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Legal Ethics
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February 10, 2025
Experts Sound Alarm After Musk, Vance Float Ignoring Judges
Attorneys and constitutional experts say the warning lights "are blinking red" after Vice President JD Vance and Trump confidante Elon Musk took to social media to attack the independence of the judiciary over the weekend.
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February 10, 2025
Attys Shouldn't Be Sanctioned For Press Briefing, Parents Say
The parents of a Black man police fatally shot in 2022 urged a Georgia federal judge not to sanction their Claiborne Firm PC attorneys for a holding a press conference that the city of Savannah says attempted to sway the jury that will hear the police officer's case.
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February 10, 2025
NJ Attys Agree To End Libel Suit Over Father's Money
Prominent class action attorney Carl J. Mayer has settled a defamation lawsuit against his brother and two cousins that claimed the trio falsely accused Mayer of stealing money from his elderly father, leading to a drop-off in referrals from other attorneys.
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February 10, 2025
BCLP Received Improper OK To Challenge Ga. Fee Ruling
A Georgia state appeals court said Monday that it improperly gave Bryan Cave Leighton Paisner LLP the green light to appeal a trial court ruling ordering the firm to return more than $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator.
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February 10, 2025
Goldstein Rearrested After Feds Say He Hid Millions In Crypto
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein was arrested again Monday following his earlier release on criminal tax evasion charges, after prosecutors alleged that he secretly made millions of dollars worth of cryptocurrency transactions in recent days and was a serious risk to flee.
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February 10, 2025
Ex-FTC Commissioner's Accusers Call Damages Bid 'Fiction'
Women who accused former FTC Commissioner Joshua Wright of sexual misconduct stemming from his role as a law professor have told a Virginia judge that his damages expert in his defamation lawsuit against them failed to do his homework and his testimony shouldn't be allowed at the upcoming trial in the case.
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February 07, 2025
Injury Attys In Hot Water Over Possible AI-Hallucinated Cites
Morgan & Morgan PA and the Goody Law Group on Friday withdrew pretrial motions in a personal injury lawsuit against Walmart over an allegedly defective hoverboard after a Wyoming federal court ordered the firms to explain why the filings contained what appears to be case law hallucinated by generative artificial intelligence.
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February 07, 2025
2nd Circ. Orders In-House Counsel Docs In Grand Jury Case
The Second Circuit on Friday ruled that an in-house attorney for a publicly traded company under federal investigation in New York must turn over communications as part of a grand jury investigation under the crime-fraud exception to attorney-client privilege.
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February 07, 2025
NC Judge Knocked By Fed. Circ. For Rushing Patent Trial
A Federal Circuit panel on Friday stripped a patent case over respiratory treatment devices away from a North Carolina federal judge, with the appeals court reversing a noninfringement verdict that came out of a jury trial he oversaw and finding that it was at least the second time the judge "did not intend to manage a fair trial."
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February 07, 2025
DC Prosecutor Axed Jan. 6 Case Against Client, Group Says
A legal group filed a bar complaint in Missouri Thursday against President Donald Trump's top prosecutor in Washington, D.C., saying the attorney violated rules of professional conduct when, in his new government role, he moved to dismiss charges related to the U.S. Capitol attack against his own client.
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February 07, 2025
Fed. Circ. Pushes Back At Doctors Who Vouched For Newman
The Federal Circuit judges considering Judge Pauline Newman's request to end her suspension said Friday that they had retained doctors who have expressed "significant concerns" that there are errors and oversights in reports from physicians who deemed the 97-year-old judge fit to serve.
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February 07, 2025
Fla. Atty Couple Can't Escape Verdict Over Abandoning House
A Florida state appeals court has reinstated the original verdict against an attorney husband and wife team for breaching a lease agreement on a rental house and leaving it in disrepair, ruling that a reasonable jury could find that the landlord performed his expressly authorized duties to preserve the property.
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February 07, 2025
Conn. Trial Firm Partner Seeks Sanctions In Heated Split-Up
Connecticut Trial Firm LLC former co-owner Andrew Garza has asked a Connecticut Superior Court judge to issue sanctions against his former 50-50 partner, Ryan McKeen, accusing McKeen of "misconduct presenting a threat to the administration of justice" in heated litigation over the firm's split.
