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Legal Ethics
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April 08, 2025
Ballard Spahr Fired Atty For Taking Medical Leave, Suit Says
A former attorney for Ballard Spahr LLP filed suit against the firm and the head of its employee benefits group Tuesday in New York federal court, claiming she was fired for taking medical leave and seeking a more flexible work schedule to deal with her epilepsy and a gastrointestinal condition.
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April 08, 2025
McCarter & English Fights DQ Bid In NJ Food Biz Quarrel
McCarter & English LLP pushed back on a disqualification bid from a New Jersey food industry executive in federal court this week, arguing that the plaintiff is attempting to "fabricate" a previous attorney-client relationship to demand disqualification.
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April 08, 2025
No Sanctions For DC In RealPage Antitrust Case
The District of Columbia and its attorneys at Cohen Milstein have escaped a sanctions bid in the district's rental pricing case against RealPage Inc. and local landlords, as one of the building owners also had a motion to dismiss the claims against it denied.
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April 08, 2025
Atty Says Debevoise Fired Him Over Medical Leave
Debevoise & Plimpton LLP fired an attorney in its international dispute resolution practice group because he had taken medical leave, abruptly dismissing him two days after he returned, and refused to give him a chance to increase his billable hours, he told a New York federal court.
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April 07, 2025
Judge Who Shot Wife Warned Against Retrial 'Press Tour'
The California judge presiding over the murder trial of an Orange County jurist who fatally shot his wife admonished him Monday for embarking on a recent "press tour," warning that he could be violating the state judicial ethics code by commenting on a pending case.
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April 07, 2025
Vice Chancellor Warns Plaintiff Over AI-Generated Filings
A Delaware vice chancellor has threatened a plaintiff with sanctions in an appraisal action for allegedly using a "hallucinating" generative artificial intelligence program to prepare his motions and has ordered the plaintiff to disclose his use of AI in court filings moving forward.
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April 07, 2025
VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal
The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.
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April 07, 2025
Girardi Hearing On Prison Option Pushed To May
A hearing to discuss whether disbarred attorney Tom Girardi should serve any sentence in prison or be committed to a care facility due to his dementia diagnosis was pushed back to May to accommodate scheduling for witnesses.
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April 07, 2025
Congressional Dems Probe Trump's Actions Against BigLaw
A pair of top congressional Democrats wrote to the White House and six major law firms over the weekend seeking more information about deals that multiple BigLaw firms have reached with the Trump administration and the possible fallout.
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April 07, 2025
Top Court To Weigh Limits On Atty-Client Talks During Recess
The U.S. Supreme Court said Monday it will take up the Sixth Amendment case of a man convicted of murder who was not allowed to consult with his lawyer about his testimony during a 24-hour break that came in the middle of his time on the stand.
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April 07, 2025
Ga. Appeals Court Rips Judge For Denying Recusal Bid
A Georgia Court of Appeals panel on Monday stripped a child custody case from a Fulton County judge after finding he improperly denied a mother's recusal motion instead of referring it to another jurist.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
SEC Drops Suit Against Silver Point Over Atty Info Access
The U.S. Securities and Exchange Commission has dropped a Connecticut federal lawsuit alleging Silver Point Capital LP failed to establish policies to safeguard material nonpublic information, particularly from a former BigLaw attorney who acted as outside counsel, according to federal court records.
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April 07, 2025
NJ Justices OK Tech CLE And Reject Competence Proposal
The New Jersey Supreme Court has approved a continuing legal education requirement for technology-related subjects but declined a proposal to add a comment to the competence section of the state's Rules of Professional Conduct about an attorney's responsibility to stay on top of the benefits and risks associated with relevant technology.
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April 07, 2025
Mortgage Lenders, Attys Stole From NY Debtors, Suit Says
A New York homeowner filed a proposed class action in Brooklyn federal court alleging that the state's mortgage lenders, loan servicing agents and foreclosure attorneys have conspired to inflate the amounts owed on post-foreclosure sales.
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April 07, 2025
Drivers Say Amazon Attys Covertly Contacted Class Members
Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.
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April 07, 2025
Fla. Judge Faces More Ethics Charges For Political Donations
A Florida ethics watchdog has tacked on charges against a Broward County family court judge over donations to the campaigns of former Vice President Kamala Harris and former President Joe Biden, adding to its previous request that the judge be reprimanded for improperly contacting a witness and discussing her reelection campaign from the bench.
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April 07, 2025
Wigdor Seeks Exit In Leon Black Case Amid Sanctions Threat
Wigdor LLP sought to withdraw from a sexual assault case against ex-Apollo Global Management CEO Leon Black in New York federal court as the billionaire investor seeks sanctions against the firm and its Jane Doe client.
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April 05, 2025
Whistleblowers Fired By Paxton Get $6.68M
A Travis County judge on Friday awarded four of Texas Attorney General Ken Paxton's former deputies $6.68 million, ending their claims that they were fired in retaliation for reporting alleged abuses to the FBI.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Houston Atty Says Unethical Funding Deal Means No Fee Split
A Houston attorney has asked a Texas state court to rule that his partner is not entitled to an equal share of his case fees, accusing his colleague of mismanaging millions in funds and entering into an unethical agreement with a hedge fund.
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April 04, 2025
Musk Atty Objects To 'Outrageous' Deposition Request
Elon Musk's attorney has said it's "outrageous" that a class of former Twitter investors is trying to depose the attorney in a case accusing Musk of intentionally tanking the social media platform's stock price, telling a California federal judge the move threatens to undermine his attorney-client relationship.
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April 04, 2025
Boston Bomber Asks 1st Circ. To Oust Judge Amid Bias Probe
Convicted Boston Marathon bomber Dzhokhar Tsarnaev on Friday asked the First Circuit to remove the Massachusetts federal judge who presided over his 2015 trial from conducting an inquiry into potential juror bias, after the jurist declined to recuse himself.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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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.