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Legal Ethics
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March 31, 2025
Ex-Workday Atty's Bias Claims Axed, Stock Dispute Kept Alive
A California federal judge tossed a Black ex-Workday attorney's claims that he endured race and disability bias that culminated in the software vendor sending police to his house to conduct an unnecessary wellness check, but the judge allowed the attorney pursue claims that he was shorted on stock options.
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March 31, 2025
Perkins Coie DQ'd From Facial Recognition IP Suit
Perkins Coie LLP has been disqualified from defending Jumio Corp. in a patent infringement lawsuit involving facial recognition technology, with the San Francisco federal judge who signed the order citing the firm's prior general corporate and intellectual property representation of plaintiff FaceTec Inc.
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March 31, 2025
Boston Bomber Judge Won't Recuse From Juror Bias Inquiry
A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.
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March 31, 2025
Eric Adams Urges Speedy Dismissal As NYC Primaries Loom
New York City Mayor Eric Adams on Monday urged a Manhattan federal judge to promptly throw out his bribery and corruption charges, pointing to an upcoming mayoral election filing deadline and the court's previous vows to rule quickly.
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March 29, 2025
Up Next At High Court: Terror Liability, Health Provider Choice
The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers.
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March 28, 2025
Judge Blocks Bid To 'Hijack' $44M Ga. Realtor Settlement
A Georgia federal judge on Friday rejected a bid by the plaintiffs who brought a series of landmark fee inflation claims against the National Association of Realtors and major brokerages to intervene in a similar Peach State action, putting their bid to block an alleged lowball settlement on ice.
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March 28, 2025
Failed Software Secrets Case Costs MasterCard Unit $2.8M
A federal judge in Utah has ordered a MasterCard unit to cough up over $2.8 million in legal fees for "aggressively" litigating an "objectively specious" trade secrets suit against two McKinsey consultants who went on to found one of MasterCard's only serious rivals in a corner of the business analytics software market.
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March 28, 2025
TSI Ch. 7 Trustee Opposes Firm's Withdrawal From The Case
The Chapter 7 trustee for the Teams Systems International estate is opposing the withdrawal of law firm Cross & Simon from representing the defunct company and its principals in an adversary action alleging the misappropriation of some $14 million of funds in the years leading up to the bankruptcy, arguing it will leave the defendants without counsel with multiple matters pending.
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March 28, 2025
Judge Won't End Atty Dispute Over Beirut Bombing Suit
A federal judge declined to give a Maryland law firm a pretrial win in a lawsuit brought by two Houston attorneys who accused it of unfairly terminating a joint venture for litigation over the 1983 Beirut barracks bombing.
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March 28, 2025
Tubi Says Keller Postman Breached Deal In Arbitration Fight
The D.C. federal judge overseeing video streaming service Tubi Inc.'s tortious interference suit against Keller Postman LLC over mass arbitration claims ordered the parties on Friday to schedule a status conference for next month, in light of Tubi's claims that the firm violated an agreement.
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March 28, 2025
No Admission Needed For Conn. Atty To Use Anti-SLAPP Law
A Connecticut attorney and his Hartford firm weren't required to admit that they engaged in allegedly disparaging speech against a former employee in order to use the anti-SLAPP statute in their attempt to toss the case, a state appeals court ruled Friday in a matter of first impression.
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March 28, 2025
Shutts & Bowen Accused Of Sinking Florida Country Club Sale
A real estate corporation is suing Florida firm Shutts & Bowen LLP and one of its partners for malpractice, alleging that as part of a fee dispute, they scuttled a deal for the sale of a country club that the business had been negotiating.
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March 28, 2025
3rd Circ. Preview: April Arguments Feature Class Action Rows
The Third Circuit's April argument lineup springs into action with securities litigation brought by Walmart investors claiming they were misled about the government's opioid investigation into the company, and a bid to upend an attorney fee award stemming from the settlement of data breach litigation against convenience store chain Wawa.
