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Legal Ethics
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March 25, 2025
Jenner & Block Latest BigLaw Firm Targeted In Trump Order
President Donald Trump on Tuesday signed an executive order aimed at Jenner & Block LLP, suspending security clearances for its employees and taking other actions in response to the firm's pro bono work and a former partner's role as a top deputy to former special counsel Robert Mueller.
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March 25, 2025
Atty Says Netflix's Boy Scout Doc Copied Style, Not Just Facts
A New Jersey trial lawyer who accused Netflix Inc. of infringing his copyright in its documentary about sexual abuse in the Boy Scouts of America pushed back against the streaming giant's dismissal bid, arguing the film copied the storytelling framework used in his own documentary.
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March 25, 2025
Doctor Defends Exam Saying Judge Newman Is Fit To Serve
A neurosurgeon who examined Federal Circuit Judge Pauline Newman and declared her fit to serve on the bench pushed back Tuesday on criticism of his evaluation made by doctors retained by the appeals court's other judges, who have suspended the 97-year-old jurist.
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March 25, 2025
McCarter & English's $3.77M Fee Win Headed For Appeal
A former McCarter & English LLP client will appeal a $3.77 million Connecticut federal court judgment for failing to pay its legal bills following a Kentucky trade secrets case loss, federal court papers indicate.
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March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction
The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
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March 25, 2025
Lowenstein Sandler Can Pursue NJ Dispensary Fraud Claims
Lowenstein Sandler LLP on Tuesday secured a ruling enabling the firm to pursue claims that a cannabis dispensary committed a "fraud on the court," with a New Jersey state judge rejecting the business' attempt to preclude those claims in the firm's $800,000 suit over unpaid legal fees.
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March 25, 2025
Colo. Atty Gave $2M Mineral Rights To Other Client, Suit Says
The special district for a Colorado residential community has sued its former lawyer and firms White Bear Ankele Tanaka & Waldron PC and Spencer Fane LLP for malpractice, claiming the attorney failed to secure its mineral rights, instead executing a deal that favored one of Spencer Fane's other clients.
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March 25, 2025
Baker Botts Atty Says Patent Exec Can't Prove Defamation
A Baker Botts LLP lawyer is contending that a Florida federal court cannot side with a patent-licensing company executive on his defamation claim against the attorney over her comments in a news article about a patent suit against Starbucks, saying she didn't say anything false.
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March 25, 2025
Womble Bond Atty's Contempt Order Isn't Final, 4th Circ. Told
A federal judge's order holding a Womble Bond Dickinson partner in contempt of court over misrepresentations he allegedly made to a foreign tribunal isn't a final decision capable of being appealed, a software company told the Fourth Circuit in seeking to have the appeal tossed.
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March 25, 2025
Calif. Justices Revive Bounty Hunter's Claims Against SF Atty
The California Supreme Court has ruled that a fugitive recovery agent's claims of malicious prosecution against an attorney who represented clients who sued the agent after their Oakland residence was searched via drug trafficking warrants were not untimely, finding that a one-year statute of limitations did not apply because the agent is not the attorney's client.
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March 24, 2025
Law Firm Bookkeeper Charged With Embezzling $835K
The bookkeeper and office manager of a Hartford, Connecticut, law firm embezzled more than half a million dollars from the firm over 12 years and took more than a quarter-million in separate rental income earned by the law firm's owner, federal prosecutors announced on Monday.
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March 24, 2025
Justices Won't Hear Insurance Dispute Over Claim Timeliness
The U.S. Supreme Court on Monday rejected a California woman's bid to certify questions to Massachusetts' top court about when exactly an insurer must show it was prejudiced by an insured's late claim notice, letting stand a First Circuit decision that also refused to certify such questions.
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March 24, 2025
Google Wins Sanctions For Ramey Firm's 'Baseless' IP Suit
A New York federal magistrate judge granted Google's request Monday for sanctions against Ramey LLP for filing an allegedly "baseless" suit on behalf of EscapeX IP accusing YouTube of infringing its social media chat-function patent, finding that counsel failed to conduct a presuit investigation and needlessly drew out litigation.
