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Legal Ethics
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February 14, 2025
Almost Everyone Hates The Judiciary's Amicus Rule Revamp
Policymakers for the federal judiciary Friday did what often seems impossible in a polarized nation, uniting powerful advocates for defense counsel, trial lawyers, corporations and consumers on a controversial issue. Unfortunately for the policymakers, those advocates were united by antipathy for major rule changes affecting amicus brief filers.
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February 14, 2025
FTC Political Appointees Told To Break Up With 'Leftist' ABA
Federal Trade Commission Chair Andrew N. Ferguson told agency staff in a letter that political appointees cannot hold leadership positions in the American Bar Association, attend its events or renew their memberships, citing the ABA's "leftist advocacy and its recent attacks" on the Trump administration's agenda.
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February 14, 2025
NJ Appeals Court Confirms Officials' Votes Were Conflicted
A New Jersey state appeals court on Friday ruled a trial court was right to find local officials were in conflict when they voted to terminate an attorney because the trio had defamed him during their campaigns.
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February 14, 2025
Pa. Injury Firm Botched Burger King Suit Service, Suit Says
A Pennsylvania woman has sued the law firm previously representing her in a slip-and-fall case against a local Burger King for legal malpractice after the state Supreme Court held that her former attorneys' attempts to have the complaint served were insufficient.
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February 14, 2025
Fla. Criminal Defense Atty Accused Of Bribing DEA Agent
New York federal prosecutors have charged a Florida criminal defense attorney with a scheme to bribe a U.S. Drug Enforcement Administration agent in exchange for nonpublic law enforcement information, which the lawyer used to recruit and represent clients, in an indictment unsealed on Friday.
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February 14, 2025
Diddy, Jay-Z Rape Lawsuit Dropped Amid Legal Ethics Battle
An anonymous woman dropped her New York federal court lawsuit accusing Sean "Diddy" Combs and Shawn "Jay-Z" Carter of raping a teenager together, claims that launched a bitter ethics feud between personal injury attorney Tony Buzbee and Jay-Z's lawyers at Quinn Emanuel Urquhart & Sullivan LLP.
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February 14, 2025
House Dems Amplify ABA Decision On High Court Ethics
Democrats on the House Judiciary Committee's courts panel urged the U.S. Supreme Court on Friday to adopt a binding and enforceable code of ethics after the American Bar Association's policy-making body advocated for such.
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February 14, 2025
Feds Hit With Brady Claims As Implant Kickback Trial Looms
Two defendants nearing trial on medical device kickback claims say Boston federal prosecutors are begrudgingly sharing mountains of exculpatory materials they should have provided years ago.
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February 14, 2025
Buchalter, Parker Milliken Get Stay In $19M Theft Suit
A California judge on Friday granted a stay to Buchalter PC and Parker Milliken Clark O'Hara & Samuelian APC while the law firms appeal a decision denying their bid to arbitrate a lawsuit accusing them of conspiring to help their client bilk nearly $20 million from some trusts in a Ponzi scheme.
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February 14, 2025
Tulsa County 'On Notice' In Jurisdiction Dispute, Suit Says
The Muscogee (Creek) Nation is asking a federal district court to block Tulsa County, Oklahoma, its sheriff and a district attorney from asserting criminal jurisdiction on its reservation, arguing they continue to defy a 2020 Supreme Court ruling that held that they lack such authority.
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February 14, 2025
House Judiciary Courts Chair Previews 'Rogue' Judges Bill
The chair of the House Judiciary Committee's courts panel is working on legislation to prevent "rogue rulings" by federal judges, which he plans to introduce on Tuesday, following adverse rulings for the Trump administration and Elon Musk's Department of Government Efficiency.
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February 14, 2025
Adams Case Careens Toward 'Messy' Hearing, Experts Say
The Manhattan federal judge overseeing the corruption case against New York City Mayor Eric Adams is unlikely to rubber stamp a request from the U.S. Department of Justice to toss the case and may instead hold a hearing on the matter, which could get "messy" and "embarrassing," experts say.
