valuation of the property, saying it was worth more than $1 billion based on his billions in sales experience and "gut" feelings.

  • 9th Circ. Throws Out Tinder Age Bias Settlement Again

    The Ninth Circuit held Tuesday that a revised $5.2 million settlement between Tinder and users accusing it of age bias still doesn't hold up, ruling that the class representative has a conflict of interest and failed to vigorously litigate on behalf of the proposed class before agreeing to the deal.

  • Honda Wins Bid To Slash Most Atty Fees In Valve Defect Suit

    The counsel behind the $1.4 million valve defect jury verdict for Honda drivers that the automaker called an "abject failure" does not deserve $5.6 million in fees and costs, a California federal judge has ruled, approving only $1.5 million.

  • Girardi Keese Trustee's $3M Fees OK'd Over Feds' Objection

    A U.S. bankruptcy judge on Tuesday approved the Girardi Keese bankruptcy trustee's bid to pay more than $3 million in fees to herself and other firms over the U.S. Trustee's Office's objection, pushing back on the notion that the interim request is "unprecedented" in a Chapter 7 case.

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    Ogletree Adds Seattle Shareholder From Jackson Lewis

    Ogletree Deakins Nash Smoak & Stewart PC has brought over a former Jackson Lewis PC principal to join its Seattle office as a shareholder, adding an attorney with more than two decades of experience representing and advising employers.

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    6th Circ. Casts Skeptical Eye On Dykema's Age Bias Win

    The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.

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    Wright Files Title IX Action As Judge Tosses $108M Suit

    Former Federal Trade Commission member, BigLaw partner and law professor Joshua Wright has filed a lawsuit against George Mason University over its handling of sexual misconduct accusations against him just a day before a judge dismissed Wright's defamation complaint against two of the alleged misconduct victims in Virginia state court.

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Expert Analysis

  • How To Find Your Inner Calm When Client Obligations Pile Up Author Photo

    In the most stressful times for attorneys, when several transactions for different partners and clients peak at the same time and the phone won’t stop buzzing, incremental lifestyle changes can truly make a difference, says Lindsey Hughes at Haynes Boone.

  • Ask A Mentor: How Can I Support Gen Z Attorneys? Author Photo

    Meredith Beuchaw at Lowenstein Sandler discusses how senior attorneys can assist the newest generation of attorneys by championing their pursuit of a healthy work-life balance and providing the hands-on mentorship opportunities they missed out on during the pandemic.

  • Advice For Summer Associates Uneasy About Offer Prospects Author Photo

    There are a few communication tips that law students in summer associate programs should consider to put themselves in the best possible position to receive an offer, and firms can also take steps to support those to whom they are unable to make an offer, says Amy Mattock at Georgetown University Law Center.

  • How Law Firms Can Cautiously Wield AI To Streamline Tasks Author Photo

    Many attorneys are going to use artificial intelligence tools whether law firms like it or not, so firms should educate them on AI's benefits, limits and practical uses, such as drafting legal documents, to remain competitive in a rapidly evolving legal market, say Thomas Schultz and Eden Bernstein at Kellogg Hansen.

  • Keys To Managing The Stresses Of Law School Author Photo

    Dealing with the pressures associated with law school can prove difficult for many future lawyers, but there are steps students can take to manage stress — and schools can help too, say Ryan Zajic and Dr. Janani Krishnaswami at UWorld.

  • Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts? Author Photo

    Amid ongoing disagreements on whether states should mandate implicit bias training as part of attorneys' continuing legal education requirements, Stephanie Wilson at Reed Smith looks at how unconscious attitudes or stereotypes adversely affect legal practice, and whether mandatory training programs can help.

  • Ditch The Frills And Start Writing Legal Letters In Plain English Author Photo

    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.

  • Ask A Mentor: How Can I Negotiate My Separation Agreement? Author Photo

    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.

  • DoNotPay Cases Underscore Hurdles For AI-Fueled Legal Help Author Photo

    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.

  • For The Future Of Legal Practice, Let's Learn From The Past Author Photo

    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.

  • Why All Law Firms Should Foster Psychological Capital Author Photo

    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.

  • A GC's Guide To Litigation, Inspired By Sun Tzu's 'Art Of War' Author Photo

    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.

  • ChatGPT Is A Cool Trick, But AI Won't Replace Lawyers Author Photo

    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.

  • Pro Bono Work Is Valuable In IP And Continued Learning Author Photo

    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.

  • Increasing Public Access To Legal Services: A Practical Plan Author Photo

    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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