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Legal Ethics
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February 05, 2025
GOP Sens.' Bill Ups Penalty For Protesting Justices' Homes
Five Republican senators introduced a bill on Wednesday that would increase maximum prison sentences for individuals who illegally protest outside the homes of U.S. Supreme Court justices, from the current one-year limit up to five years.
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February 05, 2025
NJ Seeks Jury Trial In PFAS Cleanup Case Against 3M, DuPont
New Jersey officials are fighting back against 3M and DuPont's requests to have a federal bench trial on their environmental claims seeking remediation and restoration cost reimbursement over purported PFAS contamination, arguing that its legal claims are tied to legal remedies that a jury, not a judge, must decide.
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February 05, 2025
Ga. Judge Balks At Zurich's Claim Of Surprise Testimony
A Georgia federal judge has rejected Zurich American Insurance's bid to strike supposed surprise testimony from a recent trial where it lost $12.2 million over a disputed rain damage claim from a solar farm, ruling Wednesday that the real surprise was Zurich's belated and meritless objections.
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February 05, 2025
NJ Fraud Defendant Loses Bid To Toss 'Vindictive' Charges
A New Jersey federal judge has rejected a bid by convicted fraudster Eliyahu Weinstein — who was later pardoned, and then charged again — to toss seven counts of a 17-count indictment on money laundering and other charges, reasoning that he and a co-defendant didn't show the new counts amounted to vindictive prosecution.
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February 05, 2025
Worker, Nonprofit Mental Health Co. Agree To End Work Row
A former case manager sanctioned for faking evidence and the nonprofit mental health and addiction treatment center she accused of not paying full wages told a North Carolina federal court they agreed to end the case a month before the trial was set to start.
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February 05, 2025
Barnes & Thornburg's Immunity Challenged At Ga. High Court
An ex-Barnes & Thornburg LLP client suing a now-retired attorney with the firm over his alleged "split loyalties" in an insurance dispute urged the Georgia Supreme Court on Wednesday to revise its standard for when lawyers can be shielded from legal malpractice claims, arguing two lower courts wrongly killed her suit before trial.
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February 05, 2025
Va. Law Firm Ends Ex-Worker's Harassment, Retaliation Suit
A Virginia law firm has agreed to resolve a former accounts payable specialist's lawsuit claiming she was fired for repeatedly complaining that a male contractor followed her to the restroom and acted threateningly toward her, according to a Wednesday federal court filing.
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February 05, 2025
Texas Bar Says Lawyers Can't Partner With Non-Attorneys
A new ethics opinion from the State Bar of Texas says lawyers practicing in the Lone Star State cannot partner with law firms offering legal services in other jurisdictions if the partnership includes a non-lawyer, even if such arrangements are permitted in the jurisdiction where the law firm is based.
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February 05, 2025
Girardi Keese Trustee Sues NY Atty Who Funded Girardi
The bankruptcy trustee for disgraced California attorney Tom Girardi's defunct law firm is suing to prevent New York attorney Joseph DiNardo from discharging $7.5 million in his own bankruptcy, claiming DiNardo received the money by helping Girardi defraud his own clients.
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February 05, 2025
Ex-Ga. DA Beats Charges Over Ahmaud Arbery Murder Probe
A Georgia state judge on Wednesday tossed a criminal case against a former Georgia district attorney who was accused of obstructing the investigation of the 2020 murder of Ahmaud Arbery.
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February 05, 2025
Lowenstein Sandler Aims To Combine Dueling Dispensary Suits
Lowenstein Sandler LLP has moved in New Jersey state court to consolidate its $800,000 legal fee case against a cannabis dispensary with a malpractice suit that the dispensary recently filed against it and handle the cases in Essex County.
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February 05, 2025
Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms
Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.
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February 05, 2025
Berger Singerman Aims To Sink Hurricane Malpractice Suit
Berger Singerman LLP and one of its attorneys are hoping to escape a malpractice lawsuit related to hurricane damages brought by former client ARC Resorts LLC, saying its decision to list only the name of a property on particular notices was tactical and not negligent.
