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Legal Ethics
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February 18, 2025
Law Schools, Attys Defend Judiciary Amid Gov't Attacks
More alarm bells rang Tuesday over the Trump administration's recent remarks questioning the judiciary's authority to keep the executive branch's power in check, as more than 2,000 American lawyers and a group representing U.S. law schools voiced concern about the need to uphold the country's constitutional democracy.
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February 18, 2025
Jury Won't Tour Living Room Where Calif. Judge Shot Wife
A California state judge facing trial this week on charges of murdering his wife lost his bid to have jurors tour the living room of the house where she was shot to death, after a Los Angeles County judge ruled Tuesday that there's sufficient photographic evidence of the scene.
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February 18, 2025
Reed Smith Removed In $102M Shipping Group Award Fight
A New York federal judge granted a request by the purported new owners of Eletson Holdings Inc. and removed Reed Smith LLP as counsel in a $102 million breach of contract suit the firm brought on behalf of the international shipping group in 2023.
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
Convicted Pharma Exec Seeks Trial Redo, Citing Feds' Error
A former pharmacy executive convicted on criminal charges over a healthcare scheme that defrauded the government of $160 million has urged a Texas federal court to grant him a new trial, arguing an admission of error by the federal government necessitates a redo.
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February 18, 2025
Judiciary Dems Denounce Ethics Watchdog Changes At DOJ
Democrats on the Senate Judiciary Committee on Tuesday objected to what they said is a plan for political appointees at the Department of Justice to oversee agency ethics decisions instead of career officials.
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February 18, 2025
NY High Court Upholds Ethics Commission In Cuomo Case
New York's highest court on Tuesday affirmed the constitutionality of the state's recently revamped ethics commission in an order reversing a lower court ruling that sided with embattled former Gov. Andrew Cuomo amid an investigation related to his use of government employees to help him publish and promote a book.
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February 18, 2025
Ex-BigLaw Atty Who Killed Wife Joins Fray Over Deal Funds
The former BigLaw partner who fatally shot his wife has entered a Georgia state court dispute over the distribution of wrongful death proceeds related to her death, saying he was required to assign the proceeds to his wife's godson as part of his plea deal but took no position on the validity of that assignment.
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February 18, 2025
Georgia Justices Revive Defamation Suit Against Atty
An orthopedic surgeon in Georgia will get another chance to prove he was defamed by a defense attorney, after the Supreme Court of Georgia found a state appellate court mistakenly used the well-known "actual malice" standard to toss the case instead of the relevant state law standard.
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February 18, 2025
Baker Botts Partner Says Inventor's Atty Is Threatening Her
A Baker Botts LLP lawyer being sued over her comments in a news article about a patent suit against Starbucks Corp. accused opposing counsel of threatening her in an email exchange over the details of a deposition.
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February 18, 2025
Ga. Atty Chastised For Pasting Judge's Signature On Order
The Georgia Supreme Court on Tuesday reprimanded an attorney who cut and pasted a judge's signature on a proposed order in a case, in a move the lawyer later claimed was done in the name of "increasing the efficiency" of his filings.
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February 18, 2025
NJ High Court Rejects Ban On Out-Of-State Atty Referral Fees
The New Jersey Supreme Court ruled Tuesday that state-certified attorneys are allowed to pay referral fees to out-of-state lawyers even if they are not licensed in the Garden State, overturning an ethics committee's advisory opinion that said the payments were forbidden.
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February 18, 2025
Adams, Feds Ordered To Explain Dismissal Bid At Hearing
A Manhattan federal judge demanded details Tuesday and scheduled a hearing after the Justice Department asked to dismiss criminal charges against New York City Mayor Eric Adams, signaling that the court would not rubber-stamp the request following allegations of a corrupt bargain and mass resignations of prosecutors in protest.
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February 14, 2025
DaBaby Gets Fla. Atty Sanctioned For 'Frivolous' Claims
A Florida federal judge has sanctioned a Florida lawyer for "objectively frivolous" civil conspiracy claims brought against rapper DaBaby following an alleged altercation that happened before a scheduled performance, saying that his conduct "causes the court to question whether [he] should be appearing before any court in our district or state."
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February 14, 2025
Almost Everyone Hates The Judiciary's Amicus Rule Revamp
Policymakers for the federal judiciary Friday did what often seems impossible in a polarized nation, uniting powerful advocates for defense counsel, trial lawyers, corporations and consumers on a controversial issue. Unfortunately for the policymakers, those advocates were united by antipathy for major rule changes affecting amicus brief filers.
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February 14, 2025
FTC Political Appointees Told To Break Up With 'Leftist' ABA
Federal Trade Commission Chair Andrew N. Ferguson told agency staff in a letter that political appointees cannot hold leadership positions in the American Bar Association, attend its events or renew their memberships, citing the ABA's "leftist advocacy and its recent attacks" on the Trump administration's agenda.
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February 14, 2025
NJ Appeals Court Confirms Officials' Votes Were Conflicted
A New Jersey state appeals court on Friday ruled a trial court was right to find local officials were in conflict when they voted to terminate an attorney because the trio had defamed him during their campaigns.
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February 14, 2025
Pa. Injury Firm Botched Burger King Suit Service, Suit Says
A Pennsylvania woman has sued the law firm previously representing her in a slip-and-fall case against a local Burger King for legal malpractice after the state Supreme Court held that her former attorneys' attempts to have the complaint served were insufficient.
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February 14, 2025
Fla. Criminal Defense Atty Accused Of Bribing DEA Agent
New York federal prosecutors have charged a Florida criminal defense attorney with a scheme to bribe a U.S. Drug Enforcement Administration agent in exchange for nonpublic law enforcement information, which the lawyer used to recruit and represent clients, in an indictment unsealed on Friday.
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February 14, 2025
Diddy, Jay-Z Rape Lawsuit Dropped Amid Legal Ethics Battle
An anonymous woman dropped her New York federal court lawsuit accusing Sean "Diddy" Combs and Shawn "Jay-Z" Carter of raping a teenager together, claims that launched a bitter ethics feud between personal injury attorney Tony Buzbee and Jay-Z's lawyers at Quinn Emanuel Urquhart & Sullivan LLP.
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February 14, 2025
House Dems Amplify ABA Decision On High Court Ethics
Democrats on the House Judiciary Committee's courts panel urged the U.S. Supreme Court on Friday to adopt a binding and enforceable code of ethics after the American Bar Association's policy-making body advocated for such.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
Buchalter, Parker Milliken Get Stay In $19M Theft Suit
A California judge on Friday granted a stay to Buchalter PC and Parker Milliken Clark O'Hara & Samuelian APC while the law firms appeal a decision denying their bid to arbitrate a lawsuit accusing them of conspiring to help their client bilk nearly $20 million from some trusts in a Ponzi scheme.
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February 14, 2025
Tulsa County 'On Notice' In Jurisdiction Dispute, Suit Says
The Muscogee (Creek) Nation is asking a federal district court to block Tulsa County, Oklahoma, its sheriff and a district attorney from asserting criminal jurisdiction on its reservation, arguing they continue to defy a 2020 Supreme Court ruling that held that they lack such authority.
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February 14, 2025
House Judiciary Courts Chair Previews 'Rogue' Judges Bill
The chair of the House Judiciary Committee's courts panel is working on legislation to prevent "rogue rulings" by federal judges, which he plans to introduce on Tuesday, following adverse rulings for the Trump administration and Elon Musk's Department of Government Efficiency.
Expert Analysis
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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.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.