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Legal Ethics
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February 20, 2025
Ex-Heritage Pharma CEO Disciplined Over Price-Fixing Case
The New Jersey Supreme Court has retroactively suspended the former chief executive of Heritage Pharmaceuticals Inc. from the state bar for three years over his role in a price-fixing conspiracy.
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February 20, 2025
Texas Bar Forbids Revenue Sharing With Non-Atty Companies
In a new opinion, the State Bar of Texas' ethics watchdog said lawyers shouldn't pay revenue percentages to nonlawyer-owned businesses that provide legal support services, though attorneys may own equity interests in such companies under certain conditions.
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February 19, 2025
'Convict My Ass': Judge Admits Killing Wife In Police Video
Orange County Superior Court Judge Jeffrey Ferguson's trial for allegedly murdering his wife opened Wednesday with shocking video footage of the judge sitting alone, handcuffed in a police station interrogation room, muttering to himself "I killed her. Ladies and gentlemen of the jury, convict my ass. I did it."
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February 19, 2025
Savannah Officials Rip 'Prejudice' From Attys' Press Briefing
Savannah, Georgia, officials have doubled down on their bid to sanction Claiborne Firm PC attorneys for allegedly mischaracterizing facts during a press conference related to the fatal police shooting of a Black man in 2022.
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February 19, 2025
Netflix Wants IP Atty Sanctioned Over Alleged Doc Sharing
Netflix urged a California judge Tuesday to require a prolific patent plaintiff's former counsel to explain why they shouldn't be held in civil contempt and sanctioned for allegedly giving Netflix's confidential financial information to nonparty AiPi LLC, arguing discovery in another patent case has revealed AiPi is "shadow lead counsel."
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February 19, 2025
Walgreens Says $1B COVID Testing Award Must Be Nixed
Walgreens is urging a Delaware federal judge to rethink his decision enforcing a $987 million arbitral award to a lab testing and diagnostics company in a dispute over COVID-19 tests, arguing Tuesday that he ignored that the arbitrator "invented" language in the contract to arrive at his conclusion.
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February 19, 2025
Detroit Judge May Be Immune Despite 'Outrageous' Fake Trial
A Michigan federal judge on Wednesday said that while a Detroit judge's decision to put a teen through a "judicial-like" proceeding for falling asleep in his courtroom while on a field trip may have been "outrageous," it may not strip his ability to claim he is immune from her lawsuit.
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February 19, 2025
Amazon Drivers Deny Discovery Lapses In Yearslong Pay Suit
Ten former Amazon Flex delivery drivers are pushing back against the e-commerce giant's bid to disqualify them as plaintiffs in an eight-year-old collective wage action, contending they have "gone above and beyond" in their efforts to comply with the company's document demands.
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February 19, 2025
NJ Lawyer Sanctioned, Barred From New SDNY Petitions
A New Jersey lawyer is blocked from filing new petitions in Southern District of New York bankruptcy court and must pay a $2,000 fine to a local Legal Aid Society following an alleged pattern of filing and then abandoning bankruptcy cases, according to a Wednesday sanctions order.
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February 19, 2025
GOP Reps Move To Impeach SDNY Judge, Threaten More
Republican House members have introduced an article of impeachment against U.S. District Judge Paul Engelmayer of the Southern District of New York, following conservative backlash to him and others who have ruled against the Trump administration's early moves to assert control over the executive branch and federal programs.
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February 19, 2025
Silver Point Knocks SEC Suit Over Attorney Info Access Rules
Investment adviser Silver Point Capital LP said it did not need to write special rules banning a now-deceased former BigLaw bankruptcy attorney from sharing information between its business units, accusing the U.S. Securities and Exchange Commission of filing a "farfetched theory of noncompliance" in a Connecticut enforcement action.
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February 19, 2025
Franchise Group Gets Tentative Deal On Ch. 11 Voting Process
Retail chain operator Franchise Group Inc. and a group of lenders told a Delaware bankruptcy judge on Wednesday they were close to agreeing on a disclosure statement for Franchise Group's Chapter 11 plan that will let the debtor take votes on the proposed debt-for-equity and liquidation deal.
