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Legal Ethics
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February 21, 2025
Paul Hastings Seeks To End GenapSys Malpractice Action
Paul Hastings LLP has moved for summary judgment in a malpractice action from GenapSys Inc., saying the case is barred because the genomic sequencing company failed to disclose its possible claim until after confirmation of its bankruptcy plan.
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February 21, 2025
Lowenstein Sandler Keeps Up Battle With NJ Dispensary
Shortly after accusing a cannabis dispensary it is suing for unpaid legal fees of acting in bad faith, Lowenstein Sandler LLP asked a New Jersey Superior Court judge on Friday to reject an investment group's similar bid to prevent it from pursuing certain claims in its suit.
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February 21, 2025
Adams Judge Won't Toss Case, Taps Paul Clement For Review
The federal judge in charge of the corruption case against New York City Mayor Eric Adams declined Friday to toss the charges at the request of President Donald Trump's Justice Department, instead appointing litigator Paul Clement to assist in a "careful" decision.
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February 21, 2025
Ex-Dechert GC Subpoenaed Over Gerrard Abuse Claims
An imprisoned Jordanian lawyer can subpoena the former general counsel of Dechert LLP over what the leadership of the law firm knew of alleged human rights abuses committed by a former partner in the United Arab Emirates, a U.S. federal judge has ruled.
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February 20, 2025
Judge's Son Concedes Misstatement To Police After Shooting
The son of a California judge on trial for allegedly murdering his wife with a handgun acknowledged during cross-examination Thursday that he didn't see his father pull the gun out and aim it at the victim before firing, despite telling police otherwise.
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February 20, 2025
3rd Circ. Rejects Appeal In Dog Magnet Design Spat
The Third Circuit on Thursday rejected an appeal in a case in which two businesses accused each other of stealing designs for pet-themed car magnets, saying that, because there is no final judgment in the case, one of the companies can't challenge the lower court's refusal to issue a final judgment.
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February 20, 2025
US Atty Pick In DC Probes Dem Lawmakers Over 'Threats'
President Donald Trump's nominee for U.S. attorney in the District of Columbia, who is already serving on an interim basis, has sent letters to Senate Minority Leader Chuck Schumer and at least one other Democratic lawmaker as part of a larger probe into supposed "threats" to Elon Musk and other federal government employees.
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February 20, 2025
Ex-Eletson Owners Given Reprieve On Ch. 11 Sanction Bid
The former owners and managers of Greek shipping group Eletson Holdings Inc. have until Monday to comply with the orders of a New York bankruptcy judge concerning the change in ownership of the business under a court-approved Chapter 11 plan, or they will face daily monetary sanctions.
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February 20, 2025
Convicted Fraudster 'Ponzied' His Way To Millions, Jurors told
The first thing prosecutors told jurors Thursday at the start of the trial of convicted fraudster Eliyahu Weinstein — who was later pardoned and then charged again — were three words they asserted show his intent to steal more than $40 million from over 200 investors.
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February 20, 2025
Texas Judge Threatens Charges Over 'Dead' Expert's Signature
A Texas federal judge is threatening a prominent Houston attorney and elected official with criminal charges for filing a document allegedly signed by an expert witness who had been dead for nearly a year.
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February 20, 2025
FCPA Shake-Up May Open Bribery Loophole
New guidelines in the works for Foreign Corrupt Practices Act enforcement under President Donald Trump's administration could dramatically alter how American companies do business overseas while potentially opening the door for foreign bribery when it arguably advances U.S. interests, and the looming changes are creating an unsettled environment for attorneys who practice in the space, experts say.
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February 20, 2025
Ga. Panel Rips Willis' 'Delay Tactic' Over Trump Case Probe
A Georgia state Senate committee investigating Fulton County District Attorney Fani T. Willis over her prosecution of President Donald Trump in an election interference case has blasted her attempt to dismiss multiple subpoenas against her as a "bald-faced delay tactic."
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February 20, 2025
NJ Law Firm, Ex-COO Settle Sexual Harassment, Bias Suit
Major New Jersey personal injury firm Garces Grabler & LeBrocq PC has settled a lawsuit with its former chief operating officer, who accused it and attorneys there of sexually harassing her and unfairly burdening her with work that was beneath her position.
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February 20, 2025
Calif. Judge Disciplined For Calling Victim 'Manipulative'
A former California Superior Court judge has been publicly admonished for repeatedly calling a domestic violence victim "manipulative" and saying she "liked being beat up" while telling her partner at a restraining order hearing in May 2023 that he had fallen into the victim's "trap."
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February 20, 2025
Baker Donelson Fights Docs Request In Ponzi Scheme Suit
Baker Donelson is pushing back on a request for documents in a lawsuit alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold.
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February 20, 2025
'Lawsuit Protection' Co. Fined In Ohio For Unlicensed Practice
A legal consulting firm that markets itself as a "comprehensive lawsuit protection company" serving medical practices was hit with a fine on Thursday by the Ohio Supreme Court for practicing law in the state without a license for more than a decade.
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February 20, 2025
Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case
The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.
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February 20, 2025
Texas Bar Forbids Revenue Sharing With Non-Atty Companies
In a new opinion, the State Bar of Texas' ethics watchdog said lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.
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February 19, 2025
'Convict My Ass': Judge Admits Killing Wife In Police Video
Orange County Superior Court Judge Jeffrey Ferguson's trial for allegedly murdering his wife opened Wednesday with shocking video footage of the judge sitting alone, handcuffed in a police station interrogation room, muttering to himself "I killed her. Ladies and gentlemen of the jury, convict my ass. I did it."
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February 19, 2025
Savannah Officials Rip 'Prejudice' From Attys' Press Briefing
Savannah, Georgia, officials have doubled down on their bid to sanction Claiborne Firm PC attorneys for allegedly mischaracterizing facts during a press conference related to the fatal police shooting of a Black man in 2022.
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February 19, 2025
Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing
Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."
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February 19, 2025
Walgreens Says $1B COVID Testing Award Must Be Nixed
Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.
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February 19, 2025
Detroit Judge May Be Immune Despite 'Outrageous' Fake Trial
A Michigan federal judge on Wednesday said that while a Detroit judge's decision to put a teen through a "judicial-like" proceeding for falling asleep in his courtroom while on a field trip may have been "outrageous," it may not strip his ability to claim he is immune from her lawsuit.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
NJ Lawyer Sanctioned, Barred From New SDNY Petitions
A New Jersey lawyer is blocked from filing new petitions in Southern District of New York bankruptcy court and must pay a $2,000 fine to a local Legal Aid Society following an alleged pattern of filing and then abandoning bankruptcy cases, according to a Wednesday sanctions order.
Expert Analysis
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.