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Legal Ethics
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March 10, 2025
Hagens Berman Comms With Ghosting Client Kept Privileged
Hagens Berman Sobol Shapiro LLP doesn't have to turn over texts and emails with a client who disappeared from a putative class action against Apple and Amazon, a Washington federal judge has ruled, despite the tech giants' accusations that the firm lied about those communications.
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March 10, 2025
Texas Atty Wants Allstate Sanctioned Over 'Dead' Expert Claim
A prominent Houston lawyer has denied filing a document purportedly signed by a long-dead expert witness and urged a Texas federal judge to sanction Allstate for accusing him of doing so, saying the signature actually belonged to the deceased expert's similarly named son.
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March 10, 2025
Patent Exec Seeks Defamation Win Over Atty's Statements
A patent-licensing company executive has asked a Florida federal court to rule in his favor on a defamation claim against a Baker Botts LLP attorney representing Starbucks in a Texas patent case and toss a counterclaim from the attorney, saying her abuse-of-process allegation "reads like a failed exercise in ontological gymnastics."
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March 10, 2025
Fla. Judge Won't Exit DaBaby Suit Over Sanctions, Comments
A Florida federal judge will not step aside from a lawsuit against rapper DaBaby over an altercation before a scheduled performance, saying his imposition of sanctions on the plaintiffs' attorney and statements during trial do not amount to bias.
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March 10, 2025
Clerks May Seek Political Jobs On 'Case-By-Case Basis'
Individual federal judges may determine whether their clerks may seek political posts while employed by the judiciary, the Judicial Conference of the United States' Committee on Codes of Conduct now recommends, months after issuing guidance advising clerks to hold off seeking such roles until their clerkships end.
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March 10, 2025
NJ Judge Ousted For Clerk Thigh Touch On Boozy Beach Day
The New Jersey Supreme Court on Monday ordered the removal of a municipal judge accused of inappropriately touching the thigh of a law clerk in a day of drinking at his summer home, saying his ouster is warranted due to the "blatant and serious" nature of the misconduct.
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March 07, 2025
Photographer Sanctioned For Skipping Deposition In IP Case
A federal judge in the Southern District of New York has issued sanctions over skipped depositions, among other conduct, by the plaintiff in a copyright lawsuit over a photo of actor Jonah Hill that appeared on a fashion retail website.
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March 07, 2025
ByteDance Wants Sanctions For Attys After Client's Perjury
TikTok's parent company ByteDance has urged a California court to sanction Nassiri & Jung LLP attorneys it says "enabled" a former engineer's perjury in a suit alleging he was wrongly fired, arguing that the lawyers should've prevented their client's "abuse of the justice system."
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March 07, 2025
Feds Say NJ Atty Smuggled Drugs, Phone To Pa. Prison Inmate
A New Jersey criminal defense attorney allegedly snuck drugs and a cell phone into a federal detention center during a purported legal visit to an inmate, according to a criminal complaint unsealed Friday in Pennsylvania federal court.
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March 07, 2025
Ga. PFAS Liability, DEI Bills Among Those To Not 'Crossover'
Georgia lawmakers failed to push forward legislation that would have reduced corporate liability for PFAS contamination, would have given voters a say on whether to legalize sports betting and curbed diversity initiatives in schools, after having previously passed bills to advance the governor's tort reform agenda.
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March 07, 2025
Ex-Kirkland IP Atty Can't Fire Her Bias Suit Atty 'For Cause'
A former Kirkland & Ellis LLP intellectual property associate suing the firm over bias claims cannot fire her counsel at Filippatos PLLC over professional misconduct allegations, a California federal judge ruled Thursday while allowing Filippatos to withdraw as her counsel.
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March 07, 2025
MGM Scraps Suit After FTC Withdraws Cybersecurity Probe
MGM Resorts International on Friday dismissed its D.C. federal court lawsuit against the Federal Trade Commission after the agency dropped its investigation into the hospitality giant's data security practices.