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February 19, 2025
Ga. Judge Faces Another Round Of Misconduct Charges
A Georgia state judge is facing a new set of ethics violation charges ahead of her ethics case trial next month and is now accused of improperly helping her uncle seek an extension to file an answer in a matter and locking up a woman during her parents' divorce hearing without justification.
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February 19, 2025
McCarter & English Says 'Offensive' Post Backs Atty's Firing
McCarter & English LLP has moved to dismiss a fired ex-associate's suit alleging discrimination based on his status as a veteran, telling a New Jersey state court that it had the right to terminate the at-will attorney for an allegedly offensive LinkedIn post.
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February 19, 2025
3rd Circ. Hints County's Probation Detainers Need Scrutiny
Civil rights advocates told the Third Circuit that Allegheny County, Pennsylvania, is jailing defendants for probation violations too hastily, and the panel appeared open Wednesday to reviving a lawsuit against several county judges for more developments.
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February 19, 2025
Adams, DOJ Quizzed On Dismissal Bid By Wary Judge
A Manhattan federal judge on Wednesday scrutinized the U.S. Department of Justice's motion to dismiss corruption charges against New York City Mayor Eric Adams, rankling attorneys on both sides as he declined to "shoot from the hip" and immediately rule.
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February 19, 2025
Jay-Z's Roc Nation Aims To Exit Buzbee Conspiracy Suits
Shawn "Jay-Z" Carter's company Roc Nation has asked a Texas federal court to let it escape two lawsuits against it and Quinn Emanuel Urquhart & Sullivan LLP alleging that they recruited former clients to bring malpractice claims against the Buzbee Law Firm in retaliation for accusing the rap star of rape.
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February 19, 2025
Ex-Defender Again Tries To Revive Sex Bias Suit At 4th Circ.
A former assistant public defender in North Carolina is urging the Fourth Circuit to reverse a bench ruling that dashed her long-running bias suit against the federal judiciary, saying the indifference she allegedly endured after she reported being sexually harassed proves her case.
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February 19, 2025
Trump Media Co. Sues Brazilian Supreme Court Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. filed suit Wednesday, accusing a Brazilian Supreme Federal Court justice of illegally suppressing political speech in the United States by ordering X and other social media platforms to block accounts spreading disinformation.
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February 18, 2025
Law Schools, Attys Defend Judiciary Amid Gov't Attacks
More alarm bells rang Tuesday over the Trump administration's recent remarks questioning the judiciary's authority to keep the executive branch's power in check, as more than 2,000 American lawyers and a group representing U.S. law schools voiced concern about the need to uphold the country's constitutional democracy.
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February 18, 2025
Jury Won't Tour Living Room Where Calif. Judge Shot Wife
A California state judge facing trial this week on charges of murdering his wife lost his bid to have jurors tour the living room of the house where she was shot to death, after a Los Angeles County judge ruled Tuesday that there's sufficient photographic evidence of the scene.
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February 18, 2025
Reed Smith Removed In $102M Shipping Group Award Fight
A New York federal judge granted a request by the purported new owners of Eletson Holdings Inc. and removed Reed Smith LLP as counsel in a $102 million breach of contract suit the firm brought on behalf of the international shipping group in 2023.
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February 18, 2025
Car Dealer Can't Depose Government In 'Deceptive' Price Suit
A Nissan dealer cannot depose the Federal Trade Commission or the state of Connecticut in a dual enforcement action alleging that it charged consumers "deceptive" price add-ons, a federal magistrate judge has ruled, agreeing that the government had already provided all relevant discovery or was planning to do so.
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February 18, 2025
Convicted Pharma Exec Seeks Trial Redo, Citing Feds' Error
A former pharmacy executive convicted on criminal charges over a healthcare scheme that defrauded the government of $160 million has urged a Texas federal court to grant him a new trial, arguing an admission of error by the federal government necessitates a redo.
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February 18, 2025
Judiciary Dems Denounce Ethics Watchdog Changes At DOJ
Democrats on the Senate Judiciary Committee on Tuesday objected to what they said is a plan for political appointees at the Department of Justice to oversee agency ethics decisions instead of career officials.
Expert Analysis
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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.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.