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Daily Litigation
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Court Won't Hear Atty's Challenge To Fee Dispute Loss
A Connecticut appeals court has turned away an attorney's challenge to his loss at a trial that pitted him against another lawyer in a dispute over the sharing of settlement funds, finding that Donald M. Brown blew past a deadline to follow a court order.
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ExamSoft Wants Bar Taker's $2M Software Crash Suit Canned
ExamSoft has asked a Connecticut federal judge to dismiss a bar examinee's $2 million software crash lawsuit, saying her claims of disability-based discrimination fail because she did not allege the software "poses an imminent threat of harm or is currently inflicting harm."
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Chancery Awards $176M Atty Fee In Tesla Board Pay Suit
Delaware's chancellor approved on Wednesday a $176.16 million Tesla stockholder class attorney fee award to three firms for a settlement of an excessive director compensation suit that is expected to return $734 million to the company through a combination of director stock, option and cash givebacks.
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Republican AGs Rebuke Proposed ABA Diversity Rule Change
Republican state attorneys general representing 21 states are pushing back against proposed changes to the American Bar Association's diversity and inclusion standards for law schools, cautioning that they run afoul of precedent the U.S. Supreme Court established when it struck down affirmative action in 2023.
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Calif. Justices Urged To Rescue Malicious Prosecution Claims
A fugitive recovery agent urged the California Supreme Court on Tuesday to revive malicious prosecution claims that a lower court struck under the attorney-malpractice law's one-year statute-of-limitations, arguing that he never had an attorney-client relationship with the defendant and so the two-year statute-of-limitations for tort claims must apply.
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Hacked LA Law Firm Hill Farrer Beats Suit Over Cyberattack
A Los Angeles judge Tuesday tossed a proposed class action against Hill Farrer & Burrill LLP alleging it failed to stop a preventable cyberattack carried out by hackers and said he would not allow for the complaint to be amended because the case law cited by the lead plaintiff is deficient.
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Keller Postman Drops Suit Against Jenner & Block, For Now
Keller Postman LLC has dismissed its suit accusing Jenner & Block LLP of using unethical tactics to gain leverage in mass arbitration against the streaming service Tubi but requested the complaint be dismissed without prejudice.
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Biotech Co. Urges NC Panel To Revive Legal Malpractice Suit
A biotech company that lost a $22 million libel suit brought by a pharmaceutical executive has asked a North Carolina appeals panel for another shot at legal malpractice claims against its former legal counsel, arguing that a savings provision expands the statute of repose for the voluntarily dismissed claim to be revived.
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Ga. Court Backs Trial Judge's Atty Fees Award In Crash Case
The Georgia Court of Appeals has affirmed an award of $424,000 in additional attorney fees and costs in a car crash suit that ended in a $3 million verdict and $1.25 million in fees and costs, rejecting the plaintiff's argument that the trial court should have made a larger award but used the wrong legal standard.
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Law Firm Sought To Collect Expired Debts, 3rd Circ. Told
A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.
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Title Insurer Says Atty Skipped Bills, Let Staff Steal IOLTA
Title insurer CATIC has fired back at a Connecticut attorney suing over his removal from the boards of two affiliated companies, accusing him of not paying bills, failing to prevent staffers from stealing money from his trust account, and breaching his duties to the company.
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Fox Rothschild Adds Lawyer From King & Wood Mallesons
Fox Rothschild LLP announced the latest addition to its New York office on Monday, welcoming a former lawyer with the Manhattan District Attorney's Office and U.S. Department of Justice from Asia-based firm King & Wood Mallesons.
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Quinn Emanuel Says NAFTA Case Irrelevant In DQ Bid
A Mexican oil company and its subsidiaries cannot add "undisputedly irrelevant" supplementary information about former counsel Quinn Emanuel amid a disqualification bid, the law firm has told a Miami federal court, arguing that the requested documents, including the dismissal of a NAFTA arbitration Quinn Emanuel brought against Mexico, are either unrelated to the underlying litigation or duplicative.
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McGuireWoods Grows In Pittsburgh With Employment Atty
An attorney specializing in employment litigation matters and advising companies on compliance strategies has moved her practice to McGuireWoods' Pittsburgh office after nearly six years with Buchanan Ingersoll & Rooney PC.
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Fla. Judge Denies Attys' Recusal Bid In Malpractice Case
A Florida state judge has denied a request to recuse himself in a legal malpractice case by the victim of a car accident, rejecting the defense's argument that he should be disqualified because he oversaw the underlying matter.
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Amazon Says Worker's $1.6M Atty Fees Are Excessive
An Amazon employee hasn't prevailed in his claims that the e-commerce giant hurdled his promotions for his U.S. Marine Corps Reserve leave, the company said, urging a Washington federal court to deny his $1.63 million in attorney fees requested as part of his settlement.
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Gibbons Brings On Prudential Employment Legal Chief In NJ
Gibbons PC has expanded its employment and labor law practice group with the addition of the former chief legal officer for labor and employment at Prudential.
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Alston & Bird Partner Class Highlights Litigation Bench
Litigators again dominated Alston & Bird's partner class this year as the firm announced Tuesday that it had promoted a roster of 20 attorneys, slightly fewer than last year's 27.
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Approach The Bench: Justice Goodwin Liu On Oral Argument
When Goodwin Liu became a California Supreme Court justice in 2011, the constitutional law professor found the intellectual demands of judging similar to academia, but was surprised to learn that "the art of judging is much more practical than people think."
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O'Melveny Beats DQ Bid In Hyundai Trademark Dispute
A California federal judge has denied a bid to disqualify O'Melveny & Myers LLP from representing Hyundai Motor Co. in a trademark dispute with computing company Hyundai Technology Group, saying the firm's failure to destroy a clawed-back document didn't justify booting it from the case.
