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Legal Ethics
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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.
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February 06, 2025
Chaitman Offers $900,000 To Settle Mal Claim In RE Case
Chaitman LLP and its principal, Helen Davis Chaitman, have offered $900,000 to settle a malpractice lawsuit stemming from real estate litigation, according to a filing in New Jersey Superior Court.
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February 06, 2025
Judge Questions Firm's Candor In Apple, Amazon Docs Row
A Washington federal judge said on Thursday there was "troubling shifting" around Hagens Berman Sobol Shapiro LLP's explanation of texts and emails with a client who disappeared from a proposed class action targeting Amazon and Apple, while also saying it might not matter because the firm found substitute plaintiffs.
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February 06, 2025
Colo. Panel Upholds State Attys' Immunity In Defamation Row
A Colorado appeals panel on Thursday upheld the dismissal of a state economist's defamation claims against two government lawyers, finding that nothing in the state's government immunity statute carves out an exception for lawyers and that professional misconduct does not automatically cancel lawyers' immunity.
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February 06, 2025
Calif. Firm Settles Photographer's IP Claim Over Photo Use
A New Mexico photographer told a California federal judge on Thursday that he was ending his copyright infringement suit against Santa Monica immigration law firm Wolfsdorf Rosenthal LLP over ownership of a photograph on the firm's website, as the two sides have reached a settlement.
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February 06, 2025
Girardi's Mental Evaluation At NC Prison Extended By 15 Days
A California federal judge Thursday ordered Tom Girardi's psychiatric evaluation at a North Carolina federal prison to be extended by 15 days, and she also lectured Girardi's public defender while saying she "could not have imagined" why it took 17 days to get his client's medical records sent to the facility.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.