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Legal Ethics
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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.
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February 18, 2025
NY High Court Upholds Ethics Commission In Cuomo Case
New York's highest court on Tuesday affirmed the constitutionality of the state's recently revamped ethics commission in an order reversing a lower court ruling that sided with embattled former Gov. Andrew Cuomo amid an investigation related to his use of government employees to help him publish and promote a book.
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February 18, 2025
Ex-BigLaw Atty Who Killed Wife Joins Fray Over Deal Funds
The former BigLaw partner who fatally shot his wife has entered a Georgia state court dispute over the distribution of wrongful death proceeds related to her death, saying he was required to assign the proceeds to his wife's godson as part of his plea deal but took no position on the validity of that assignment.
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February 18, 2025
Georgia Justices Revive Defamation Suit Against Atty
An orthopedic surgeon in Georgia will get another chance to prove he was defamed by a defense attorney, after the Supreme Court of Georgia found a state appellate court mistakenly used the well-known "actual malice" standard to toss the case instead of the relevant state law standard.
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February 18, 2025
Baker Botts Partner Says Inventor's Atty Is Threatening Her
A Baker Botts LLP lawyer being sued over her comments in a news article about a patent suit against Starbucks Corp. accused opposing counsel of threatening her in an email exchange over the details of a deposition.
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February 18, 2025
Ga. Atty Chastised For Pasting Judge's Signature On Order
The Georgia Supreme Court on Tuesday reprimanded an attorney who cut and pasted a judge's signature on a proposed order in a case, in a move the lawyer later claimed was done in the name of "increasing the efficiency" of his filings.
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February 18, 2025
NJ High Court Rejects Ban On Out-Of-State Atty Referral Fees
The New Jersey Supreme Court ruled Tuesday that state-certified attorneys are allowed to pay referral fees to out-of-state lawyers even if they are not licensed in the Garden State, overturning an ethics committee's advisory opinion that said the payments were forbidden.
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February 18, 2025
Adams, Feds Ordered To Explain Dismissal Bid At Hearing
A Manhattan federal judge demanded details Tuesday and scheduled a hearing after the Justice Department asked to dismiss criminal charges against New York City Mayor Eric Adams, signaling that the court would not rubber-stamp the request following allegations of a corrupt bargain and mass resignations of prosecutors in protest.
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February 14, 2025
DaBaby Gets Fla. Atty Sanctioned For 'Frivolous' Claims
A Florida federal judge has sanctioned a Florida lawyer for "objectively frivolous" civil conspiracy claims brought against rapper DaBaby following an alleged altercation that happened before a scheduled performance, saying that his conduct "causes the court to question whether [he] should be appearing before any court in our district or state."
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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.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.