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March 28, 2025
NC Atty Can't Shield Bank Docs From Tycoon In Hacking Suit
A North Carolina attorney and former FBI agent can't stop aviation tycoon Farhad Azima from parsing through his bank records as part of an international hacking conspiracy case, a federal judge said Friday, though he did limit the scope of the records Azima sought.
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March 28, 2025
NJ Law Firm Beats DQ Bid Over Atty's Indictment
The indictment of Brown & Connery LLP senior partner William Tambussi on since-dismissed racketeering charges does not create a conflict of interest that would require the firm to stop representing New Jersey in an employee retaliation lawsuit, a state appellate court has ruled.
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March 28, 2025
Ohio Judge Admits To Steering Receivership Work To Friend
Ohio's judicial disciplinary panel on Friday tossed objections to an ethics grievance filed against a family court judge, after the judge admitted she jockeyed for divorce cases in other judges' courts and funneled hundreds of thousands of dollars worth of work to her friend, a court-appointed receiver with whom she said she had fallen in love.
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March 28, 2025
Attorney Accused Of Tax Scam Wants Opposing Counsel Cut
An attorney accused by a precious metals dealer's partnership of selling it a tax scam asked a Colorado federal court to disqualify the partnership's attorney from the case, saying the lawyer has a conflict because he formerly represented her.
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March 28, 2025
Judges Block Trump's Jenner & Block, WilmerHale Orders
Jenner & Block LLP and WilmerHale both won temporary restraining orders late Friday blocking President Donald Trump's executive orders targeting the firms, with two Washington, D.C., federal judges determining the firms have shown the orders are likely retaliation for their representation of certain clients.
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March 27, 2025
Trade Court Skewers ITC Over Secretive Redaction Policy
The U.S. Court of International Trade issued a stinging rebuke of the U.S. International Trade Commission Thursday, clarifying disclosure laws and accusing the quasi-judicial agency of being too protective of information it deems "confidential" in violation of basic transparency rules.
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March 27, 2025
Trump Targets WilmerHale In 5th BigLaw Executive Order
WilmerHale became the fifth large law firm to be on the receiving end of an executive order restricting its ability to practice law, with President Donald Trump on Thursday targeting the firm over its ties to former special counsel Robert Mueller as well as its immigration pro bono work and diversity practices.
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March 27, 2025
Illinois Atty Faces Indefinite Suspension For Ignoring Appeal
A relatively new lawyer in Illinois who failed to meet appellate briefing deadlines and ignored an order to explain why should be suspended until the state high court can assess her fitness to practice, an attorney conduct watchdog panel recommended.
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March 27, 2025
Fitch Even Sues Ex-IP Client In Effort To End Malpractice Case
Fitch Even Tabin & Flannery LLP has launched a lawsuit asking an Illinois federal court to declare that the co-founder of a former client isn't the inventor behind a prenatal test patent, which the firm said would put a stop to a malpractice case against it in state court.
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March 27, 2025
Ex-Atty Ran $840M Tax Evasion Scheme, DOJ Says
A former tax and real estate attorney ran a nationwide scheme that helped his customers avoid paying taxes on as much as $840 million in capital gains, the federal government told an Idaho federal court Thursday.
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March 27, 2025
Full 7th Circ. Urged To Review Law Prof's Retaliation Suit
The full Seventh Circuit was asked on Thursday to revisit a panel's ruling reviving a retaliation claim from a law school professor at the University of Illinois in Chicago who was disciplined for including a redacted racist slur on an exam, saying the opinion "raises, without answering, questions of exceptional importance that will have sweeping implications for university officials."
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March 27, 2025
Texas IP Attys Get $60K Sanction For Unauthorized Practice
A San Francisco federal magistrate judge has leveled more than $60,000 in personal sanctions against Texas intellectual property lawyer William Ramey III and two other attorneys from his high-volume patent firm, saying two of them practiced law without a California license in numerous cases to escape paying out-of-state admission fees of $328 per lawyer.
Expert Analysis
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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.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.