Daily Litigation

  • Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit

    A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.

  • Nike Wins Another Look At TM Atty Fees Ruling At 3rd Circ.

    The Third Circuit on Wednesday undid a $5 million attorney fee award to a Pennsylvania clothing manufacturer that sued Nike Inc. for trademark infringement, ordering a federal trial court to look more closely at the specifics of the case to determine if the outcome was truly "exceptional."

  • Bang Energy Drink Co. Ex-CEO Urges DQ Of Ch. 11 Judge

    The former CEO of the company that makes Bang energy drinks urged the disqualification of a Florida federal bankruptcy judge and called for an investigation, alleging that the judge committed misconduct in the company's Chapter 11 case, according to a complaint filed with the Eleventh Circuit.

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    Margolis Edelstein Fights Bid To Revive Malpractice Suit

    An attorney representing Margolis Edelstein told the Delaware Supreme Court on Wednesday that an insurer's malpractice suit against the law firm shouldn't be revived as the firm's purported negligence wasn't the reason the insurer settled an underlying dispute for $1.2 million.

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    NY Judge Slams 'Whopping' Brief In Terror Suit As Dickensian

    A New York federal magistrate judge lectured attorneys in a lawsuit alleging a Pakistani bank funded terrorism, saying a recent joint status letter exceeded the limit by 70 pages and the parties are turning the case into a modern Jarndyce v. Jarndyce from the Charles Dickens classic "Bleak House."

  • Walmart IP Foe May Face $2.9M Penalty After Jury Win Tossed

    Counsel for a food tech startup that saw its $115 million patent infringement verdict against Walmart nixed may be ordered to pay the retail giant's $2.9 million legal bill due to misrepresentations about a key piece of evidence, an Arkansas federal judge said.

  • Former Conn. Top Public Defender Claims Bias Led To Ouster

    The former chief public defender in Connecticut has filed a second action challenging her June 4 ouster for misconduct, lodging an administrative appeal in state court that claims racial bias.

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    Former McElroy Deutsch CFO Hits Ch. 11 Amid Theft Cases

    McElroy Deutsch Mulvaney & Carpenter's former chief financial officer filed for bankruptcy in New Jersey this week as he awaits sentencing for embezzling over $1.5 million from the firm over a period of years via fraudulent bonuses.

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    Maynard Nexsen IP Trio Joins Nixon Peabody In Calif.

    Nixon Peabody LLP is continuing to grow its intellectual property practice on the West Coast, adding three former Maynard Nexsen PC partners, including a former practice chair.

  • 2 Roundup MDL Cases Axed After Plaintiffs Fail To Act

    A California federal judge presiding over multidistrict personal injury litigation related to the Monsanto herbicide Roundup has ended two of the numerous cases, with one tossed for failure to prosecute and the second ending in an early win for Monsanto after the plaintiff failed to file a response, amid ongoing concerns that plaintiffs' attorneys are overtaxed.

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    Longtime Axinn Atty To Chair Polsinelli's Hatch-Waxman Team

    A practice leader from Axinn Veltrop & Harkrider LLP, known in part for his high-profile work on behalf of pharmaceutical clients, is joining Polsinelli PC to chair its Hatch-Waxman and biologics practice, the firm announced on Tuesday.

  • Bankruptcy Filing Halts Dueling Unions' Defamation Dispute

    One of two security and law enforcement unions embroiled in defamation suits in Michigan federal court has informed the court that it has filed for bankruptcy in Pennsylvania, pausing the claims against it a week before trial.

  • Worker Says Law Firm Fired Her For Flagging Harassment

    A law firm brushed off a former accounts payable specialist's complaints that a male contractor was harassing her, telling her his actions were "laughable," and then fired her after she continued to bring up his conduct, she told a Virginia federal court.

  • Pa. Developer's Heirs, Foundation Can't Appeal Fee Denial

    The Supreme Court of Pennsylvania won't take up a fee dispute stemming from a disagreement over the control of a foundation established by Pittsburgh developer Jack Buncher.

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    Ex-Maryland Insurance Commissioner Rejoins DLA Piper

    Former Maryland Insurance Commissioner Kathleen Birrane has rejoined DLA Piper to lead the firm's U.S. insurance regulatory practice.

  • NY Judge In Trump Case OKs Narrow Subpoena For Atty

    An attorney who told reporters he held an impromptu hallway conversation with a New York state judge in the lead-up to February's $464.6 million civil fraud judgment against Donald Trump must turn over any communications he had with the court regarding the underlying action, according to a Tuesday ruling.

  • Amazon Judge Offers To Quit COVID Pay Case

    A Colorado federal judge urged Amazon and workers suing the company over unpaid COVID-19 screenings to file briefs on whether he should recuse himself from the case, disclosing that his son works for what he believes is an Amazon affiliate.

  • Reed Smith's Work In Eletson Ch. 11 'Deficient,' Creditors Say

    Unsecured creditors of shipping company Eletson asked a New York bankruptcy judge to reject or pare back fees for Reed Smith, arguing that the law firm's work on the shipper's Chapter 11 plan and disclosure statement was "deficient."

  • NJ Atty Must Face Claims Over Not Reviving Malpractice Suit

    The New Jersey state appeals court reversed a trial court decision Tuesday and reinstated a malpractice case against a solo practitioner who allegedly blew a filing deadline and caused his clients to lose a separate malpractice suit.