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February 14, 2025
Adams Case Fiasco 'Unparalleled' In Modern US History
The mass resignation of federal prosecutors refusing to obey a Trump administration directive to drop corruption charges against New York City Mayor Eric Adams is "unprecedented," "crazy" and "very troubling," according to law professors and former prosecutors.
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February 14, 2025
Off The Bench: Trans EO, Cards Arbitration, NASCAR Revs Up
In this week's Off The Bench, litigation begins over President Donald Trump's executive order banning transgender individuals from competing in women's sports, a former Arizona Cardinals executive's defamation suit against the team is shuffled to arbitration, and NASCAR asks an appeals panel to reverse wins handed to two teams in their antitrust suit.
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February 14, 2025
BakerHostetler Can't Keep Ga. Malpractice Suit In Fed. Court
BakerHostetler lost its bid Friday to keep a former client's suit alleging the firm botched its legal representation of its patent applications for a smart wardrobe system in federal court, with a Georgia federal judge rejecting the firm's argument that the claims involve patent law.
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February 14, 2025
Pashman Stein Gets Arbitration Award Against Atty Confirmed
Pashman Stein Walder Hayden PC on Friday won confirmation for an $88,000 award against an intellectual property attorney and former client it sued over unpaid legal fees in New Jersey state court.
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February 14, 2025
Fla. Atty Disbarred After 'Serious Pattern Of Neglect'
The Florida Supreme Court has permanently yanked the law license of former Sunshine State attorney Danialle Riggins for demonstrating a "serious pattern of neglect" with clients and other misconduct, including yelling at a judge during court.
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February 14, 2025
Rewarding Ex-Atty For Killing Wife Is Unjust, Ga. Court Told
The administrator of the estate of the wife of a former BigLaw attorney urged a Georgia state court to block the husband's bid to designate the settlement proceeds of a wrongful death suit, arguing that it "does not seem just to reward" him after he "did, in fact, shoot and kill his wife."
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February 14, 2025
Texas Justices End Election Ethics Suit Against AG Paxton
Texas justices on Friday granted the state Commission for Lawyer Discipline's motion to drop the commission's ethics complaint against Attorney General Ken Paxton, citing its decision last month in a "nearly identical" suit against Paxton's first assistant.
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February 14, 2025
DOJ Files Motion To Drop Adams Case After Prosecutors Exit
The U.S. Department of Justice filed a motion to dismiss the corruption case against New York City Mayor Eric Adams, following a flood of resignations by government lawyers who defied a top DOJ official's orders to drop the charges for political reasons.
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February 14, 2025
Ex-JPMorgan Atty Pleads Guilty To NYC Housing Fraud
A one-time Bronx, New York, prosecutor and former JPMorgan Chase & Co. assistant general counsel pled guilty along with two relatives to a scheme to fraudulently obtain affordable housing units and benefits, state investigators announced Friday.
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February 13, 2025
After Winning $18M, ASUSTek Foe Asks For New Patent Trial
A patent litigation company that obtained a nearly $18 million award from a federal jury in Waco, Texas, against Taiwanese computer manufacturer ASUSTeK says it wants to try winning some more money at a new trial, though the company admitted it "recognizes the extraordinary nature of the relief it is requesting."
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February 13, 2025
PQA Loses Bid To Fight VLSI's Extortion Claims In Fed. Court
Patent Quality Assurance LLC must return to state court to face a suit claiming it had extortionary intent when challenging VLSI Technology's chip patent, a Virginia federal judge held Thursday.
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February 13, 2025
Lawsuit Trimmed Over Holland & Knight Atty's File Access
A Pennsylvania federal judge on Thursday trimmed most of a lawsuit that one Philadelphia law firm had filed against another over an attorney's alleged unauthorized access to confidential files as part of his divorce.
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February 13, 2025
Madigan Verdict Caps Stunning Fall For Powerful Chicago Pol
Former Illinois House Speaker Michael Madigan's conviction Wednesday on bribery and wire fraud charges marked a stunning fall from grace for a man who was the longest-serving legislative leader in the country and who wielded considerable influence in the state and the city of Chicago for decades.
Expert Analysis
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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High Court Injunction Case Could Shake Up Fee-Shifting Rules
In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.