Daily Litigation


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    New ABA Chief Seeks To 'Streamline' Org., Defend Democracy

    The American Bar Association's new president, Barbara J. Howard, will focus on twin goals of defending democracy against expected unprecedented attacks associated with this year's midterm elections, while also reorganizing the association to run more efficiently, as she kicks off her one-year term this month.

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    No Simpson Thacher Malpractice In PIPE Case, Jury Finds

    Simpson Thacher & Bartlett LLP escaped a malpractice lawsuit late Thursday over its representation of Patriot National Inc. in a private investment in public equity transaction in the years before the company's downfall.

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    Fisher Phillips Grows With Pair Of NJ Employment Litigators

    Management-side labor law firm Fisher Phillips has brought aboard a pair of new partners in New Jersey who bring deep experience in employment litigation from Carmagnola & Ritardi LLC and Kaufman Dolowich LLP, the firm said Wednesday.

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    Rising Star: Taft's EJ Thomas

    E.J. Thomas of Taft Stettinius & Hollister LLP has helped foreign clients push back against U.S. antidumping and countervailing duty orders, securing roughly $100 million in savings for a Turkish pipe producer among other big wins, earning him a spot among the international trade attorneys under age 40 honored by Law360 as Rising Stars.

  • Rising Star: Phillips & Associates' Melissa Berouty

    Melissa Berouty of Phillips & Associates helped secure a $5.25 million settlement for a BigLaw partner who claimed that she faced sexual harassment and assault and a $2.1 million settlement for a worker who claimed whistleblower retaliation, earning her a spot among the employment law practitioners under age 40 honored by Law360 as Rising Stars.

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    Rising Star: Morgan Lewis' Zachary Johns

    Zachary Johns of Morgan Lewis & Bockius LLP helped hospital network Aspirus escape an illegal monopoly lawsuit by convincing the court the plaintiffs' impact and damages model didn't hold water, earning him a spot among antitrust attorneys under age 40 honored by Law360 as Rising Stars.

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    Pa. Atty Gets 1-Year Suspension Over Mishandled Injury Case

    A Pittsburgh-area attorney accused of failing to communicate regularly with a former client will be unable to practice in Pennsylvania for 12 months after the state Supreme Court suspended his license.

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    Camp Mystic Accused Of 'Forum Shopping' With Flooding Suit

    The parents of a child swept away by floodwaters at Camp Mystic last year are asking a Texas federal court to send their wrongful death suit against it back to state court, saying the camp is "forum shopping" and attempting to "restart" the litigation.

  • 2 Law Firms Say IRS Wrongly Denied COVID-19 Tax Credits

    A pair of law firms are alleging in Georgia federal court that the Internal Revenue Service wrongly denied their claims to employee retention credits, a tax incentive created during the height of the COVID-19 pandemic to encourage businesses to keep workers on their payrolls.

  • CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • Drexel Can't Shake Prof's Retaliation Suit, Pa. Judge Rules

    A tenured philosophy professor's retaliation claims against Drexel University will proceed to trial after a Pennsylvania federal court denied the university's bid for an early win, finding that genuine factual disputes remain over whether the university's course format change was retaliatory.

  • Conn. Atty To Fork Over $3,500 For AI Errors In Taco TM Beef

    A Connecticut federal judge imposed a $3,500 fine on a defense attorney who submitted two motions riddled with AI-generated mistakes in a taco restaurant's trademark battle, finding that although the lawyer expressed remorse and promised to make changes to his verification process, he still showed "subjective bad faith."

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    Murdaugh Loses Jury Tampering Suit Against Ex-Court Clerk

    A South Carolina federal judge on Wednesday dismissed disgraced attorney Alex Murdaugh's jury tampering suit against a former court clerk who was found to have interfered in his murder trial, ruling there was no connection between his alleged damages and the ex-clerk's misconduct.

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    3 Things To Know About The ABA's New President-Elect

    California-based attorney Laura V. Farber became president-elect of the American Bar Association this week after decades of leadership experience within the organization and her local community.

