Courts


  • Ignore Circuits, Follow Scalia, Justices Told In Deadlines Duel

    How can a U.S. Supreme Court advocate persuade the justices to spurn the near-universal views of circuit courts? One option appeared Tuesday at arguments over deadlines to vacate judgments, as a Williams & Connolly lawyer invoked Justice Antonin Scalia's influential methods — and seemingly found a receptive audience.

  • Pa. Dem Justices Survive GOP Retention-Denial Campaign

    Three Democratic Pennsylvania Supreme Court Justices will remain on the bench after surviving a Republican-led campaign to oust them via a retention vote, according to preliminary election results Tuesday.

  • Bankruptcy Judge Taken Off GWG Case Amid Scandal Fallout

    The federal judge overseeing GWG Holdings' bankruptcy case has been removed because of his professional relationship with embattled former U.S. Bankruptcy Judge David R. Jones, a decision the chief bankruptcy judge attributed not to the GWG judge's "own actions," but to Jones's "abuse" of judicial authority.

  • 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.

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Expert Analysis

  • 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.

  • Modernizing Legal Education Through Hybrid JD Programs Author Photo

    Amid pandemic-era shifts in education, law schools and other stakeholders should consider the wide geographic and demographic reach of Juris Doctor programs with both online and in-person learning options, and educators should think through the various ways hybrid programs can be structured, says Stephen Burnett at All Campus.

  • How BigLaw Can Mirror Small Firm Attorney Engagement Author Photo

    BigLaw has the unique opportunity to hit refresh post-pandemic and enhance attorney satisfaction by adopting practices that smaller firms naturally employ — including work assignment policies that can provide junior attorneys steady professional development, says Michelle Genet Bernstein at Mark Migdal.

  • Ditch The Annual Review To Boost Attorney Job Satisfaction Author Photo

    In order to attract and retain the rising millennial generation's star talent, law firms should break free of the annual review system and train lawyers of all seniority levels to solicit and share frequent and informal feedback, says Betsy Miller at Cohen Milstein.

  • How Attorneys Can Narrow LGBTQ Gap In The Judiciary Author Photo

    Lawyers can take several steps to redress the lack of adequate LGBTQ representation on the bench and its devastating impact on litigants and counsel in the community, says Janice Grubin, co-chair of the Judiciary Committee at the LGBT Bar Association of Greater New York.

  • Employers Must Heed Rising Attorney Stress And Alcohol Use Author Photo

    Krill Strategies’ Patrick Krill, who co-authored a new study that revealed alarming levels of stress, hazardous drinking and associated gender disparities among practicing attorneys, highlights how legal employers can confront the underlying risk factors as both warnings and opportunities in the post-COVID-19 era.

  • Lawyers Can Get Ready For Space Law To Take Flight Author Photo

    While international agreements for space law have remained relatively unchanged since their creation decades ago, the rapid pace of change in U.S. laws and policies is creating opportunities for both new and veteran lawyers looking to break into this exciting realm, in either the private sector or government, says Michael Dodge at the University of North Dakota.

  • Series

    Ask A Mentor: What Makes A Successful Summer Associate? Author Photo

    Navigating a few densely packed weeks at a law firm can be daunting for summer associates, but those who are prepared to seize opportunities and not afraid to ask questions will be set up for success, says Julie Crisp at Latham.

  • How To Successfully Market Your Summer Associate Program Author Photo

    Law firms can attract the right summer associate candidates and help students see what makes a program unique by using carefully crafted messaging and choosing the best ambassadors to deliver it, says Tamara McClatchey, director of career services at the University of Chicago Law School.

  • Opinion

    Judges Deserve Congress' Commitment To Their Safety Author Photo

    Following the tragic attack on U.S. District Judge Esther Salas' family last summer and amid rising threats against the judiciary, legislation protecting federal judges' personal information and enhancing security measures at courthouses is urgently needed, says U.S. District Judge Roslynn Mauskopf, director of the Administrative Office of the U.S. Courts.

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    Ask A Mentor: How Can Recalcitrant Attys Use Social Media? Author Photo

    Social media can be intimidating for reluctant lawyers but it can also be richly rewarding, as long as attorneys remember that professional accounts will always reflect on their firms and colleagues, and follow some best practices to avoid embarrassment, says Sean Marotta at Hogan Lovells.

  • Keys To Digitizing Inefficient Contract Management Processes Author Photo

    Neville Eisenberg and Mark Grayson at BCLP explain how they sped up contract execution for one client by replacing email with a centralized, digital tool for negotiations and review, and how the principles they adhered to can be helpful for other law firms looking to improve poorly managed contract management processes.

  • Series

    Ask A Mentor: How Can Firms Coach Associates Remotely? Author Photo

    Practicing law through virtual platforms will likely persist even after the pandemic, so law firms and senior lawyers should consider refurbishing their associate mentoring programs to facilitate personal connections, professionalism and effective training in a remote environment, says Carol Goodman at Herrick Feinstein.

  • How Law Firms Can Welcome And Celebrate Autistic Lawyers Author Photo

    As the U.S. observes Autism Acceptance Month, autistic attorney Haley Moss describes the societal barriers and stereotypes that keep neurodivergent lawyers from disclosing their disabilities, and how law firms can better accommodate and level the playing field for attorneys whose minds work outside of the prescribed norm.

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