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Fisher Phillips Adds Dallas Employment Atty From Reed Smith
International labor and employment law firm Fisher Phillips has brought on a Dallas-based labor and employment partner with expertise in a wide range of litigation — from class and collective actions to restrictive covenant claims — the firm announced Monday.
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Ga. County Officials Want Election Denier's Arrest Suit Stayed
A host of Floyd County, Georgia, officials and the law firm of the county attorney have asked a federal judge to stay a lawsuit brought against them by an election denier who alleged they conspired to have him jailed after he lobbied for the county attorney to be fired.
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Stoel Rives Adds San Diego Construction Atty As Partner
Stoel Rives LLP said construction and real estate attorney Kirsten Worley has joined the firm as a partner in its San Diego office.
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Human Rights First Adds Dorsey & Whitney Pro Bono Pro
New York-based nonprofit Human Rights First has brought on an attorney with more than 25 years of legal and humanitarian experience, including spending the last two decades at Dorsey & Whitney taking on high-profile human rights cases as well as complex civil litigation and criminal defense.
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Thompson Coburn Adds Former Federal Prosecutor In Dallas
Thompson Coburn LLP has added a former assistant U.S. attorney to its Dallas office, boosting its business litigation and white collar defense and investigations offerings in the growing North Texas market.
Expert Analysis
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Ask A Mentor: How Do I Juggle Billables And Other Activities?
While involvement in internal firm initiatives can be rewarding both personally and professionally, associates' billable time requirements don’t leave much room for other work, meaning they must develop strategies to ensure they’re meeting all of their commitments while remaining balanced, says Melanie Webber at Fisher Phillips.
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Making Legal Cents: How To Adapt As Clients Tighten Budgets
Amid a dip in corporate legal spending and client pushback on bills, Shireen Hilal at Maior Consultants highlights specific in-house counsel frustrations and explains how firms can provide customized legal advice with costs that are supported by undeniable value.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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General Counsel And Legal Ops Must Work Together
It is critical for general counsel to ensure that a legal operations leader is viewed not only as a peer, but as a strategic leader for the organization, and there are several actionable ways general counsel can not only become more involved, but help champion legal operations teams and set them up for success, says Mary O'Carroll at Ironclad.
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How Generative AI's Growing Memory Affects Lawyers
A new ChatGPT feature that can remember user information across different conversations has broad implications for attorneys, whose most pressing questions for the AI tool are usually based on specific, and large, datasets, says legal tech adviser Eric Wall.
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A Model For Optimal Legal Tech Investment Strategy
Legal organizations struggling to work out the right technology investment strategy may benefit from using a matrix for legal department efficiency that is based on an understanding of where workloads belong, according to the basic functions and priorities of a corporate legal team, says Sylvain Magdinier at Integreon.
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Series
My Nonpracticing Law Job: Recruiter
Self-proclaimed "Lawyer Doula" Danielle Thompson at Major Lindsey shares how she went from Columbia Law School graduate and BigLaw employment associate to a career in legal recruiting — and discovered a passion for advocacy along the way.
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Series
Ask A Mentor: How Do I Balance Social Activism With My Job?
Corporate attorneys pursuing social justice causes outside of work should consider eight guidelines for finding equilibrium between their beliefs and their professional duties and reputation, say Diedrick Graham, Debra Friedman and Simeon Brier at Cozen O'Connor.
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Personality Tests And Machine Learning Applications In Law
Mateusz Kulesza at McDonnell Boehnen looks at potential applications of personality testing based on machine learning techniques for law firms, and the implications this shift could have for lawyers, firms and judges, including how it could make the work of judges and other legal decision-makers much more difficult.
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AI Is Reshaping Lawyering: What To Expect In 2024
The future of lawyering is not about the wholesale replacement of attorneys by artificial intelligence, but as AI handles more of the routine legal work, the role of lawyers will evolve to be more strategic, requiring the development of competencies beyond traditional legal skills, says Colin Levy at Malbek.
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Embrace Active Voice In Legal Writing — In Most Cases
Legal writers should strive to craft sentences in the active voice to promote brevity and avoid ambiguities that can spark litigation, but writing in the passive voice is sometimes appropriate — when it's a moral choice and not a grammatical failure, says Diana Simon at the University of Arizona's James E. Rogers College of Law.
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Series
Ask A Mentor: How Can I Help Associates Turn Down Work?
Marina Portnova at Lowenstein Sandler discusses what partners can do to aid their associates in setting work-life boundaries, especially around after-hours assignment availability.
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How AI Legal Research Tools Are Shifting Law Firm Processes
Although artificial intelligence-powered legal research is ushering in a new era of legal practice that augments human expertise with data-driven insights, it is not without challenges involving privacy, ethics and more, so legal professionals should take steps to ensure AI becomes a reliable partner rather than a source of disruption, says Marly Broudie at SocialEyes Communications.
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Data Source Proliferation Is A Growing E-Discovery Challenge
With the increased usage of collaboration apps and generative artificial intelligence solutions, it's not only important for e-discovery teams to be able to account for hundreds of existing data types today, but they should also be able to add support for new data types quickly — even on the fly if needed, says Oliver Silva at Casepoint.
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Bracing For A Generative AI Revolution In Law
With many legal professionals starting to explore practical uses of generative artificial intelligence in areas such as research, discovery and legal document development, the fundamental principle of human oversight cannot be underscored enough for it to be successful, say Ty Dedmon at Bradley Arant and Paige Hunt at Lighthouse.