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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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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Judges See An Immigration Court Gutted From Inside
Eight former immigration judges who spoke to Law360 say the rough treatment of the immigration courts in President Donald Trump's second term poses an unprecedented threat to judicial independence and is eroding immigrants' due process rights.
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Contractor Sues Over Delays To 4th Circ. Courthouse Project
A Virginia-based contractor is suing the General Services Administration, claiming that the agency hasn't paid for more than $500,000 of construction work on the Fourth Circuit's Lewis F. Powell Jr. U.S. Courthouse in Richmond.
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3 Argument Sessions Benefits Attys Should Watch In Nov.
The Third Circuit will hear a union's appeal in a withdrawal liability battle, a union health plan defends its partial win in a coverage fight at the Ninth Circuit, and pharmacy benefit managers will take a challenge to the Federal Trade Commission's authority to the full Eighth Circuit. Here are three arguments to keep an eye on in November.
Expert Analysis
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Keys To Managing The Stresses Of Law School
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.
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Can Mandatory CLE Mitigate Implicit Bias's Negative Impacts?
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.
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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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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.