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March 24, 2025
DC Circ. Appears Divided In Venezuelan Deportation Appeal
A D.C. Circuit panel seemed split on Monday as the appellate judges contended with the Trump administration's bid to dissolve a trial court order blocking the deportations of some Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.
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March 24, 2025
Visa Ducks Antitrust Suit Rife With 'Elementary Mistakes'
A California federal judge took a credit card transaction middleman to task Monday for "muddled" antitrust claims supported by "elementary mistakes" and tossing its proposed class action against Visa Inc.
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March 24, 2025
No New Trial For Alleged Embezzler Who Waffled On Testifying
The Second Circuit on Monday rejected a bid for a new trial from a former Long Island nonprofit executive who was convicted of embezzlement, rejecting her argument that she'd been denied a right to testify and saying the record showed that she'd chosen not to.
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March 24, 2025
Ill. County Must Face Public Defender's 1st Amendment Claim
An Illinois federal judge on Friday trimmed a public defender's constitutional claims against her county employer after she was disciplined for displaying a photograph in an office area of her holding a gun in front of an Israeli flag following the Oct. 7 Hamas terrorist attack in Israel, dismissing her First Amendment prior restraint claim but otherwise allowing her suit to proceed.
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March 24, 2025
Ill. Law Firm Accused Of Suing Wrong Co., Lying About Error
A doctor who sought to pursue an employment discrimination claim against former employer Humana Inc. claims in an Illinois state court lawsuit that the law firm he hired to handle his case filed claims against Cigna instead, forged his signature and didn't fix its attorneys' errors before the statute of limitations ran out.
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March 24, 2025
Colo. Justices Say ABA Standards Don't Trump State's Rules
The Colorado Supreme Court on Monday affirmed disciplinary sanctions against a lawyer who unloaded expletives at school staff in the presence of his minor client, finding in an opinion that the American Bar Association's standards for lawyer sanctions are "an important guiding authority" but don't override Colorado's own rules.
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March 24, 2025
Fla. Judge OKs $19.3M In Spinal Products Noncompete Suit
A Florida federal judge approved a $19.3 million judgment against the owner of a distributor and his affiliated companies, finding that he owes damages for breaching an exclusive sales agreement with a spinal products manufacturer in a case with a "tortured history" that lasted for more than six years.
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March 24, 2025
Lawyers Slam Trump Memo On 'Vexatious' Attys
BigLaw attorneys, immigration lawyers and legal advocacy organizations have been quick to blast President Donald Trump for what some of them call an "inexcusable and despicable" memo that is meant to intimidate attorneys out of challenging the administration.
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March 24, 2025
Ex-Girardi Lawyer Faces Ethics Charges For $53M Settlement
The State Bar of California has filed disciplinary charges against a former Girardi Keese attorney alleging he settled a family's claims for $53 million without permission and hid the firm's misappropriation of millions of dollars from the resulting settlement funds, among other ethical violations.
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March 24, 2025
Reed Smith Accused Of Interference In $102M Award Fight
The purported new owners of Eletson Holdings Inc., a reorganized international shipping group, have urged the Second Circuit to nix Reed Smith's appeal challenging the law firm's removal as counsel for the company's prebankruptcy shareholders in an enforcement action, saying the former owners declined the opportunity to intervene and that their counsel cannot intervene on their behalf.
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March 24, 2025
Sheppard Mullin, Others Accused Of Aiding Loan Fraud
An investor has hit Sheppard Mullin Richter & Hampton LLP, a former managing partner and multiple other individuals with a sprawling lawsuit in California state court, alleging they made a series of fraudulent transactions to dupe him out of his initial $650,000 loan, eventually costing him millions of dollars in lost profits and legal fees.
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March 24, 2025
NJ University Launches Malpractice Suit Over Forfeited Land
Rider University has sued a now-defunct New Jersey firm claiming it mishandled a land deal in the early 1990s, leading Rider to believe it owned a $42 million property only to later have its ownership rights challenged and defeated in court.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.