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Legal Ethics
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February 25, 2025
NJ Atty Suspended Over Secret Outside Legal Work
A Garden State lawyer has been suspended for two years by the state's Supreme Court for surreptitiously accepting payments for legal services while never opening a file at his former firm for the clients or sharing profits with the firm, but instead had clients pay him directly.
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February 25, 2025
Referral Co. Barred From $5.54B Swipe Fee MDL Settlement
A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Family Of Wife Killed By Ex-BigLaw Atty Still Fighting For Funds
The cousins of the woman killed by her former BigLaw partner husband urged a Georgia state court to reject a bid to deprive them of the settlement proceeds from the underlying wrongful death suit, saying the court shouldn't rely on the ex-lawyer's assertions that she wanted the funds to go to her godson.
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February 25, 2025
Calif. Bar Touts Reduction In Racial Disparity In Atty Discipline
The State Bar of California has reported what it calls "significant" shifts toward equity in attorney discipline in the five years since a watershed study showed a decades-long trend of disparity, including that Black male attorneys were more than three times as likely to be placed on probation or disbarred compared to their white counterparts.
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February 25, 2025
Patent Exec Says Starbucks Is Liable For Atty's Statements
A patent-licensing company executive pushed back on Starbucks Corp.'s attempt to exit his defamation lawsuit over statements from counsel for Starbucks, arguing the Florida federal court has jurisdiction partly because the executive lives in the district.
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February 25, 2025
King & Spalding Beats Bias Suit Over Summer Program
King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.
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February 25, 2025
Lawyer Who Became Client's 'Punching Bag' Scores Case Exit
A Connecticut attorney who claimed he became his Massachusetts client's "punching bag" can exit her medical negligence lawsuit against two doctors accused of misplacing or destroying her embryos, a Milford judge ruled Tuesday.
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February 25, 2025
10th Circ. Asked To Rethink Denying Atty's Racing Deductions
A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.
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February 25, 2025
High Court Orders New Trial In Okla. Death Row Case
The U.S. Supreme Court on Tuesday ordered a new trial for an Oklahoma inmate whose conviction and death sentence for a 1997 murder, the state confesses, was the product of prosecutors withholding evidence and knowingly presenting false testimony.
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February 24, 2025
Ex-Judge Hopes To Avoid Testimony In Atty Romance Probe
Former Texas bankruptcy judge David R. Jones said Monday that he's been talking with the U.S. Trustee with the aim of avoiding "live trial testimony" in the probe of his undisclosed romantic relationship with a former Jackson Walker LLP partner, arguing that he's already given a deposition.
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February 24, 2025
Injury Attys Sanctioned Over AI-Hallucinated Case Citations
A Wyoming federal judge overseeing a personal injury lawsuit against Walmart sanctioned the plaintiffs' attorneys from Morgan & Morgan PA and the Goody Law Group after they filed pretrial motions containing case law hallucinated by artificial intelligence, but acknowledged Monday their "remedial steps, transparency and apologetic sentiments."
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February 24, 2025
Okla. Attorneys Say Tribes Can't Intervene In Jurisdiction Row
Two Oklahoma district attorneys are fighting bids by the Cherokee, Chickasaw and Choctaw nations to intervene in the federal government's challenges to the DAs' attempts to prosecute tribal citizens for crimes committed in Indian Country, saying the tribes are adequately represented by the United States.
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February 24, 2025
Judge Who Ordered Pages Restored Put On Impeachment List
A Republican U.S. congressman announced Monday he has introduced articles of impeachment against a Washington, D.C., federal judge, following the judge's ruling ordering public health agencies temporarily to restore the web pages they took down in response to a Trump administration order to scrub pages of "gender ideology."
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February 24, 2025
Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort
A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.
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February 24, 2025
Trump Media Co. Wants TRO Against Brazilian Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. have asked a Florida federal court for a temporary restraining order blocking a Brazilian Supreme Federal Court justice's gag orders, arguing they illegally suppress political speech in the United States.
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February 24, 2025
Conn. Solo Wants Willkie Partner's $27K Fee Bid Slashed
A Connecticut solo practitioner who lost a First Amendment lawsuit after leaking a Willkie Farr & Gallagher LLP's partner's landlord-tenant dispute to the New York Post on Monday criticized the partner's bid to recoup his legal fees, arguing $8,250 is more reasonable than his current $27,000 demand.
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February 24, 2025
DA Willis Says 'Makes No Sense' To DQ Her From Trump Case
Fulton County District Attorney Fani T. Willis is arguing to the Georgia Supreme Court that her disqualification from prosecuting the Georgia election interference case against President Donald Trump and others was unprecedented, asserting that her ousting over the appearance of impropriety creates a dangerous precedent.
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February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial
A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
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February 24, 2025
Law Firm Must Face Malpractice Suit Over Home Project Case
The New Jersey Appellate Division reinstated a malpractice suit against a Garden State firm on Monday in a published decision finding that the plaintiff was allowed to assign some of the proceeds of the case to third parties ahead of time.
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February 24, 2025
Texas Atty Dinged For AI-Generated Fake Citations In Briefs
A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.
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February 24, 2025
High Court Rejects Dish's Bid For Atty Fees For PTAB Work
The U.S. Supreme Court on Monday turned down Dish Network's appeal arguing that, after being cleared in a patent infringement case, it was entitled to attorney fees for its successful Patent Trial and Appeal Board challenge, and from the plaintiff's attorneys.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
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February 21, 2025
Ex-Trump Atty Powell Can't Dodge Michigan Ethics Claims
The Michigan Attorney Discipline Board has denied Sidney Powell's latest attempt to shake misconduct claims over a legal challenge to Michigan's 2020 presidential election results and advancing Donald Trump's election fraud theories, finding that a Texas disciplinary board's decision not to discipline Powell isn't binding on the Michigan proceedings.
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February 21, 2025
Death Row Case Offers Window Into Prosecutors' Gender Bias
As she stood trial for orchestrating her estranged husband's 2001 murder, Brenda Andrew faced an uphill battle convincing an Oklahoma jury of her innocence. The evidence was stacked against her, but perhaps the most powerful weapon in the prosecutors' arsenal wasn't the evidence itself — it was their ability to portray her as a deviant, unfaithful woman who deserved to be executed.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Opinion
More Guidance Needed On Appellate Amicus Recusals
Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.