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March 07, 2025
DOJ Cites SDNY Prosecutors' Texts In Bid To End Adams Case
President Donald Trump's Justice Department doubled down Friday on its bid to toss the corruption case against New York City Mayor Eric Adams, citing newly released internal correspondence showing "troubling conduct" by Southern District of New York prosecutors the agency criticized as "careerist" and insubordinate.
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March 07, 2025
'Exhausted' Jury To Deliberate 3rd Week In Judge Murder Trial
A California state jury was told to come back Monday for a third calendar week of deliberations over whether Orange County Superior Court Judge Jeffrey Ferguson intentionally shot his wife in 2023, after reporting that they were "exhausted" but had "further movement" toward a verdict.
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March 07, 2025
Judicial Impeachment Calls Could Drive Anger At Bench
Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.
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March 07, 2025
Calif. Atty, Reality TV Hopeful Gets 5 Years For Client Theft
A California lawyer who claimed to be developing a Bravo TV show about himself has been sentenced to more than five years in prison for looting his firm's client trust accounts, an offense that appears to be only one tentacle of "a larger criminal scheme."
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March 07, 2025
Ex-Client Wants $150K To End Estate Suit Against Conn. Atty
A Connecticut woman who sued her attorney alleging the lawyer failed to communicate with her, neglected to file documents and delayed the sale of her home amid in the handling of her late husband's estate has asked the lawyer for $150,000 to settle the matter.
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March 07, 2025
Judge Slams 'Unreasonable' Atty Fee Request in FOIA Case
A D.C. federal judge rejected an asylum-seeker's request for more than $130,000 in attorney fees in a successful Freedom of Information Act case against the federal government, saying "serious deficiencies" in her attorney's billing practices render the request "patently unreasonable."
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March 07, 2025
Atty Fights $190K Demand After Malicious Litigation Trial Loss
A lawyer who recently lost her malicious prosecution lawsuit against three Blank Rome attorneys and an aviation parts company is fighting their demand that she pay $190,000 in costs stemming from the litigation, arguing the amount is excessive and otherwise unrecoverable.
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March 07, 2025
Greenspoon Marder Beats Fla. Suit After Missed Arbitration
Greenspoon Marder LLP has secured a Florida state appellate decision that upheld the dismissal of a malpractice suit against the firm over its representation of a luxury concierge service because the business failed to comply with a court order to engage in arbitration.
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March 07, 2025
Dispensary Fights Lowenstein Sandler's Bid To Merge Suits
A cannabis dispensary has urged a New Jersey state court to reject Lowenstein Sandler LLP's bid to consolidate its malpractice suit against the firm and the firm's unpaid legal fee suit against the business, saying combining the cases would "reward Lowenstein's blatant litigation tactics."
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March 07, 2025
Ga. Court Urged To Weigh Genealogy Of Wife Killed By Ex-Atty
The administrator of the estate of a woman killed by a former BigLaw attorney is urging a Georgia state court to reject the woman's godson's assertion that her cousins aren't her relatives, arguing that a genealogy report proves they are her family in the dispute over the proceeds from a wrongful-death suit settlement.
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March 07, 2025
How A Showcase Prosecution Collapsed For New Jersey's AG
New Jersey Attorney General Matthew Platkin took a risk that backfired when he used over 100 pages to lay out his case accusing George E. Norcross III, one of the Garden State's most influential businessmen, of leading a racketeering enterprise to deepen his commercial footprint in a struggling city.
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March 07, 2025
Mich. Atty Says Ex-Mentee Wanted Hush Money Before Suing
A name partner who was sued by a former associate of the firm on allegations that he sexually harassed her, has filed a countersuit claiming the attorney first sought hush money before launching her claims.
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March 06, 2025
Ex-GMU Prof Ends Defamation Suit Against Former Students
Former George Mason University Law professor Joshua Wright has ended his $108 million defamation lawsuit against two former students who accused him of sexual misconduct, dropping the suit late Thursday just four days before a jury trial in the case was set to begin.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.