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Legal Ethics
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March 19, 2025
Goldstein Says Feds 'Misled' Court With Obstruction Claim
U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein wants a Maryland federal judge to sanction prosecutors in his tax evasion case for a "pattern of false and misleading statements" to the court accusing him of hiding millions in cryptocurrency and bribing his former law firm manager.
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March 19, 2025
Plaintiffs Attys Fight Arbitration, While Imposing It On Clients
Plaintiffs attorney groups have for decades lobbied against forced arbitration, saying it strips injured consumers and aggrieved workers of their right to jury trial and hides corporate misconduct from public view. But many plaintiffs lawyers nationwide have subjected their own clients to forced arbitration in their retainer contracts — including leaders of some organizations that forbid the practice, Law360 has found.
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March 19, 2025
NJ Lawyer Says SDNY Filing Ban Not In Court's Power
A lawyer who was barred from filing new petitions in the Southern District of New York bankruptcy court and was ordered to pay a $2,000 fine for an alleged pattern of filing and then abandoning bankruptcy cases is trying to overturn the judgment, arguing the court "overlooked matters" that would have counted in his favor.
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March 19, 2025
Robbins Geller Escapes Sanctions In Gas Price-Fixing Suit
A California federal judge on Wednesday rejected a bid to sanction Robbins Geller Rudman & Dowd LLP attorneys in a gas price-fixing suit, determining that the firm didn't act in bad faith or unreasonably multiply proceedings in a way that unnecessarily cost Alon USA Energy millions.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Legal Advertising Co. Escapes Texas Hurricane Ad Suit
An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.
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March 18, 2025
9th Circ. Says Nike Bias Suit Docs Can Be Ordered Destroyed
The Ninth Circuit on Tuesday ruled that a lower court was allowed to make an Oregon newspaper destroy documents it obtained related to internal workplace complaints at Nike, saying the newspaper became a party to the lawsuit alleging workplace discrimination against female employees when it intervened to get the documents.
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March 18, 2025
9th Circ. Denies Bid To Halt $24M Deal In AIG Hidden Fee Case
Lower court proceedings can still continue as a class member appeals the final approval of a $24 million settlement over claims that Travel Guard Inc., AIG and certain AIG units improperly added fees in travel insurance premiums, the Ninth Circuit ruled, rejecting the class member's emergency bid for a stay.
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March 18, 2025
Apple Attempts To Hide Discovery Are 'Systemic,' Epic Says
Epic Games is pushing a California federal judge to punish Apple for its "sanitized, fictional account" of compliance with an injunction blocking App Store anti-steering policies, arguing the iPhone-maker can't evade discovery sanctions by trying to blame the scale of document review.
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March 18, 2025
Fed. Circ. Says It Can't Review Realtek's ITC Sanctions Fight
The Federal Circuit ruled Tuesday that the appeals court can't tell the U.S. International Trade Commission to explain why it declined Taiwan-based chipmaker Realtek Semiconductor Corp.'s request for a "sua sponte ruling" over a rival's alleged conduct in a dropped patent investigation.
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March 18, 2025
Illinois Asbestos Injury Firm Escapes 'Fraud Playbook' Suit
A Chicago federal judge on Tuesday tossed a racketeering suit an industrial pipe company brought against a "prolific" Illinois asbestos litigation law firm, finding that the pipe company failed to adequately plead that the law firm formed an "enterprise" with various clients, witnesses, co-counsel and staff.
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March 18, 2025
NJ Firm Blume Forte Hit With Disability Bias Suit
New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC has been hit with a disability discrimination lawsuit in state court by a staffer who claims she was fired after a seizure and other health setbacks.
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March 18, 2025
Dem Ex-EEOC Officials Call Law Firm DEI Letters Overreach
A group of Democratic-appointed former U.S. Equal Employment Opportunity Commission officials urged acting Chair Andrea Lucas on Tuesday to rescind letters seeking information from 20 law firms about their diversity, equity and inclusion practices, saying she had exceeded the agency's power.
