Courts


  • 2nd Circ. Revives Habeas Petition Over Counsel's Mistake

    A divided Second Circuit panel ruled Tuesday that because a convicted sex trafficker's counsel during his first criminal appeal made an admittedly "inexcusable" mistake, the convict should be granted a second chance via a habeas petition to challenge his sentence.

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    DOJ Ignores Court Discovery Order In Letitia James Case

    The U.S. Department of Justice has refused to provide New York Attorney General Letitia James access to documents related to her October indictment on mortgage fraud charges, arguing Tuesday that a Virginia federal judge was too early in making the discovery order.

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    Confirmation Ends Dem-Appointed Judges' Lock On 1st Circ.

    The Senate voted 52-46 on Tuesday to confirm Joshua D. Dunlap, a partner at Pierce Atwood LLP, to the First Circuit.

  • Conn. Firm Bookkeeper Asks To Delay Embezzlement Trial

    A former law firm bookkeeper accused of embezzling $835,000 from the legal practice and from its managing partner's rental business asked a Connecticut federal judge on Monday to delay a scheduled January jury trial because of a health issue that requires surgery.

  • Ga. Justices Uphold Ex-Atty's Matricide Conviction

    The Supreme Court of Georgia on Tuesday upheld the murder conviction of a disbarred Peach State attorney who was found guilty of killing his mother on the day he was due to report to prison for stealing clients' money, ruling that "ample" circumstantial evidence tied him to the scene of the crime.

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    2nd Circ. Hints Bankman-Fried's $11B Forfeiture Is Overkill

    The Second Circuit suggested Tuesday that the government's $11 billion forfeiture order against Sam Bankman-Fried may be unconstitutionally large, noting that the staggering amount tops the raft of cases tasking the court with determining if such money judgments pass Eighth Amendment muster.

  • Feds Defend Cases Against James Comey, Letitia James

    The U.S. Department of Justice on Monday took a swing at bids by former FBI Director James Comey and New York Attorney General Letitia James to get their indictments thrown out, telling a federal judge the appointment of interim U.S. Attorney Lindsey Halligan was valid.

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    The Lone Ranger Facing A BigLaw Powerhouse At High Court

    It might seem curious for a solo practitioner to decline offers of professional assistance in his first U.S. Supreme Court case. It might seem risky to go it alone against a BigLaw team led by an appellate icon. But a legal lone ranger arguing Tuesday at the high court is feeling confident, and he does have a friend proofreading briefs, just to be safe.

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    'Frankly, They're Irrelevant:' ABA Ratings In Trump's 2nd Term

    The American Bar Association, long considered the gold standard for rating judicial nominees, no longer gets to interview them as Trump officials claim the group's "not qualified" rating for some nominees during Trump's first term shows it is a biased and "leftist" organization. Ironically though, ABA ratings for President Donald Trump's second-term picks are mostly positive so far.

  • Justices Tackle Scope Of Military Contractor Liability

    The U.S. Supreme Court appeared hesitant on Monday to completely shelter U.S. military contractors engaged in combatant activities from liability for state-based injury claims, as the justices questioned whether doing so could hurt troops.

  • Judge Reminds Gov't To Follow Media Rules In James Case

    A Virginia federal judge has reminded the parties in the government's alleged bank fraud case against New York Attorney General Letitia James not to publicly discuss grand jury proceedings after U.S. Attorney Lindsey Halligan texted with a reporter about the case in October.

  • 10th Circ. Affirms Atty Fees Award In Habeas Actions

    The Tenth Circuit on Monday held that the Equal Access to Justice Act authorizes fee awards in habeas actions challenging immigration detention, affirming a Colorado federal court's ruling that a Guatemalan national can receive attorney fees after successfully petitioning for habeas relief from her immigration detention.

  • Court Orders Cannon To Act On Bid To Unseal Trump Report

    The Eleventh Circuit has given U.S. District Judge Aileen Cannon 60 days to rule on media groups' requests to unseal the final report from special counsel Jack Smith's investigation into President Donald Trump's handling of classified documents, ruling Monday that the organizations had established "undue delay" in resolving their motions.

  • Mich. Justices To Review If Indigent Defendant Must Pay Atty

    Michigan's highest court has said it will review a judge's decision to order a homeless man convicted of assault to pay his court-appointed counsel.

  • DC Public Defender Funding To Halt Because Of Shutdown

    Funding for public defender services in Washington, D.C., is about to run out as the government shutdown drags on, according to a recent letter from members of the D.C. Courts Joint Committee on Judicial Administration.

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    Black Man Granted New Trial In Mass. Over Lawyer's Bias

    A Black man who pled guilty to firearms offenses in 2018 after consulting with his lawyer — who was found to have made racist social media posts — is entitled to a new trial, Massachusetts' intermediate-level appeals court said Monday, unanimously reversing a lower court's decision.

