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Legal Ethics
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March 13, 2025
Md. Judges Told Not To Advise Bar Members On Trump EOs
Maryland state judges who participate in bar association events intended to review and provide legal analysis of presidential executive orders could be seen as practicing law or engaging in partisan political activity and should avoid such activities, the state Judicial Ethics Committee says.
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March 13, 2025
Chaitman Wants NJ Malpractice Suit Axed For Delays
Chaitman LLP has asked a New Jersey state judge to dismiss a long-pending legal malpractice action stemming from real estate litigation, arguing its former clients who brought the suit have repeatedly failed to produce expert witnesses for depositions, "severely prejudicing the defendants."
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March 13, 2025
After Court Loss, DA Willis To Turn Over Trump Probe Docs
Fulton County District Attorney Fani Willis has told a Georgia state court that she will respond to the subpoenas from a state Senate committee investigating whether her personal relationship with a special prosecutor amounted to misconduct in her prosecution of President Donald Trump in an election interference case after previously losing her bid to quash the subpoenas.
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March 13, 2025
5th Circ. Sides With NLRB On Reconsidered Exxon Ruling
The National Labor Relations Board didn't overstep by wiping out and rethinking a decision involving an Exxon Mobil unit after learning a member had a stake in the company, the Fifth Circuit said, enforcing the board's ruling that the company sabotaged negotiations with a union.
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March 13, 2025
Solicitor General Pick, 2 More DOJ Noms Go To Full Senate
The Senate Judiciary Committee on Thursday voted out of committee the nomination of President Donald Trump's former personal attorney, Dean John Sauer, to be solicitor general and two other nominees for major U.S. Department of Justice roles, all along party lines.
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March 13, 2025
Alex Jones' Sandy Hook Atty Suspended Over Info Release
Former Alex Jones attorney Norm Pattis will be suspended from practicing law for two weeks, a Connecticut judge has ruled, capping a three-year ethics saga that started when Pattis asked an associate to send Sandy Hook families' medical records to the Infowars host's Texas bankruptcy lawyer.
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March 12, 2025
7th Circ. Revives Suit By Law Professor Disciplined Over Exam
The Seventh Circuit on Wednesday revived a retaliation claim from a University of a law school professor at the University of Illinois in Chicago who was disciplined for including a redacted racist slur on an exam, saying the professor has plausibly alleged that his academic speech is protected by the First Amendment.
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March 12, 2025
Panel Decries Judge's Watergate Remarks, Axes $2M Verdict
A Florida appeals court on Wednesday vacated a $2 million verdict in a slip-and-fall suit against Walmart, saying the trial court's comments that allegedly missing video evidence was akin to Nixon's actions in the Watergate scandal signaled his preconceived notion that the company improperly destroyed evidence.
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March 12, 2025
Ex-Atty Gets 3 Years In Prison For Using Fake IDs To Get Jobs
A former attorney has been sentenced to more than three years in prison after pleading guilty to charges related to using false identification in order to obtain jobs at multiple law firms in Florida, California and elsewhere following his disbarment in Ohio, according to federal prosecutors.
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March 12, 2025
COVID Test Device Maker Settles Fed. Circ. Feuds With Rival
A company that makes saliva collection devices used for COVID-19 tests says it will drop out of Federal Circuit appeals fights with Longhorn Vaccines & Diagnostics stemming from the Patent Trial and Appeal Board canceling 183 of Longhorn's patent claims as a punishment for "egregious abuse of the PTAB process."
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March 12, 2025
Willkie Beats Malpractice Suit Over ERISA Ch. 11 Advice
An Ohio federal judge affirmed Tuesday a bankruptcy court's decision tossing legal malpractice claims filed by a coal company executive's estate against Willkie Farr & Gallagher LLP, rejecting the estate's arguments it sufficiently alleged Willkie was grossly negligent in failing to warn the estate about a potential $6.5 billion ERISA liability.
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March 12, 2025
Kroger Waited Too Long To Seek Sanctions, Judge Says
An Illinois federal judge on Wednesday denied Kroger's bid to sanction prolific consumer advocate lawyer Spencer Sheehan for filing a meritless suit over the effectiveness of its lidocaine patches, saying the amount of time it took to file the motion "is not reasonable by any stretch of the imagination."
