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Legal Ethics
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April 22, 2025
NJ AG Pushes To Revive RICO Case Against Power Broker
New Jersey urged a state appellate court to revive its sprawling racketeering indictment against Garden State power broker George E. Norcross III, politically connected attorneys and others, arguing that the trial court undertook a review that doesn't exist in criminal practice.
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April 22, 2025
Ramey Firm Turns To Supreme Court In Sanctions Fight
Texas-based patent firm Ramey LLP told the Federal Circuit that it is fighting California sanctions before the U.S. Supreme Court, after a magistrate judge in the Golden State determined three attorneys must make monetary payments and face other penalties for filing litigation in bad faith.
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April 22, 2025
Texas Atty Says Bogus Rulings Came From Free Software Trial
A Lone Star State lawyer has admitted to listing phony cases she claims were produced using a free trial of legal research software in an appellate brief in a dispute over $1 million in jewelry her parents argued was gifted to their daughters and out of a creditor's reach.
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April 22, 2025
Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage
An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.
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April 22, 2025
Dems Not Satisfied With BigLaw Answers On Trump Deals
Top Democrats investigating the Trump administration's deals with major law firms are not satisfied with the initial responses they've received even though the firms say nothing about their work or philosophy has changed.
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April 21, 2025
Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told
Courts can handle a flood of lawsuits claiming that plaintiffs received unwanted late-night phone calls without the Federal Communications Commission stepping in to decide if they're frivolous, consumer groups told the agency.
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April 21, 2025
Amazon Says Sanctions Unwarranted In Drivers' Wage Suit
Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.
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April 21, 2025
NJ Atty Depo Sought For Duane Morris Malpractice Suit In Pa.
An Indian business owner has asked a New Jersey court to force a Morristown-based McElroy Deutsch Mulvaney & Carpenter LLP partner to sit for a deposition in his malpractice suit against Duane Morris LLP in Pennsylvania state court.
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April 21, 2025
Pa. Judge Facing Fraud Charges Gets Filing Delay
A Pennsylvania county judge indicted on charges that he misused unemployment relief funds to pay his law firm's employees during the pandemic succeeded Monday in having filing deadlines in his prosecution pushed back for more time to review discovery.
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April 21, 2025
Former Ohio Atty Gets Prison Over Unpaid Payroll Taxes
A former Ohio attorney who admitted that he failed to pay $750,000 in payroll taxes while managing his wife's dental practice has been sentenced to six months in prison after telling a federal judge that he did not intend to steal from the government, according to an order signed Monday.
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April 21, 2025
Dropped Suit Doesn't Support 'Vexatious' Claims, Court Told
The Connecticut employment law firm Hayber McKenna & Dinsmore LLC "cannot ever, under any circumstances" prove that a series of unfair trade practices cases brought by five restaurant chains ended in its favor, so it cannot pursue vexatious litigation claims against two attorneys who filed them, defense counsel said Monday during oral argument in Hartford.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
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April 21, 2025
11th Circ. Suspends Atty For A Year Over Bogus Fee Requests
The Eleventh Circuit has handed down a one-year suspension to a Maryland attorney for submitting bogus fees applications.
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April 21, 2025
Breakaway Firm Tells Ga. High Court To Nix Drew Eckl Dispute
Burke Moore Law Group LLP asked the Georgia Supreme Court on Monday to reject Drew Eckl & Farnham LLP's bid to review an appellate ruling that allowed Burke Moore to avoid arbitration over fees between Drew Eckl and its partners who previously practiced at the firm.
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April 21, 2025
Advocacy Group Sues DOJ For Docs On Acting DC US Atty
Advocacy group Democracy Forward sued the U.S. Department of Justice on Monday seeking information about Ed Martin, the acting top federal prosecutor in D.C., whose nomination to fill the role permanently is facing pushback in Congress.
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April 21, 2025
Litigation Funder Accused Of Not Protecting User Data
Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.
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April 21, 2025
Democrats Seek More Funds To Protect Judges From Threats
Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."
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April 21, 2025
Former Knicks Player Takes A Shot At Sanctions Against MSG
Former New York Knicks player Charles Oakley has moved for spoliation sanctions against Madison Square Garden and its counsel for allegedly failing to preserve emails, text messages and other material related to his federal assault suit, accusing the venue's operators of having "conveniently lost a lot of information about this case."
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April 21, 2025
Va. City Says It Wasn't Employer Of Atty Bringing FMLA Suit
An attorney cannot sustain his lawsuit accusing the city of Martinsville, Virginia, of unlawfully firing him after he requested leave to care for his mother, the city told a federal court, saying it had no power to terminate him because it was not his employer.
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April 21, 2025
Justices Won't Review Philly Atty's 5-Year Suspension
A Philadelphia attorney's appeal of a five-year suspension deeming him a "danger to the public" will not move forward after the U.S. Supreme Court declined to review the case, according to orders released Monday.
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April 18, 2025
No Privilege For Litigation Funder In Netflix Case, Judge Says
A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.
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April 18, 2025
No Sanctions For Landscaping Co. In OT Suits, Judge Says
It's too soon to determine whether a landscaping company should be sanctioned for its attorneys' failure to produce accurate lists of its current and former employees in a class action alleging unpaid overtime, a Kansas federal judge said, saying both sides' attorneys need to meet.
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April 18, 2025
Ex-DOJ Atty Convicted In 1MDB Case Ordered Disbarred In NY
A New York appellate court ordered Wednesday that a former U.S. Department of Justice attorney be disbarred due to his felony conviction as part of a sprawling, billion-dollar fraud scandal connected to 1Malaysia Development Berhad and Fugees founder Pras Michél.
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April 18, 2025
WilmerHale, Feds Dispute Reach Of Trump Order Against Firm
WilmerHale and the U.S. Department of Justice traded salvos in the BigLaw firm's challenge to President Donald Trump's executive order targeting it, with the firm and the government offering "starkly different" versions of what's at stake in the dispute.
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April 18, 2025
Judge Nixes Feds' DQ Bid In Migrant Kids Legal Funding Case
A California federal judge has denied the Trump administration's bid to remove her from a lawsuit challenging funding cuts that prevent attorneys from representing child migrants, ruling her employment at one of the plaintiffs nearly seven years ago doesn't undermine her impartiality.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.