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Legal Ethics
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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."
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February 26, 2025
Apple Comms Director's Texts Reveal Criticisms Of Judge
An Apple communications director's text messages came to light Wednesday on the last day of a high-stakes hearing into whether Apple complied with a 2021 antitrust injunction, revealing the director had criticized the judge extensively when the hearing began in May.
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February 26, 2025
Legal Groups Call Out Trump's 'Outrageous' Covington Attack
Defense attorney groups on Wednesday expressed concern over President Donald Trump's retaliation against Covington & Burling LLP attorneys for representing former special counsel Jack Smith, asking the wider legal community to join their members in condemning the president's "outrageous action."
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February 26, 2025
Walmart Injury Suit Wrongly Axed For Fraud, Panel Says
A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.
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February 26, 2025
Calif. AG's Hiring Of Lieff Cabraser In Climate Suit Challenged
California Attorney General Rob Bonta improperly hired Lieff Cabraser Heimann & Bernstein LLP to assist with the state's climate deception suit against fossil fuel companies when attorneys in his office were capable of handling the litigation, the union representing the public lawyers contended in a newly filed state court complaint.
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February 26, 2025
Debt Collectors Accused Of Preying On Fla. Military Members
Two debt collectors operating in Florida are accused of repeatedly violating the Fair Debt Collection Practices Act by filing lawsuits to collect consumer debt from military service members after the statutes of limitation expired on claims, according to a proposed class action filed Wednesday in federal court in Jacksonville.
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February 26, 2025
GOP Reps. Criticize Judges At 'Impeachathon'
A trio of House Republicans on Wednesday unveiled a list of federal judges they're targeting for impeachment as they, along with presidential adviser Elon Musk, go after those who rule against the Trump administration's executive actions.
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February 26, 2025
No DQ For Norton Rose In Texas Competition Row, Court Says
Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.
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February 26, 2025
Conn. Judge Tosses False Origin Claims In Atty's Firing Suit
A Connecticut federal judge has dismissed an attorney's lawsuit against his former firm and a litigation finance group described as its biggest client, nixing false designation and false origin claims surrounding the firm's alleged use of his name to lure clients after firing him.
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February 26, 2025
Judge Won't Disqualify Firm In Solar Co. Fraud Fight
A federal judge denied Michigan residents' attempt to disqualify attorneys representing a bankrupt solar company's former founding CEO in their fraud case, holding that the law firm's allegedly obstructionist discovery tactics don't amount to an actual conflict of interest.
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February 26, 2025
Foley & Lardner Can't End Claims It 'Strung Along' Recruiter
A legal recruiting firm can continue to pursue its claim that Foley & Lardner LLP strung it along by implying it was considering a request to bump up the recruiter's fee for placing a high-value attorney at the Boston firm, a Massachusetts state court judge ruled on Tuesday.
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February 26, 2025
Investor Says Lowenstein Sandler Violated Dispensary Deal
An investment group involved in a complex dispute between Lowenstein Sandler LLP and a cannabis dispensary has asked a New Jersey state judge to enforce a settlement order and sale order, alleging the firm has violated previous legal rulings while pursuing its claim for purportedly unpaid legal fees.
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February 26, 2025
Michigan Counties Say Firm's Client Solicitations Merit DQ
Michigan counties sought to disqualify plaintiff firm Visser & Associates PLLC Tuesday, telling a federal judge that the lawyers went back on their word by soliciting potential class members in a suit claiming the government entities improperly kept a surplus of foreclosed home sales.
Expert Analysis
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.