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March 12, 2025
Judge Blocks Order Limiting Perkins Coie Government Access
A D.C. federal judge on Wednesday halted enforcement of the Trump administration's executive order against law firm Perkins Coie LLP that cited issues including its representation of Hillary Clinton during her 2016 presidential run, calling the order "viewpoint discrimination, plain and simple."
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March 12, 2025
As Perkins Coie Fights Order, How Will Other Firms Respond?
Perkins Coie LLP, represented by Williams & Connolly LLP, is challenging President Donald Trump's executive order revoking its security clearance and launching investigations into its diversity efforts. But other firms have remained silent, raising questions about the order's potential effects on how firms handle public policy litigation, publicly support their right to defend all clients and pursue hiring initiatives.
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March 12, 2025
Widow Blames Lawyer's Death On Heat From Atty, Biz Partner
A lawyer who co-founded a successful college athletics database took his own life after both his former business partner and his personal attorney falsely accused him of stealing from the company and sought to take control of his assets as repayment, his family said in a state court complaint that seeks to sort through the "financial wreckage."
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March 12, 2025
US Trustee Seeks Sanctions Against NY Lawyer
The federal bankruptcy watchdog asked a New York judge Wednesday to sanction a lawyer who allegedly concealed her conflicts of interest while representing a debtor and a buyer in two separate Chapter 11 cases.
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March 12, 2025
Drew Eckl Can't Keep Breakaway Firm In Arbitration Over Fees
The Georgia Court of Appeals on Wednesday found that Burke Moore Law Group LLP — founded by former Drew Eckl & Farnham LLP partners and others — cannot be subject to arbitration over fees between Drew Eckl and those ex-firm partners since Burke Moore did not sign the agreement at issue.
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March 12, 2025
Buzbee, Ex-Client Say Roc Nation Can't Exit Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation "spearheaded" efforts to launch malpractice suits against the Buzbee Law Firm in retaliation for a lawsuit the firm filed accusing the rap star of rape, so it cannot exit a Texas federal suit over that effort by claiming a lack of jurisdiction, the firm said.
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March 12, 2025
Tony Buzbee Accused Of Duping Another Seaman
Texas personal injury attorney Tony Buzbee and his firm have been hit with another lawsuit from a seaman who alleges that the firm misappropriated payments he received after a 2020 ship injury.
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March 12, 2025
2nd Circ. Upholds Sanctions In Chinese Billionaire's Ch. 11
The Second Circuit Court of Appeals on Wednesday torpedoed an appeal from the daughter of bankrupt Chinese exile Miles Guo — also known as Ho Won Kwok — and her attorney seeking to overturn a nearly $83,400 discovery sanction, saying the contempt ruling was merited.
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March 12, 2025
McCarter & English Wins $3.77M From Ex-Client In Billing Spat
McCarter & English LLP is entitled to nearly $3.77 million from Jarrow Formulas Inc., a nutritional supplement company that refused to pay its legal bills after losing a trade secrets trial and a subsequent malpractice claim against the firm, a Connecticut federal judge has ruled.
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March 12, 2025
Atty Wants Early Win In NJ Malpractice Suit Over Land Dispute
New Jersey sisters who sued Fox Rothschild and a firm attorney over the handling of their late stepfather's estate lack standing to bring their claims, the lawyer argued in a motion for summary judgment, also telling the trial court that the plaintiffs were decades late in filing.
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March 11, 2025
Russian Can't Claim Seized $300M Superyacht, Judge Rules
A New York federal judge ruled Monday that a Russian billionaire cannot claim ownership of a seized $300 million superyacht, saying the evidence shows he is a "straw" owner of the vessel in a ruling that moved the government closer to selling it at auction.
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March 11, 2025
Medical Device Co. Seeks Fed. Circ. Redo Over Patent Trial
A medical device manufacturer is asking a Federal Circuit panel to reconsider a decision reviving a patent infringement case against it, arguing a lower court judge was fine to allow tardy testimony from a witness who took its side.
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March 11, 2025
Perkins Coie Slams Trump's Executive Order Retaliation
Perkins Coie LLP sued the Trump administration Tuesday over an executive order targeting the firm for its diversity-focused hiring efforts and its representation of certain political figures including former Sen. Hillary Clinton's presidential campaign, calling the order "an affront to the Constitution" that aims to chill future representation of certain clients.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.