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Legal Ethics
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March 03, 2025
Ramey Dodges Fees After Losing Virtual Payment Patent Suit
A Texas federal judge has thrown out a patent infringement lawsuit against a San Antonio bank after finding "no plausible allegation of infringement of any type," while rejecting a request to make William Ramey III of Ramey LLP, the prolific plaintiffs patent lawyer, pay the bank's legal fees.
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March 03, 2025
Conn. Justices Set New Atty Duty In Deathbed Will Dispute
Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.
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March 03, 2025
Saul Ewing Wants Out Of Home Care Co. Asset Transfer Suit
Saul Ewing LLP told a Pennsylvania state court that merely being an "accessory" to a family accused of hiding assets from potential judgment wasn't enough to sustain a claim against the law firm under the Pennsylvania Uniform Voidable Transfers Act, since the law only allows claims against "transferees."
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March 03, 2025
Oklahoma DAs Look To Nix DOJ's Jurisdiction Lawsuits
Two Oklahoma district attorneys are asking a federal court to dismiss a challenge by the United States that seeks to block them from prosecuting Native Americans for conduct on tribal lands, arguing that the lawsuits are a collateral attack on a recent state appellate court decision.
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March 03, 2025
Eckert Seamans Will Pay $38M To Par Funding Investors
A Florida federal judge has signed off on a $38 million deal resolving legal malpractice claims against Eckert Seamans Cherin & Mellott LLC by investors who fell victim to a Ponzi scheme carried out by Par Funding, which enlisted the firm to help create the business model the lender ultimately used in the scheme.
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March 03, 2025
NJ Justices Skeptical Of Judicial Privacy Law Challenge
The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.
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March 03, 2025
Fla. Judge Admits To Improper Remarks About Prosecutors
A Florida state judge could receive a public reprimand after admitting to ethics charges for calling an assistant state attorney an "ass" and other inappropriate remarks directed toward prosecutors.
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March 03, 2025
Justices Pass On Reviewing Ohio Prisoner's Habeas Win
The U.S. Supreme Court on Monday declined to scrutinize a lower court ruling granting habeas corpus relief to an Ohio death row prisoner whom a biased judge had prevented from introducing new mitigating evidence at resentencing.
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March 03, 2025
Bove Faces Ethics Complaint Over Adams Case
Emil Bove, the Trump administration's controversial second-in-command at the U.S. Department of Justice, has been hit with an ethics complaint for a widely criticized directive ordering prosecutors in the Southern District of New York to drop a corruption case against New York City Mayor Eric Adams.
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March 03, 2025
NJ Law Firm Must Pay Fees To Rival Firm For 'Frivolous' Suit
Nagel Rice LLP must pay over $40,000 in attorney fees to Blume Forte Fried Zerres & Molinari stemming from a dispute over work related to a fatal school bus crash, a New Jersey judge has ruled.
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March 03, 2025
Defendant Admits To 'Shell Factory' Pump-And-Dump Scheme
The final defendant rounded up in the "Shell Factory Fraud" prosecution of a group that created fake shell companies as part of a pump-and-dump scheme pled guilty Monday in Miami to one count of securities fraud.
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March 03, 2025
Ex-Judges Urge Probe Of 'Quid Pro Quo' Claim In Adams Case
A group of more than a dozen retired federal judges has asked to weigh in on the potential dropping of corruption claims against New York City Mayor Eric Adams, filing a proposed amicus brief warning the "integrity of the judicial process" risks being "imperiled" by the improper dismissal of claims.
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March 03, 2025
Ex-Paxton Aides Say More Evidence Needed Before Judgment
Four of Texas Attorney General Ken Paxton's former deputies have asked an Austin court to allow them to present more evidence in their 2020 employment retaliation suit, writing that his office was "trying to backtrack" its assertion that it wouldn't contest the case.
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March 03, 2025
3rd Circ. Preview: Litigation Funder, J&J Seek Relief In March
The Third Circuit's case lineup this month will task panels with determining if an American litigation funder can keep its dispute with a German law firm in federal court, and whether Johnson & Johnson can decertify class claims accusing the company of artificially inflating its stock price by failing to disclose the alleged cancer risks of its talc products.
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February 28, 2025
Group Blasts Judge's Call For Women In Contraception MDL
A judicial organization dedicated to fighting "leftist lawfare" filed a complaint Thursday against the Florida federal judge overseeing multidistrict litigation over the hormonal contraceptive drug Depo-Provera, claiming that her comments about women needing to be represented in the MDL leadership show an impermissible bias.
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February 28, 2025
Presidents v. Courts: Lincoln, Trump & Judicial Power Limits
Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.
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February 28, 2025
New Jersey AG Office Tells Court It Wasn't Whistleblowers' Boss
The New Jersey Attorney General's Office told a state judge Friday that it should be removed from a lawsuit accusing the Warren County prosecutor's office of retaliating against two detectives for their part in uncovering an alleged fraud scheme, because the attorney general was never their employer.
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February 28, 2025
Roc Nation Aims To Get Out Of Buzbee Conspiracy Suit
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it exit a lawsuit that claims Roc Nation conspired to "finance" malpractice suits against attorney Tony Buzbee in retaliation for an abortive lawsuit Buzbee filed accusing the rap star of rape.
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February 28, 2025
Mich. Atty Says Ex-Firm Foiling Cases Over Retaliation Suit
A lawyer urged a Michigan federal judge to pause matters in several state court cases as she alleged her former law firm, Olsman MacKenzie Peacock PC, is using the proceedings to retaliate against her for filing a sexual harassment and hostile workplace suit against it and another firm run by a well-known mediator.
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February 28, 2025
Dems Claim DOJ Atty's 'Quid Pro Quo' Violated Ethics Rules
Democratic Senate Judiciary Committee senior members lodged ethics complaints against acting Deputy Attorney General Emil Bove, accusing the recently appointed Bove of violating ethics rules by allegedly pushing prosecutors to drop criminal bribery charges against New York City Mayor Eric Adams in a "quid pro quo" deal with President Donald Trump.
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February 28, 2025
NYC Bar Slams Trump's Order On Covington Attys
The New York City Bar Association has joined the chorus of legal groups decrying President Donald Trump's order suspending security clearances held by Covington & Burling LLP attorneys representing former special counsel Jack Smith, calling it an "improper use of government power."
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February 28, 2025
Audit Finds Calif. Bar Backlog Growing Amid Budget Crunch
With more than one in three attorney discipline cases considered "backlogged" as of late 2023, the State Bar of California must do more to move cases forward while continuing belt-tightening to shore up finances after years of general fund deficits put it into a "strained financial position," the California State Auditor reports.
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February 28, 2025
Missouri Judge Won't Step Aside From Plastics Recycling Suit
A Missouri federal judge denied petrochemical companies' request that he recuse himself from a proposed class action accusing them of misleading people about plastic's recyclability due to his wife's position as a Kansas City council member.
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February 28, 2025
Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits
The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.
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February 27, 2025
VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit
Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."
Expert Analysis
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Implications Of 2024's AI Rules And Regs For Patent Attys
Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Top 10 Legal Malpractice Defenses As Claims Tick Up
As legal malpractice claims and payouts increase, law firms should remember certain time-tested defenses, such as asserting no duty to nonclients, omissions beyond the scope of engagement or lack of proximate cause, say attorneys at Goulston & Storrs.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Immigration Atty Tips For Avoiding Prosecution Under Trump
Under the incoming Trump administration, immigration attorneys may need to protect themselves from prosecution when advising clients who may not qualify for relief sought by choosing their words carefully and keeping other key factors in mind, says Michele Carney at Carney & Marchi.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.