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Legal Ethics
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February 11, 2025
NJ Prosecutor Can Pursue Claim He Was Misled Over Resignation
A New Jersey state judge has reinstated a claim in a lawsuit from the former Warren County prosecutor that he was deceived into resigning from his position by Gov. Phil Murphy and Attorney General Matthew Platkin.
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February 11, 2025
Starbucks Fights Fla. Defamation Suit Over Atty's Statements
Coffee giant Starbucks Corp. wants out of a lawsuit brought by a patent-licensing company executive's defamation lawsuit, arguing its attorney was not speaking for the company when she made allegedly defamatory statements in an October news article.
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February 11, 2025
Ex-Major Lindsey Employee Must Face Firm's $4.8M Claim
A New York bankruptcy court ruled Monday that a former Major Lindsey & Africa LLC employee embroiled in over a decade of litigation with the recruiting firm cannot discharge a $4.8 million claim it filed against her.
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February 11, 2025
Ex-Client May Not Appeal Morgan & Morgan Arbitration Order
A former Morgan & Morgan PA client may not pursue legal malpractice claims against the firm in Georgia federal court, a judge ruled Tuesday, upholding an earlier order sending the matter to arbitration.
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February 11, 2025
Texas Bar Eyes Ban On In-House Referrals From Non-Attys
A proposed ethics opinion from the State Bar of Texas would prohibit nonlawyer-owned for-profit companies from giving customers the option of using the business' in-house attorneys for the "actual cost" of legal services when the work is unrelated to the mission of the company.
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February 11, 2025
NJ Senator Seeks Answers On Departure Of Watchdog's Chief
The New Jersey state senator who first called for the resignation of the State Commission of Investigation's chief executive following questions about her residency and a second full-time job wants to know how much the agency's commissioners knew before hiring her.
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February 11, 2025
NYC Mayor Says Bribery Case Is Over, Despite Silent Docket
Amid an absence of activity on the court docket, New York City Mayor Eric Adams declared Tuesday that the federal bribery case against him "will no longer continue," following reports of a U.S. Department of Justice memo directing prosecutors to drop the case.
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February 11, 2025
Remorse, Sobriety, Therapy Help Pa. Atty Avoid Disbarment
A Fayette County, Pennsylvania, attorney who took accountability for ethics breaches including a money laundering conviction has escaped disbarment, with the state high court agreeing with its Disciplinary Board that mitigating factors should offset more stringent punishment.
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February 10, 2025
Injury Attys Admit 'Embarrassment' Of AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group expressed "great embarrassment" Monday when they told the Wyoming federal judge overseeing a personal injury lawsuit against Walmart over an allegedly defective hoverboard that the pretrial motions they filed did, indeed, contain case law hallucinated by artificial intelligence.
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February 10, 2025
Trump Ousts Office Of Government Ethics Director
President Donald Trump has fired David Huitema, the director of the U.S. Office of Government Ethics, the independent agency announced on Monday, less than two months after Huitema started as the agency's head.
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February 10, 2025
Investigators Say Texas Atty Lied To Help Clients Hide Assets
A pair of court-appointed independent investigators have recommended that an attorney in Fort Worth be stripped of his license to practice in the Northern District of Texas because he lied to shield his clients' assets from $9 million in judgments.
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February 10, 2025
GenapSys Can't Claw Back Some Docs From Paul Hastings
A California judge ruled that GenapSys Inc. can claw back some documents it inadvertently released during discovery in a legal malpractice suit against Paul Hastings LLP, but that some documents discussed during depositions cannot be clawed back because attorneys for GenapSys did not lodge proper objections during the proceedings.
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February 10, 2025
Atty Accused Of Impeding Model In Fla. NFL Player Injury Suit
An OnlyFans model has urged a Florida state court to prevent an attorney for a Miami Dolphins wide receiver from attending a second deposition of the football player, saying the lawyer hasn't lawfully appeared in the case and is improperly interfering in the personal injury lawsuit.
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February 10, 2025
DOJ Brass Want Bribery Charges Against NYC Mayor Dropped
The U.S. Department of Justice has moved to drop public corruption charges against New York City Mayor Eric Adams, an extraordinary development in the wake of a public courtship between the embattled mayor and President Donald Trump.
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February 10, 2025
Experts Sound Alarm After Musk, Vance Float Ignoring Judges
Attorneys and constitutional experts say the warning lights "are blinking red" after Vice President JD Vance and Trump confidante Elon Musk took to social media to attack the independence of the judiciary over the weekend.
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February 10, 2025
Attys Shouldn't Be Sanctioned For Press Briefing, Parents Say
The parents of a Black man police fatally shot in 2022 urged a Georgia federal judge not to sanction their Claiborne Firm PC attorneys for a holding a press conference that the city of Savannah says attempted to sway the jury that will hear the police officer's case.
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February 10, 2025
NJ Attys Agree To End Libel Suit Over Father's Money
Prominent class action attorney Carl J. Mayer has settled a defamation lawsuit against his brother and two cousins that claimed the trio falsely accused Mayer of stealing money from his elderly father, leading to a drop-off in referrals from other attorneys.
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February 10, 2025
BCLP Received Improper OK To Challenge Ga. Fee Ruling
A Georgia state appeals court said Monday that it improperly gave Bryan Cave Leighton Paisner LLP the green light to appeal a trial court ruling ordering the firm to return more than $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator.
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February 10, 2025
Goldstein Rearrested After Feds Say He Hid Millions In Crypto
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein was arrested again Monday following his earlier release on criminal tax evasion charges, after prosecutors alleged that he secretly made millions of dollars worth of cryptocurrency transactions in recent days and was a serious risk to flee.
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February 10, 2025
Ex-FTC Commissioner's Accusers Call Damages Bid 'Fiction'
Women who accused former FTC Commissioner Joshua Wright of sexual misconduct stemming from his role as a law professor have told a Virginia judge that his damages expert in his defamation lawsuit against them failed to do his homework and his testimony shouldn't be allowed at the upcoming trial in the case.
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February 07, 2025
Injury Attys In Hot Water Over Possible AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group on Friday withdrew pretrial motions in a personal injury lawsuit against Walmart over an allegedly defective hoverboard after a Wyoming federal court ordered the firms to explain why the filings contained what appears to be case law hallucinated by generative artificial intelligence.
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February 07, 2025
2nd Circ. Orders In-House Counsel Docs In Grand Jury Case
The Second Circuit on Friday ruled that an in-house attorney for a publicly traded company under federal investigation in New York must turn over communications as part of a grand jury investigation under the crime-fraud exception to attorney-client privilege.
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February 07, 2025
NC Judge Knocked By Fed. Circ. For Rushing Patent Trial
A Federal Circuit panel on Friday stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals court reversing a noninfringement verdict that came out of a jury trial he oversaw and finding that it was at least the second time the judge "did not intend to manage a fair trial."
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February 07, 2025
DC Prosecutor Axed Jan. 6 Case Against Client, Group Says
A legal group filed a bar complaint in Missouri Thursday against President Donald Trump's top prosecutor in Washington, D.C., saying the attorney violated rules of professional conduct when, in his new government role, he moved to dismiss charges related to the U.S. Capitol attack against his own client.
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February 07, 2025
Fed. Circ. Pushes Back At Doctors Who Vouched For Newman
The Federal Circuit judges considering Judge Pauline Newman's request to end her suspension said Friday that they had retained doctors who have expressed "significant concerns" that there are errors and oversights in reports from physicians who deemed the 97-year-old judge fit to serve.
Expert Analysis
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb
A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.