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February 07, 2025
Pullman & Comley Escapes Ex-Tech CEO's Legal Ethics Claim
A Connecticut state judge ruled that the former CEO of WorldQuant Predictive Technologies LLC cannot sue Connecticut law firm Pullman & Comley LLC over the loss of $6 million in WorldQuant stock, determining that he should have raised those concerns earlier in the termination process.
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February 07, 2025
NAFTA Case Useful In Bid To DQ Quinn Emanuel, Judge Says
A Florida federal judge has ruled that a Mexican oil company can use information on dismissed NAFTA arbitration and other documents in a bid to disqualify former counsel Quinn Emanuel, saying the evidence is relevant to underlying litigation over alleged funds transfers.
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February 07, 2025
Fla. Atty Disbarred For Fund Mishandling, Cover-Up, Contempt
A lawyer in Florida has been disbarred over uncontested allegations of misconduct, including not filing a lawsuit on behalf of a client, fabricating a settlement amount and paying the client out of her personal bank account using commingled funds from an unrelated settlement.
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February 07, 2025
UAE Prisoner Subpoenas Ex-Dechert GC Over Torture Claims
A Jordanian lawyer imprisoned in the United Arab Emirates has subpoenaed Dechert's former general counsel in the U.S. over what the law firm's top brass knew of alleged human rights abuses said to have been committed by a former partner.
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February 07, 2025
NJ AG Seeks To Escape Retaliation Suit Over Alleged Fraud
The New Jersey Attorney General's Office is urging a state judge to reconsider a ruling that denied its bid to escape a lawsuit accusing the Warren County Prosecutor's Office of retaliating against two officers for their part in uncovering an alleged fraud scheme, saying the office cannot be held liable for the purported misconduct.
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February 07, 2025
Prosecutors Urge Ga. Justices To Revive Trump Charges
Prosecutors have called on the Georgia Supreme Court to undo a state appellate decision that affirmed the dismissal of six counts in the state's election interference case against President Donald Trump, former New York Mayor Rudy Giuliani and others.
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February 07, 2025
4th Circ. Says LeClairRyan Founder May Duck Tax Liability
Defunct law firm LeClairRyan PLLC's operating agreement did not bar founder Gary LeClair from jumping ship in time to potentially dodge massive tax bills tied to the firm's collapse, the Fourth Circuit ruled Friday.
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February 07, 2025
NJ Supreme Court Snapshot: Paterson Police, Immigrant Pay
The New Jersey attorney general's takeover of the embattled Paterson police department and a dispute over how undocumented migrants are treated under the state's wage law are among the matters the Garden State high court recently agreed to tackle.
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February 07, 2025
Goldstein's Pro Se Filing Irks Feds Amid Murky Atty Situation
Prosecutors have asked a Maryland federal judge to strike a pro se motion from Tom Goldstein in his tax evasion case, saying the U.S. Supreme Court attorney and SCOTUSblog publisher shouldn't be allowed to personally make arguments to the court when he is represented by several experienced lawyers.
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February 07, 2025
Judge In Ga. 2020 Election Fraud Case To Retire
Chief Judge Timothy Batten Sr. of the Northern District of Georgia, who presided over one of the many lawsuits alleging fraud in the 2020 presidential election, has informed the president he will retire May 23.
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February 07, 2025
Fla. Ethics Watchdog: Judge Should Testify If Subpoenaed
A Florida judge should testify if subpoenaed by a former intern challenging the denial of her admission or reinstatement to the state bar, according to a new ethics opinion issued by the state's judicial watchdog.
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February 06, 2025
USPTO Suspends Atty For Mishandled China IP Applications
A Seattle attorney faces suspension from handling cases before the U.S. Patent and Trademark Office after allowing a China-based intellectual property company to file new trademark applications without first reviewing the documents, including allowing the IP service provider to sign the lawyer's name to documents.
Expert Analysis
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Series
Coaching High School Wrestling Makes Me A Better Lawyer
Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.
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SG's Office Is Case Study To Help Close Legal Gender Gap
As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.
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Verizon Benefits Ruling Clears Up Lien Burden Of Proof
A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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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.