Legal Ethics

  • December 06, 2024

    Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights

    A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.

  • December 06, 2024

    Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight

    Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.

  • December 06, 2024

    Fox Rothschild Can't Escape Malpractice Suit Over Land Row

    A New Jersey judge on Friday denied Fox Rothschild LLP's bid to exit a malpractice suit in which two sisters alleged that a lawyer now at the firm bungled a 1984 property deed and 1993 trust belonging to their late stepfather, depriving them of a lucrative land parcel, reasoning that disputed facts keep the suit alive.

  • December 06, 2024

    Firm Can't Strike Settlement Talks From Ex-Receptionist's Suit

    Arizona-based personal injury firm Rafi Law Group PLLC's counterclaim against a former receptionist and its motion to strike a portion of her retaliation complaint have both been rejected by a federal judge who said the firm did not sufficiently support its motions.

  • December 06, 2024

    Fed. Circ. Backs $25K Sanction In Stun Device Design IP Suit

    The Federal Circuit said Friday that a lower court did nothing wrong in ordering stun device maker PS Products Inc. to pay $25,000 as a sanction for filing what the circuit court said was a "nuisance" patent infringement lawsuit against a rival manufacturer.

  • December 06, 2024

    Conn. Panel Pares $150M From $1.44B Alex Jones Verdict

    The Connecticut Appellate Court on Friday sliced $150 million from a $1.44 billion trial court judgment against Infowars host Alex Jones over his claims that the Sandy Hook shooting was a hoax, holding the state's consumer protection laws did not allow the massacre's survivors to recover for alleged harms connected to Jones' ancillary product sales.

  • December 05, 2024

    Judge Newman Brings Fight To End Her Suspension To DC Circ.

    U.S. Circuit Judge Pauline Newman asked the D.C. Circuit on Thursday to rule that a suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve as a Federal Circuit judge violates the U.S. Constitution. 

  • December 05, 2024

    Apple To Appeal Epic's Atty-Client Privilege Challenge Win

    Apple and Epic Games told a California federal judge Thursday that they've agreed on a protocol for a special master to re-review 57,000 documents that Apple claims are attorney-client privileged in their antitrust fight, while Apple added that it plans to appeal his finding that its privilege assertions over a sample were overbroad.

  • December 05, 2024

    DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says

    The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.

  • December 05, 2024

    Sanctioned VLSI Patent Challenger Must ID Members In Va.

    VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company it claims tried to "extort" it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.

  • December 05, 2024

    Basketball Fan's Race Bias Suit Tossed Over Delays

    A Colorado federal judge on Wednesday dismissed without prejudice a basketball fan's lawsuit claiming employees of the Denver Nuggets racially profiled him during a game, finding it was the appropriate course after the man's lawyer repeatedly failed to follow through on the case.

  • December 05, 2024

    Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions

    A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.

  • December 05, 2024

    Ex-Posner Staffer Asks Court To Allow Salary Suit To Proceed

    A former staffer suing retired U.S. Circuit Judge Richard Posner for $170,000 in back pay has rejected Judge Posner's claim that the suit is untimely, arguing the onetime Seventh Circuit jurist's conduct was so egregious that it's exempt from otherwise relevant statutes of limitations.

  • December 05, 2024

    Colo. Panel Sides With Cannabis Atty In Former Client's Suit

    The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.

  • December 05, 2024

    Lowenstein Sandler Suit Gets New NJ Judge After DQ Request

    Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.

  • December 05, 2024

    Gossip, Not Pregnancy, Got Secretary Fired, Court Told In Ga.

    A Georgia county and the chief judge of its juvenile court are asking a Georgia federal court for an early dismissal of a suit alleging they fired a secretary because she became pregnant, arguing she was instead fired for spreading a false rumor after being reprimanded.

  • December 05, 2024

    Combs Demands Court Inquiry Into Copied Jail Notes

    Sean "Diddy" Combs urged a Manhattan federal judge to hold a special hearing and consider dismissing his sex-trafficking indictment after staff at the Metropolitan Detention Center photographed his allegedly privileged, handwritten notes during a sweep of the prison and sent them to prosecutors, who he says used the information to argue against bail.

  • December 05, 2024

    Smith Gambrell And Data Breach Victims Agree To Suit's End

    International law firm Smith Gambrell & Russell LLP and two data breach victims have agreed to end a proposed class action against the firm in California federal court.

  • December 05, 2024

    Small Mass. Law Firm Settles Ex-Client's Data Breach Case

    A small Massachusetts law firm has settled a proposed class action accusing it of negligence leading to a 2022 data breach, a Boston federal magistrate judge said Thursday.

  • December 04, 2024

    Keesal Young Sued Over Data Breach Affecting 316K People

    Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.

  • December 05, 2024

    CORRECTED: No Error In RICO Dismissal, Softek Tells Court

    A computer management company sued by the Modoc Nation in a $14.6 million breach of contract suit has urged an Oklahoma federal judge to deny the tribe's request that he reconsider his opinion tossing racketeering claims against the company. Correction: A previous version of this article's headline mischaracterized the judge's opinion on the RICO claim. The error has been corrected.

  • December 04, 2024

    Live Nation Shields Legal Strategy Emails From DOJ Scrutiny

    A Manhattan federal judge rejected the U.S. Department of Justice's bid to see emails between Live Nation Entertainment Inc. lawyers and counsel for arena operator Oak View Group, holding Wednesday that these communications discussed a joint legal strategy for the government's antitrust investigation.

  • December 04, 2024

    $486M Djibouti Award Fight Settled In DC

    A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.

  • December 04, 2024

    Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties

    U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.

  • December 04, 2024

    Rep. Raskin's Judiciary Hopes Rise After Nadler Drops Out

    Rep. Jamie Raskin of Maryland is one step closer to becoming the top Democrat on the House Judiciary Committee, after New York Rep. Jerry Nadler dropped his bid for the job on Wednesday.

Expert Analysis

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    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.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    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.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    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.

  • Considerations For Lawyer Witnesses After FTX Trial

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    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.

  • Employee Experience Strategy Can Boost Law Firm Success

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    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.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    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.

  • Opinion

    History Reveals Folly Of Absolute Presidential Immunity

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    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.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    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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