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Legal Ethics
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias
A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
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January 31, 2025
Trump Administration Fires Jan. 6 Prosecutors, Reports Say
The U.S. Department of Justice's new leadership on Friday terminated more than a dozen prosecutors who worked on criminal cases regarding the Jan. 6, 2021, attack, and also began probing potentially thousands of FBI agents who worked on similar investigations, according to news reports.
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January 31, 2025
Gov't's Freeborn GC Interview May Spoil Ex-Partner's Retrial
The U.S. government's wire fraud retrial against a former Freeborn & Peters LLP partner may be halted after prosecutors let the firm's former general counsel touch on privileged topics without acknowledging or honoring the legal boundary during a preparatory interview.
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January 31, 2025
Mich. Judge Can't Pause Discipline Case During Bias Probe
The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.
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January 31, 2025
Texas Justices Won't Shut Down Court Reporter's AI Case
A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
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January 31, 2025
Judge Blocks Ex-Knick's MSG Sanctions Bid As 'Premature'
A Manhattan federal judge has denied former New York Knicks player Charles Oakley's request to sanction Madison Square Garden for allegedly losing emails relevant to his assault suit, saying Oakley's motion was "at best, premature."
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.
The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
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January 31, 2025
Calif. Atty Wins Ruling To Sue Doctor For Defamation
A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.
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January 31, 2025
Proposed DC Anti-Harassment Rule Sparks Familiar Debate
A proposed change to the D.C. Bar's ethics rules that's aimed at combating harassment and discrimination in the legal profession is stirring a First Amendment debate, echoing controversies seen in other jurisdictions.
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January 31, 2025
Ex-Trump Atty Sidney Powell Again Escapes Texas Discipline
Former Trump attorney Sidney Powell has again escaped disciplinary action in connection with her efforts to overturn the results of the 2020 election.
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January 31, 2025
Ex-Kline & Specter Atty Drops Suit Over Departure Dispute
A former Kline & Specter PC associate has dropped his case claiming mistreatment by his former firm, according to recent filings in the Philadelphia County Court of Common Pleas.
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January 31, 2025
Fla. Judge Tees Up Free Speech Defense In Ethics Case
A Florida state judge facing ethics charges related to campaign statements is going forward with a First Amendment defense in her Monday hearing, she told the state's Judicial Qualifications Commission in a prehearing statement.
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January 31, 2025
Conn. Justices Let McCarter Ex-Client Off $3.6M Hook
Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.
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January 31, 2025
Reger Rizzo, Ex-Assistant Settle Race And Gender Bias Suit
Philadelphia-based Reger Rizzo & Darnall LLP reached a settlement in a federal race and sex discrimination case filed last year by an ex-legal assistant, according to an order published Friday.
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January 31, 2025
Paralegal Says Race, Disability Led To Thompson Coe Sacking
A former paralegal at Thompson Coe Cousins & Irons LLP sued her ex-employer in Texas state court, alleging she was wrongfully fired because of her race and disability while also accusing the firm of sabotaging her attempts at obtaining future employment at other law firms.
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January 31, 2025
Jury Instructions Tainted Ex-State's Atty's Trial, 4th Circ. Hears
A Fourth Circuit decision from 1938 took center stage Friday as a seemingly divided appellate panel debated whether a jury that found former Baltimore State's Attorney Marilyn Mosby guilty of mortgage fraud had been improperly instructed on where the crime occurred.
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January 31, 2025
NJ Firm Blasts Pier Investment Suit As 'Shameless Fiction'
Hankin Sandman Palladino Weintrob & Bell has urged a New Jersey federal court to toss a Garden State couple's legal malpractice lawsuit over their investment in an Atlantic City Boardwalk amusement park, arguing that their claims are barred by the state's entire controversy doctrine and are "premised on knowing falsities and fail on the merits."
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January 31, 2025
LegalZoom Hit With Racial Bias Suit From Ex-Employee
A former human resources employee at LegalZoom has hit the legal services company with a discrimination suit in Nevada federal court, alleging she was underpaid compared to her white colleagues doing the same work and retaliated against when she brought up her concerns.
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January 30, 2025
Pharmacy Says Its Ex-GC Destroyed Trade Secrets Evidence
Texas-based Empower Pharmacy on Thursday pressed for sanctions against its former general counsel — who also happens to be a former assistant district attorney in San Antonio — claiming that the lawyer intentionally destroyed a hard drive that contained evidence relevant to Empower's trade secrets suit against a rival pharmacy.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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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.