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Legal Ethics
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February 25, 2025
Ex-NJ Judge Says Judiciary Still Retaliating In Pension Fight
A former New Jersey Superior Court judge has asked a state court to amend her suit challenging the denial of her disability pension application a second time, alleging that the state judiciary has further retaliated against her by requiring her to spend over $200,000 to qualify for a deferred early retirement pension.
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February 25, 2025
Federal Judiciary Repeats Request For More Judges
A federal circuit judge, speaking on behalf of the federal judiciary, repeated on Tuesday the need for more federal judges to alleviate the overwhelmed courts after President Joe Biden vetoed legislation late last year that would have added seats to the bench.
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February 25, 2025
NJ Atty Suspended Over Secret Outside Legal Work
A Garden State lawyer has been suspended for two years by the state's Supreme Court for surreptitiously accepting payments for legal services while never opening a file at his former firm for the clients or sharing profits with the firm, but instead had clients pay him directly.
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February 25, 2025
Referral Co. Barred From $5.54B Swipe Fee MDL Settlement
A New York federal judge has blocked a referral partner of a claims filing service from any role in the $5.54 billion settlement of long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees, after the referral partner allegedly improperly used class member information to submit claims.
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February 25, 2025
Masimo Aims To DQ Hueston Hennigan As Ex-CEO's Counsel
Masimo Corp. is urging the Delaware Chancery Court to disqualify Hueston Hennigan LLP from representing its founder and former CEO in a lawsuit over his quest for a $450 million payout from the medical technology company, arguing the firm has a conflict of interest.
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February 25, 2025
Family Of Wife Killed By Ex-BigLaw Atty Still Fighting For Funds
The cousins of the woman killed by her former BigLaw partner husband urged a Georgia state court to reject a bid to deprive them of the settlement proceeds from the underlying wrongful death suit, saying the court shouldn't rely on the ex-lawyer's assertions that she wanted the funds to go to her godson.
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February 25, 2025
Calif. Bar Touts Reduction In Racial Disparity In Atty Discipline
The State Bar of California has reported what it calls "significant" shifts toward equity in attorney discipline in the five years since a watershed study showed a decades-long trend of disparity, including that Black male attorneys were more than three times as likely to be placed on probation or disbarred compared to their white counterparts.
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February 25, 2025
Patent Exec Says Starbucks Is Liable For Atty's Statements
A patent-licensing company executive pushed back on Starbucks Corp.'s attempt to exit his defamation lawsuit over statements from counsel for Starbucks, arguing the Florida federal court has jurisdiction partly because the executive lives in the district.
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February 25, 2025
King & Spalding Beats Bias Suit Over Summer Program
King & Spalding LLP won't have to face a discrimination suit filed by a straight white woman who says she was dissuaded from applying to a summer associate program open only to "diverse" applicants, a Maryland federal court has ruled, saying she has not sufficiently demonstrated a real intent to apply to the position and therefore lacks standing.
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February 25, 2025
Lawyer Who Became Client's 'Punching Bag' Scores Case Exit
A Connecticut attorney who claimed he became his Massachusetts client's "punching bag" can exit her medical negligence lawsuit against two doctors accused of misplacing or destroying her embryos, a Milford judge ruled Tuesday.
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February 25, 2025
10th Circ. Asked To Rethink Denying Atty's Racing Deductions
A Denver personal injury lawyer asked the Tenth Circuit to reconsider its decision barring his $300,000 tax deduction for car-racing costs as professional advertising, saying the court deprived him of due process in dismissing his argument that the IRS wrongly denied him a chance to settle.
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February 25, 2025
High Court Orders New Trial In Okla. Death Row Case
The U.S. Supreme Court on Tuesday ordered a new trial for an Oklahoma inmate whose conviction and death sentence for a 1997 murder, the state confesses, was the product of prosecutors withholding evidence and knowingly presenting false testimony.
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February 24, 2025
Ex-Judge Hopes To Avoid Testimony In Atty Romance Probe
Former Texas bankruptcy judge David R. Jones said Monday that he's been talking with the U.S. Trustee with the aim of avoiding "live trial testimony" in the probe of his undisclosed romantic relationship with a former Jackson Walker LLP partner, arguing that he's already given a deposition.