  • New Loan Forgiveness Rule Targets Trump Critics, States Say

    Two lawsuits filed Monday, one by a coalition of states and the other by a group of cities, unions and advocacy organizations, are challenging a new Trump administration rule imposing "intentionally vague" and allegedly illegal restrictions on student loan forgiveness for public employees intended to stifle dissent.

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    Holtzman Vogel Grows In Miami With Former Fed. Prosecutor

    Holtzman Vogel Baran Torchinsky & Josefiak PLLC announced Monday that it has tapped a former assistant U.S. attorney for the Southern District of Florida to serve as a partner in its Miami office.

  • Ex-Paxton Attys Defend Conspiracy Suit Tied To Impeachment

    Three of Texas Attorney General Ken Paxton's top deputies are not immune from allegations that they conspired to retaliate against former colleagues who raised allegations of witness tampering and other ethical misdeeds during Paxton's impeachment, those former colleagues have told a Texas federal court.

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    Hartmann Doherty Adds Veteran Federal Prosecutor In NJ

    Hartmann Doherty Rosa Berman & Bulbulia LLP expanded its white collar practice on Monday by adding a partner bringing nearly 30 years of experience as both a federal and state prosecutor in New Jersey.

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    DeSantis Appoints Broward Judge To Fla. State Appeals Court

    A judge for the Seventeenth Judicial Circuit of Florida has been appointed to the state's Fourth District Court of Appeal.

  • Expert Sues DC Atty For Allegedly Pirating $30K J6 Report

    A Texas-based expert report author has accused a Washington, D.C., attorney and her firm of unlawfully copying and distributing a copyrighted report regarding jury pool attitudes toward cases related to the Jan. 6, 2021, storming of the U.S. Capitol in at least three separate criminal cases, unlawfully bypassing a $30,000 licensing fee.

  • Justices Skeptical Of Tolling Supervised-Release Absconders

    The U.S. Supreme Court appeared hesitant Monday to embrace the government's arguments that the "fugitive tolling" doctrine, which bans criminal defendants from earning credits to reduce prison sentences while they are not behind bars, should also be used to penalize defendants who abscond from supervised release.

  • Insurer Not Liable For Crypto Settlement Row, Judge Says

    An insurer for an attorney and his practice does not owe $275,000 to an investment company over a soured cryptocurrency deal that ended in a $700,000 settlement, a Pennsylvania federal court ruled, finding that a contractual liability exclusion in the attorney's policy applies. 

  • Up Next At High Court: Tariffs, Fugitives & Contractor Liability

    The U.S. Supreme Court will begin its November oral argument session Monday, during which the justices will consider President Donald Trump's authority to impose tariffs on foreign countries under an emergency statute, whether military contractors can be held liable for alleged breaches of contracts in war zones, and if there are time limits for litigants who want to vacate a void judgment. Here, Law360 breaks down the week's oral arguments.

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Expert Analysis

  • Why Firms Should Help Associates Do More Pro Bono Work Author Photo

    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.

  • Confronting The Stigma Of Alcohol Abuse In Legal Industry Author Photo

    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.

  • Opinion

    Lawyers Have Duty To Push For Immigration Court Reform Author Photo

    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.

  • Series

    ​​​​​​​Ask A Mentor: How Can 1st-Year Attys Manage Remote Work? Author Photo

    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.

  • 5 Ways To Lead Lawyer Teams Toward Better Mental Health Author Photo

    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.

  • How Your Summer Associate Events Can Convey Inclusivity Author Photo

    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.

  • Series

    Ask A Mentor: How Do I Negotiate Long-Term Flex Work? Author Photo

    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.

  • What I Wish Law Schools Taught Women About Legal Careers Author Photo

    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.

  • 4 Ways To Break Down Barriers For Women Of Color In Law Author Photo

    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.

  • Opinion

    We Need More Professional Diversity In The Federal Judiciary Author Photo

    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.

  • Series

    Ask A Mentor: How Do I Retire Without Creating Chaos? Author Photo

    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.

  • Why I Went From Litigator To Law Firm Diversity Officer Author Photo

    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.

  • For Asian American Lawyers, Good Mentorship Is Crucial Author Photo

    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.

  • Coping With Secondary Trauma From Pro Bono Work Author Photo

    As the need for pro bono services continues to grow in tandem with the pandemic, attorneys should assess their mental well-being and look for symptoms of secondary traumatic stress, while law firms must carefully manage their public service programs and provide robust mental health services to employees, says William Silverman at Proskauer.

  • How Firms Can Benefit From Creating Their Own ALSPs Author Photo

    As more law firms develop their own legal services centers to serve as both a source of flexible personnel and technological innovation, they can further enhance the effectiveness by fostering a consistent and cohesive team and allowing for experimentation with new technologies from an established baseline, say attorneys at Hogan Lovells.

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