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Legal Ethics
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February 28, 2025
Missouri Judge Won't Step Aside From Plastics Recycling Suit
A Missouri federal judge denied petrochemical companies' request that he recuse himself from a proposed class action accusing them of misleading people about plastic's recyclability due to his wife's position as a Kansas City council member.
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February 28, 2025
Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits
The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.
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February 27, 2025
VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit
Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."
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February 27, 2025
Lewis Brisbois Foe Urges 5th Circ. To Let TM Feud Go To Jury
The main defendant of a group that was found liable for willfully stealing Lewis Brisbois Bisgaard & Smith LLP's name for its mediation business has told the Fifth Circuit that a Texas federal court committed more than a dozen abuses of discretion and that the trademark dispute should go before a jury.
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February 27, 2025
Judge Axes NYC Loan Row, Sanctions Firm For Depositions
A New York federal judge has dismissed a commercial real estate lender's claims against two guarantors for a 2022 loan it made, ripping the lender and its ex-counsel, Fox Rothschild LLP, for deposition no-shows.
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February 27, 2025
Food Startup Owes $575K In TM Fight With Jaden Smith's Co.
A disagreement over how food startup Eat Just capitalized on the word "Just" in branding will cost it over half a million dollars after a California federal court decided its conduct went against the company's agreement with the Just Water brand started by celebrity Jaden Smith and his actor dad, Will Smith.
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February 27, 2025
Texas Attorney Says He Can Contact Party While Pro Se
An attorney barred from practicing law for five years has told the Texas Supreme Court that he was allowed to contact members of the Texas Bar's disciplinary wing instead of their counsel because he was pro se, asking the court to toss his punishment.
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February 27, 2025
Sierra Leone Accuses Jenner & Block Of Fraudulent Overbilling
Facing an $8 million fee suit pending in D.C. federal court, the Republic of Sierra Leone on Thursday brought counterclaims accusing its former counsel from Jenner & Block LLP of fraudulently overbilling for work the firm did on its behalf between 2019 and 2022.
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February 27, 2025
Ex-Trump Atty Powell's Mich. Misconduct Hearing Set For May
The Michigan Attorney Discipline Board on Thursday announced the date for a misconduct hearing for Trump campaign lawyer Sidney Powell and other attorneys who were allegedly involved in a legal challenge to Michigan's 2020 presidential election results and supporting Donald Trump's election fraud theories.
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February 27, 2025
No Sanctions For Atty As TM's Incontestability Status Axed
The Trademark Trial and Appeal Board has declined to refer Great Concepts LLC or its former attorney for potential discipline for submitting a filing with false information for incontestability of its mark in 2010, saying too much time has passed.
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February 27, 2025
Judge Limits Atty Expert Witnesses In Legal Malpractice Trial
An Illinois federal judge on Wednesday barred attorneys who aren't expert witnesses from giving testimony about what they would have done differently from Quinn Johnston Henderson & Pretorius Chtd. in an upcoming trial on claims the firm's botched defense caused their client "enormous loss."
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February 27, 2025
Conn. Supreme Court Snapshot: Water Rates, Judicial Attacks
An Eversource unit's request to offset inflation and $42 million in new infrastructure projects through rate hikes will top the Connecticut Supreme Court's March docket, with the justices examining another in a list of challenges to state regulators' attempts to keep a lid on customer costs.
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February 27, 2025
Starbucks, Patent Exec Reach Deal In Atty Defamation Case
A patent-licensing company executive and Starbucks Corp. on Thursday settled a defamation suit over statements made by an attorney for Starbucks just days after the plaintiffs fired back on the company's attempt to exit the suit.
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February 27, 2025
Insurer's Bid To Dodge $1.4M Bank Scam Suit Premature
An insurer cannot yet escape an attorney's demand for coverage in an alleged scheme to steal $1.4 million from a New Jersey development company, a Connecticut federal judge ruled, saying the carrier didn't follow court procedures before it moved to end the case.
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February 27, 2025
Paralegal Accuses Morris Manning Of Race, Disability Bias
A former paralegal in the Atlanta office of Morris Manning & Martin LLP hit her old firm with a lawsuit this week alleging that the firm fired her last year to avoid having to pay her while she was out on extended medical leave.
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February 27, 2025
Ga. Plant Denies Alleged Atty Bribe, Claims Letter Was Fake
The finance director of a now-shuttered Georgia manufacturing plant did not pen a letter offering to bribe counsel representing a brother and sister in a federal discrimination lawsuit, according to a Thursday response to a sanctions bid that points the finger for the allegedly fraudulent missive at unidentified disgruntled former employees.
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February 27, 2025
Trump Urges Ga. Justices To Leave Election Charges Nixed
President Donald Trump has urged the Georgia Supreme Court to uphold a state appellate decision that affirmed the dismissal of six counts in the state's election interference case.
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February 27, 2025
Whistleblowers Fired By Paxton Propose $6.75M Settlement
Four of Texas Attorney General Ken Paxton's former top deputies-turned-whistleblowers are asking for more than $6.75 million from his office to settle claims they were unlawfully fired for reporting Paxton's possible abuses of office to the FBI in 2020.
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February 27, 2025
Polsinelli Blocked From Repping BCBS Settlement Opt-Outs
An Alabama federal judge has disqualified Polsinelli PC from representing hospitals that opt out of a landmark $2.8 billion Blue Cross Blue Shield antitrust settlement, even as other firms are licking their lips at the prospect of a multibillion-dollar bonanza of opt-out litigation.
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February 27, 2025
How Adams' Latest Move Might Checkmate The DOJ
New York City Mayor Eric Adams' push to permanently dismiss his federal corruption case is a clever legal strategy that appears to have backed the government into a corner, experts say.
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February 27, 2025
Fried Frank Rips RICO Sanctions Bid As Intimidation Tactic
Fried Frank Harris Shriver & Jacobson LLP and its client Tristar Products Inc. are pushing back on a motion for sanctions for bringing an anti-racketeering lawsuit against Telebrands Corp., arguing the bid is a "clear effort to intimidate" the plaintiffs and to impose additional cost and burden on them.
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February 27, 2025
NJ Republicans Look To Oust AG After Failed RICO Case
Republican leaders in the New Jersey Assembly moved Thursday to impeach Attorney General Matthew Platkin, accusing him of overstepping his authority, including by pursuing his now-dismissed racketeering indictment against political power broker George E. Norcross III and his allies.
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February 27, 2025
Texas Atty Seeks Woman's Employment Docs In Sex Tape Case
A Houston attorney accused of filming a sexual encounter with a woman and sharing it without her consent has asked a Texas state court for permission to subpoena the woman's employment records to help him defend against her suit.
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February 27, 2025
McCarter & English Wants $3.8M, Ex-Client Wants New Trial
Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.
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February 27, 2025
Colo. Justice Warns Attys Not To Dodge Tough Questions
A Colorado Supreme Court justice told lawyers Wednesday not to pivot after being asked a question during oral arguments, saying justices can sense a lawyer is avoiding a topic and will go after it with a "great, invisible hook."
Expert Analysis
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.