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    McDermott Lands 22-Year Latham Securities Litigator In LA

    McDermott Will & Emery has brought in the global co-chair of Latham & Watkins LLP's securities litigation and professional liability practice group to join its Los Angeles office.

  • Ex-Worker Says She Was Assaulted By Fulton Court Staffer

    A former Fulton County Clerk of Superior and Magistrate Courts employee has filed a lawsuit against the clerk and county for allegedly protecting and enabling a senior staff member who she says sexually assaulted and harassed her.

  • Tampa Atty Accused Of Fraud In Long-Running House Dispute

    A Tampa-area estate lawyer has been accused of fraud conspiracy in a state court lawsuit brought by a former tax attorney who alleges that her house was taken to collect fees stemming from a false guardianship case, saying a court order that revoked possession of the property violated the Florida Constitution.

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    Cognizant Pays CFO's Settlement With Jilted Ex-Employer

    Cognizant Technology Solutions Corp. has paid over a half million dollars to its chief financial officer to cover his legal costs after he was sued by his former employer for an alleged breach of noncompete and confidentiality agreements.

  • Ousted Fla. Atty Pushes 11th Circ. To Speed Up Review

    Suspended Florida prosecutor Andrew Warren is once again asking the Eleventh Circuit to expedite a mandate to a lower court to reconsider his case against Gov. Ron DeSantis, arguing that a single judge has stopped it from moving forward for nearly six months.

  • Davis Malm, Partner Dropped From Investor Suit

    Davis Malm & D'Agostine PC and one of its partners have been dropped from a suit alleging a former client of the firm convinced a group of investors to back a startup, then misused their funds.

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Expert Analysis

  • 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.

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    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.

  • Law Firm Tips For Evaluating AI And Machine Learning Tools Author Photo

    Many legal technology vendors now sell artificial intelligence and machine learning tools at a premium price tag, but law firms must take the time to properly evaluate them as not all offerings generate process efficiencies or even use the technologies advertised, says Steven Magnuson at Ballard Spahr.

  • A Call For Personal Accountability On Diversity And Inclusion Author Photo

    While chief legal officers are increasingly involved in creating corporate diversity, inclusion and anti-bigotry policies, all lawyers have a responsibility to be discrimination busters and bias interrupters regardless of the title they hold, says Veta T. Richardson at the Association of Corporate Counsel.

  • Learning How To Code Can Unleash New Potential In Lawyers Author Photo

    Every lawyer can begin incorporating aspects of software development in their day-to-day practice with little to no changes in their existing tools or workflow, and legal organizations that take steps to encourage this exploration of programming can transform into tech incubators, says George Zalepa at Greenberg Traurig.

  • Supporting Associates Amid Pandemic's Mental Health Toll Author Photo

    As junior associates increasingly report burnout, work-life conflict and loneliness during the pandemic, law firms should take tangible actions to reduce the stigma around seeking help, and to model desired well-being behaviors from the top down, say Stacey Whiteley at the New York State Bar Association and Robin Belleau at Kirkland.

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    Ask A Mentor: Should My Law Firm Take On An Apprentice? Author Photo

    Mentoring a law student who is preparing for the bar exam without attending law school is an arduous process that is not for everyone, but there are also several benefits for law firms hosting apprenticeship programs, says Jessica Jackson, the lawyer guiding Kim Kardashian West's legal education.

  • The Importance Of Client Engagement In Law Firm Innovation Author Photo

    As clients increasingly want law firms to serve as innovation platforms, firms must understand that there is no one-size-fits-all approach — the key is a nimble innovation function focused on listening and knowledge sharing, says Mark Brennan at Hogan Lovells.

  • The Unique Challenges Facing Women-Owned Law Firms Author Photo

    In addition to establishing their brand from scratch, women who start their own law firms must overcome inherent bias against female lawyers and convince prospective clients to put aside big-firm preferences, says Joel Stern at the National Association of Minority and Women Owned Law Firms.

  • The Pursuit Of Wellness In BigLaw: Lessons From My Journey Author Photo

    Jane Jeong at Cooley shares how grueling BigLaw schedules and her own perfectionism emotionally bankrupted her, and why attorneys struggling with burnout should consider making small changes to everyday habits.

  • Why We Must Recruit And Advance More Black Prosecutors Author Photo

    Black Americans make up a disproportionate percentage of the incarcerated population but are underrepresented among elected prosecutors, so the legal community — from law schools to prosecutor offices — must commit to addressing these disappointing demographics, says Erika Gilliam-Booker at the National Black Prosecutors Association.

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    Ask A Mentor: How Can Associates Deal With Overload? Author Photo

    Young lawyers overwhelmed with a crushing workload must tackle the problem on two fronts — learning how to say no, and understanding how to break down projects into manageable parts, says Jay Harrington at Harrington Communications.

  • A Scientific Path For Improving Diversity At Law Firms Author Photo

    Law firms could combine industrial organizational psychology and machine learning to study prospective hires' analytical thinking, stress response and similar attributes — which could lead to recruiting from a more diverse candidate pool, say Ali Shahidi and Bess Sully at Sheppard Mullin.

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    Ask A Mentor: How Can Associates Seek More Assignments? Author Photo

    In the first installment of Law360 Pulse's career advice guest column, Meela Gill at Weil offers insights on how associates can ask for meaningful work opportunities at their firms without sounding like they are begging. 

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