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Updated: 2 hours 31 min ago

Divided 10th Circuit Reverses $1.5M in Sanctions Imposed on 2 Law Firms

Thu, 2023-11-09 17:18

"Attorneys have an independent duty to continually reevaluate their claims to avoid prolonging a meritless case," stated Judge Timothy M. Tymkovich in his dissent. "The failure to do so is sanctionable. Here, plaintiffs' counsel failed to avoid prolonging a meritless case."


Johnson & Johnson Battles 'Talc Tunnel Vision' in First Trial Since Bankruptcies

Thu, 2023-11-09 17:09

In opening statements on Thursday, Johnson & Johnson lawyer Kim Bruno, of Butler Snow, told a jury in Oakland, California, that plaintiff Marlin Eagles was exposed to asbestos from Naval Shipyards and his work at Peterbilt.


At Oral Argument, Massachusetts Justices Mull Whether Imposing Time Limits on Trials Is an Abuse of Discretion

Thu, 2023-11-09 16:47

The central question at issue was whether the lower court abused its discretion.


Finding Geographic Distance Minimizes Consumer Confusion, Judge Sides With Defense in Trademark Infringement Dispute

Thu, 2023-11-09 15:49

"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.


Ohio Cannabis / California Contract Suit / Georgia Delta-8 Ruling / Labor Union Rejected

Thu, 2023-11-09 14:45

Ohio voters approved recreational-use cannabis this week. But will the Ohio Legislature have the final say?


Antitrust Anxiety Abounds

Thu, 2023-11-09 14:03

Tracking Key Shifts in the Legal Ecosystem Each week, the Barometer newsletter, powered by the ALM Global Newsroom and Legalweek brings


'Everyone Was in the Dark': For Stroock Staff, No Communication, No Jobs

Thu, 2023-11-09 12:27

"Partners were not coming into the office much over the summer, and when they did, they didn't want to deal with questions," one former staffer said.


Laster Set to Make 'Very Tough Call' on Fox Derivative Case Leadership

Thu, 2023-11-09 12:01

Attorneys from two camps both sides voiced their thoughts on why their complaint makes a stronger argument and how their attorneys have a greater chance of working cooperatively in the breach of fiduciary duty litigation.


Inside Track: Should I Put That in an Email? Probably Not

Thu, 2023-11-09 10:13

"The 'e' in email also stands for 'evidence' and 'eternal,'" said Amy Manning, a partner at McGuire, Woods, Battle & Boothe.


Report: Tort Lawsuits Stuttered in 2022, but They're Poised to Bounce Back

Thu, 2023-11-09 10:11

The 2023 Torts Litigation Report, by Lex Machina, a division of LexisNexis, found there were 14,375 tort lawsuits filed in federal courts last year, among the lowest levels in a decade.


'Skills Matter': Legal Academics Laud Oregon's Historic Decision to Offer Alternative to Bar Exam

Thu, 2023-11-09 09:27

"The bar exam became a convenient way to test and evaluate aspiring lawyers en masse, but over time, the exam began to really depart from testing the knowledge and skills that new lawyers need," David Friedman, associate dean for strategic initiatives and professor of law at Willamette, said in a statement.


In-House Counsel Aren't Holding Law Firms Accountable on Diversity: The Morning Minute

Thu, 2023-11-09 05:00

The news and analysis you need to start your day.


Herbert Smith Freehills CEO Wins Second Term

Thu, 2023-11-09 05:00

Justin D'Agostino was first elected to the CEO role in 2019, taking up the position in May 2020.


After Big Law Letter to Law Schools, Deans Stay Silent, With Some Unclear About Its Purpose

Thu, 2023-11-09 04:00

"Of course, we join the law firms in condemning antisemitism and Islamophobia," one law school dean said. "I am unsure, though, what the letter is asking the schools to do."


With Stroock Group, Hogan Lovells Seeks Bigger Bite Out of Big Apple

Thu, 2023-11-09 04:00

"They've made a lot of strides in building their corporate practice over the last few years," said one recruiter. "Adding this real estate practice to it only raises their profile more."


After Mistrial in Outback Steakhouse Slip-and-Fall Case, Plaintiff Remains Without Counsel as February Retrial Looms

Wed, 2023-11-08 15:37

"In this matter, there is no new counsel for Ms. Haysbert, a pending motion of sanctions against Mr. McKelvey, a request to select a new trial date submitted by Mr. McKelvey an no explanation of good cause of why he must withdraw, and finally, no affirmation by Ms. Haybert that she no longer wishes to retain Mr. McKelvey," Outback Steakhouse's counsel, John D. McGavin of McGavin, Boyce, Bardot, Thorsen & Katz in Fairfax, Virginia, wrote in its opposition.


It's Hoteling, Not Moteling

Wed, 2023-11-08 15:33

Hoteling has a negative connotation in the legal industry as little has been done to make the experience reliable and something to look forward to. The fact is, hoteling has worked very well in other industries for many years, and lessons learned here can help law firms.


Top Performers 'Likely' to Raise Associate Pay After Milbank's Move, but Broad Hesitancy Lingers

Wed, 2023-11-08 15:25

The market hesitation was underscored by the lack of immediate, similar moves. Some firms were still waiting on other market leaders to move, sources said.


Experian Faces Over $210M in Damages After 11th Circuit Consumer Protection Reversal

Wed, 2023-11-08 10:59

"The opinion is a perfect roadmap for consumers and their attorneys," said Chad Van Horn of the Van Horn Law Group, who has a specialty in consumer protection litigation


'Unprecedented Level of Fraud' Threatens Chicco Booster Seat Settlement

Wed, 2023-11-08 08:54

The manufacturer of Chicco KidFit booster seats plans to oppose its own class action settlement Wednesday, citing rampant fraud in the claims process.