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March 18, 2025
Fulton DA Must Pay $54K To Law Firm Over Trump Case Docs
Fulton County District Attorney Fani Willis' office must pay more than $54,000 in attorney fees and turn over documents it wrongly withheld from an attorney representing one of the co-defendants in the Trump election interference case, a judge has ruled.
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March 18, 2025
Conn. Atty Drops Appeal In Battle With Willkie Partner
Connecticut solo practitioner Eric Grayson has withdrawn an appeal of a state court decision to toss his lawsuit against a partner at Willkie Farr & Gallagher LLP and his wife, in which he accused the couple of abusing the court process by suing him over his comments in a New York Post story about their dispute with a landlord.
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March 18, 2025
Pa. Atty, Funder Can't Escape Litigation Funding Scheme Suit
A Pennsylvania lawyer and a litigation funder must face a racketeering and negligence suit, as a Pennsylvania federal judge declined to dismiss claims brought by a client accusing his former lawyer of engaging in a conspiracy to improperly charge him inflated legal fees to cover high-interest litigation loans.
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March 18, 2025
Chief Justice Speaks Out After Trump's Impeachment Push
U.S. Supreme Court Chief Justice John G. Roberts Jr. issued a rare statement Tuesday saying "impeachment is not an appropriate response to disagreement concerning a judicial decision" after President Donald Trump called for impeaching a judge who blocked the deportation of Venezuelans.
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March 17, 2025
Ex-Avenatti Clients Resolve Fight Over Seized Honda Jet
Two of Michael Avenatti's former clients have settled their dispute over ownership interest and an insurance policy covering a $4.4 million Honda jet that the disgraced attorney allegedly purchased with stolen client funds, according to a notice filed in California federal court.
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March 17, 2025
Wayne Gretzky Suing Co-Investor For Malicious Prosecution
NHL legend Wayne Gretzky and his wife filed a lawsuit in California state court against a co-investor in a failed weight-loss business, whom he alleges lodged a meritless suit against him in 2022 to "score a quick payday" after accusing him of contributing to the demise of the company.
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March 17, 2025
'Jailhouse Lawyer' Admits Firing Off Error-Filled Filings
A convicted fraudster accused of duping people into paying him for legal work told a Manhattan federal jury on Monday that he "wanted to help people," before a prosecutor showed evidence that he "cut and pasted" often-sloppy court papers in rapid-fire fashion.
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March 17, 2025
X Corp. Says Dismissal, Sanctions Go Together In Bonus Suit
A former X Corp. senior director of compensation engaged in "vexatious conduct" that should not allow him to drop his suit claiming unpaid bonuses without sanctions, the social media platform told a California federal judge.
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March 17, 2025
20 Law Firms Face EEOC Demands For DEI Employment Info
The U.S. Equal Employment Opportunity Commission has written to 20 law firms seeking information about their diversity, equity and inclusion-related employment practices, the agency announced Monday.
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March 17, 2025
NJ Justices Take On Nonclients' Malpractice Case Against Atty
The New Jersey Supreme Court has agreed to hear a challenge to an appellate court decision tossing part and keeping part of a malpractice suit brought against an estate attorney by plaintiffs who were never his clients.
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March 17, 2025
Arnold & Itkin Says Houston Firm 'Renting' Its Name For Clout
Texas-headquartered trial firm Arnold & Itkin LLP has sued a small personal injury firm in Houston, accusing it of unlawfully capitalizing on the firm's well-earned reputation and success by misdirecting web searches to its website through the purchase of certain search keywords.
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March 17, 2025
Georgia Justices Urged To Revive Trump Election Charges
Prosecutors argued that the Georgia Supreme Court should reinstate certain criminal charges against President Donald Trump, former New York Mayor Rudy Giuliani and others alleging interference in the 2020 presidential election, saying lower courts wrongly dismissed the charges because of the indictment's purported lack of detail.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.