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February 24, 2025
Injury Attys Sanctioned Over AI-Hallucinated Case Citations
A Wyoming federal judge overseeing a personal injury lawsuit against Walmart sanctioned the plaintiffs' attorneys from Morgan & Morgan PA and the Goody Law Group after they filed pretrial motions containing case law hallucinated by artificial intelligence, but acknowledged Monday their "remedial steps, transparency and apologetic sentiments."
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February 24, 2025
Okla. Attorneys Say Tribes Can't Intervene In Jurisdiction Row
Two Oklahoma district attorneys are fighting bids by the Cherokee, Chickasaw and Choctaw nations to intervene in the federal government's challenges to the DAs' attempts to prosecute tribal citizens for crimes committed in Indian Country, saying the tribes are adequately represented by the United States.
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February 24, 2025
Judge Who Ordered Pages Restored Put On Impeachment List
A Republican U.S. congressman announced Monday he has introduced articles of impeachment against a Washington, D.C., federal judge, following the judge's ruling ordering public health agencies temporarily to restore the web pages they took down in response to a Trump administration order to scrub pages of "gender ideology."
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February 24, 2025
Lloyd's Says Cadwalader's Suit Claims Nonexistent Tort
A Lloyd's of London syndicate has urged a North Carolina judge to toss part of Cadwalader Wickersham & Taft LLP's coverage lawsuit stemming from a data breach, saying there's no tort remedy for the allegation that the insurer exposed the firm's confidential information in a court filing.
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February 24, 2025
Trump Media Co. Wants TRO Against Brazilian Justice
President Donald Trump's media company and online video sharing platform Rumble Inc. have asked a Florida federal court for a temporary restraining order blocking a Brazilian Supreme Federal Court justice's gag orders, arguing they illegally suppress political speech in the United States.
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February 24, 2025
Conn. Solo Wants Willkie Partner's $27K Fee Bid Slashed
A Connecticut solo practitioner who lost a First Amendment lawsuit after leaking a Willkie Farr & Gallagher LLP's partner's landlord-tenant dispute to the New York Post on Monday criticized the partner's bid to recoup his legal fees, arguing $8,250 is more reasonable than his current $27,000 demand.
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February 24, 2025
DA Willis Says 'Makes No Sense' To DQ Her From Trump Case
Fulton County District Attorney Fani T. Willis is arguing to the Georgia Supreme Court that her disqualification from prosecuting the Georgia election interference case against President Donald Trump and others was unprecedented, asserting that her ousting over the appearance of impropriety creates a dangerous precedent.
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February 24, 2025
Atty Faces $190K Demand After Losing Malicious Litigation Trial
A trio of Blank Rome LLP attorneys and an aviation company told a Pennsylvania federal court on Friday they are owed combined costs of nearly $200,000 from an attorney who lost a malicious litigation jury trial against them in December.
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February 24, 2025
Law Firm Must Face Malpractice Suit Over Home Project Case
The New Jersey Appellate Division reinstated a malpractice suit against a Garden State firm on Monday in a published decision finding that the plaintiff was allowed to assign some of the proceeds of the case to third parties ahead of time.
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February 24, 2025
Texas Atty Dinged For AI-Generated Fake Citations In Briefs
A Texas lawyer could face a $15,000 personal sanction and other potential discipline for filing three separate briefs using generative artificial intelligence that included fake citations in an Indiana ERISA case, according to a report and recommendation by a federal judge in the Hoosier State.
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February 24, 2025
High Court Rejects Dish's Bid For Atty Fees For PTAB Work
The U.S. Supreme Court on Monday turned down Dish Network's appeal arguing that, after being cleared in a patent infringement case, it was entitled to attorney fees for its successful Patent Trial and Appeal Board challenge, and from the plaintiff's attorneys.
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February 21, 2025
DOJ Hits Judge Weighing Trans Troops Ban With Complaint
The U.S. Department of Justice on Friday filed a misconduct complaint against the D.C. federal judge overseeing litigation challenging President Donald Trump's executive order ostensibly banning transgender troops from serving in the military, accusing her of bias after she hammered government attorneys for answers they provided during a hearing earlier this month.
Expert Analysis
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.