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Legal Ethics
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March 10, 2025
DC Ethics Hearing Over Anti-Trump Protest Arrests To Kick Off
A former federal prosecutor in Washington, D.C., is set to face an attorney ethics panel Tuesday in disciplinary proceedings that could shed new light on how the government handled key evidence in cases against hundreds of people arrested at protests of President Donald Trump's first inauguration in 2017.
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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.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.