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February 05, 2025
Proskauer Fights Another DQ Bid In NJ Hospital Antitrust Suit
A New Jersey federal magistrate judge was right to allow Proskauer Rose LLP to continue as counsel for RWJBarnabas Health Inc. since the firm's prior advice to CarePoint Health on its use of COVID-19 relief funds is unrelated to the antitrust lawsuit currently playing out between the two companies, according to the firm.
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February 05, 2025
Calif. Panel Revives Malpractice Suit Against Insurer Attys
A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.
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February 05, 2025
NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial
An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.
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February 05, 2025
Ex-CBD Co. Franchisee Says Magistrate Can't Rule On DQ Bid
A former franchisee for CBD company American Shaman Franchise System LLC on Wednesday objected to an order from a magistrate judge rejecting his bid to disqualify her, saying that a magistrate judge has no authority to decide on a posttrial motion.
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February 05, 2025
As Adams Case Teeters, A DOJ 'Ideal' Hangs In The Balance
The public courtship between New York City Mayor Eric Adams and President Donald Trump is worrying some white collar legal experts, who say that Trump influencing the U.S. Department of Justice to drop Adams' corruption case would depart from over 40 years of policies aimed at keeping politics out of prosecutorial decisions.
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February 04, 2025
OpenSky Defends Patent Challenge After Verdict Against Intel
A company found using the patent review process to try to extort money from VLSI Technology LLC and Intel Corp. after a $2.18 billion jury verdict against the chipmaking giant is arguing it shouldn't have to pay legal fees, saying its efforts to revive a meritorious patent challenge is simply part of a "potentially profitable business model."
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February 04, 2025
Dems Call For Another Hearing For Patel Over FBI Upheaval
Kash Patel had his nomination hearing to be FBI director less than a week ago, but Democrats and outside groups want him to appear before lawmakers again due to the agency officials fired and sidelined in recent days, and questions raised about Patel's past consulting work, according to letters written to the Senate Judiciary Committee.
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February 04, 2025
Ex-NY Real Estate Atty Gets 4½ Years For $3.3M Client Con
A former New York City attorney on Tuesday was sentenced to over four years in prison, following his admission to stealing $3.3 million in client funds for purported real estate deals.
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February 04, 2025
Colorado Atty Says She's Blameless For Divorce Money Hack
A Colorado divorce attorney wants out of a tangle of lawsuits that have sprung up since conservative radio personality and lawyer Randy Corporon mistakenly wired a client's $375,000 divorce settlement to Hong Kong, arguing that the claims are premature and statutorily barred, and that her malpractice insurer already covered damages.
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February 04, 2025
DLA Piper Partner To Testify At Cognizant Evidence Hearing
Prosecutors told a New Jersey federal judge Tuesday that the managing partner of DLA Piper's Houston office will testify at a Feb. 18 evidentiary hearing in a criminal bribery case against two former executives of Cognizant Technology Solutions Corp., which tapped the law firm for an internal investigation into the alleged corrupt scheme in India.
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February 04, 2025
SEC Receiver, Atty Agree To Settle Fraud Transfer Claims
A court-appointed receiver for a U.S. Securities and Exchange Commission case has reached a settlement with parties who allegedly received hundreds of thousands of dollars' worth of transfers from a fraudulent foreign exchange trading scheme, including the attorney and family of a convicted executive.
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February 04, 2025
Exploration Co. Wants Sanctions Over Atty DQ Attempt
An exploration company being sued by ocean salvage operation Maritime Research and Recovery LLC over a sunken Spanish galleon asked a Florida federal court on Tuesday to end the suit as a sanction for Maritime's "egregious misconduct," including trying to disqualify its counsel and filing frivolous motions.
Expert Analysis
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Opinion
History Reveals Folly Of Absolute Presidential Immunity
As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.