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    Simpson Thacher Witness Takes Aim At PIPE Stocks Claim

    Simpson Thacher & Bartlett LLP wrapped up its defense Wednesday to a Florida state malpractice suit from the founder of Patriot National Inc. over the firm's handling of a private investment in public equity transaction, with a stock market expert testifying that short selling stock allowed under the deal didn't lead to the insurance services company's downfall.

  • Atty Scolded Over Bogus Cases In San Antonio School Fight

    A Texas state appellate panel on Wednesday admonished counsel for submitting a brief with four bogus case citations likely generated by artificial intelligence in defending a parent's lawsuit against a school district for suspending her fifth-grade son.

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    McNees Wallace Botched Winery Land Dispute, Suit Says

    The owner of a York County, Pennsylvania, winery who was forced to shut down his business says he suffered more than $2 million in damages after attorneys with McNees Wallace & Nurick LLP mishandled a dispute with neighboring property owners.

  • Cole Schotz Adds IP Pro From Winstead In Dallas

    Cole Schotz PC has added a veteran intellectual property attorney with over two decades of experience to its Dallas office as a member from Winstead PC.

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    Rising Star: Littler's Rocio Blanco Garcia

    Littler Mendelson PC shareholder Rocio Blanco Garcia's litigation work helped to clarify how employers can beat whistleblower cases in the Eleventh Circuit, and her advisory work gave thousands of employees of a Florida county access to paid parental leave, earning her a spot among the employment lawyers under age 40 honored by Law360 as Rising Stars.

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    Brown Rudnick Adds 34 Attys, Will Open Silicon Valley Office

    Brown Rudnick LLP announced on Wednesday that it had lured a 34-attorney intellectual property litigation group from Herbert Smith Freehills Kramer LLP and would be opening a Silicon Valley office with many of those lawyers.

  • Ashurst Perkins, Nail Co. Lose Doc Bids In Malpractice Suit

    Ashurst Perkins Coie won't have to turn over documents related to its predecessor firm's work for an Omani screw and nail manufacturer in international trade proceedings that are now the subject of a legal malpractice case, a Washington court has ruled, while also denying a discovery request from the firm. 

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    These Firms Are Landing The Most Patent Litigation Work

    Rabicoff Law and Ramey LLP have maintained their roles as top patent suit filers, while Fish & Richardson PC and Gillam & Smith LP have remained leaders on defense teams, according to Lex Machina's annual patent litigation report.

  • Ex-Flextronics GC Deputy Can't Ditch Calif. IP Theft Suit

    The former deputy general counsel for Flextronics AP LLC cannot escape litigation alleging he sought to transfer company patents to a startup he secretly co-founded before leaving the Singapore electronics giant subsidiary, a California federal judge has ruled.

  • Day Pitney Dropped From Suit Over Ex-Justice's Involvement

    A Connecticut state court judge allowed Day Pitney LLP to withdraw from a $1.3 million corporate windup feud after the involvement of one of its partners, a former chief justice on the state Supreme Court, came to light, negating the defendants' call for an evidentiary hearing on a motion to disqualify the firm.

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Expert Analysis

  • 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.

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    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.

  • Priorities For Improving The Legal Industry In Texas Author Photo

    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.

  • Leading Your Law Firm's Creation Of A New Practice Group Author Photo

    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.

  • Series

    Ask A Mentor: How Do I Relay Shortcomings To Associates? Author Photo

    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.

  • 10 Principles For Effective Partner Reward Systems Author Photo

    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.

  • Why Interdisciplinarity Is Key To Designing The Future Of Law Author Photo

    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.

  • Incorporating ADA Guidance Into Lawyer Wellness Movement Author Photo

    The Americans with Disabilities Act and rules of professional conduct may help the legal profession promote lawyer well-being by focusing on mental conditions' actual impact, rather than on associated stereotypes, says Alex Long at the University of Tennessee College of Law.

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