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Legal Ethics
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May 06, 2025
Apple Seeks Sanctions Against Winston & Strawn In App Suit
Apple has asked a California federal judge to sanction Winston & Strawn LLP and its client Musi Inc., arguing Monday they made "false and misleading allegations" in a lawsuit over Apple's decision to boot the music streaming service from the App Store for intellectual property infringement.
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May 06, 2025
Reed Smith Must Turn Over Docs In $102M Fraud Fight
A New York federal judge on Tuesday determined that since enough evidence existed to show international shipping group Eletson Holdings may have committed fraud in an arbitration over a deal with another entity, Levona Holdings Ltd., the Reed Smith LLP attorneys who represented Eletson at the arbitration must hand over related documents.
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May 06, 2025
4th Circ. Affirms Win For Ariz. Law Firm In 'Sham' TCPA Suit
The Fourth Circuit on Tuesday upheld a lower court's decision to vacate a $2 million jury award against a Phoenix-based law firm, saying the dozens of Telephone Consumer Protection Act cases the firm brought against a student loan servicer shouldn't be considered "sham litigation" as the jury initially held.
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May 06, 2025
Russia Loses DQ Bid In Ukraine Case Over Arbitrator's Tweet
An international tribunal has voted by majority to reject Russia's bid to disqualify an arbitrator appointed to oversee Ukraine's claim against Moscow over the detention of Ukrainian naval vessels and servicemen, a challenge based in part on a social media post made by the arbitrator in Feb. 2022.
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May 06, 2025
Moye White Lease Default Left 'Shock', 'Uncertainty,' Co. Says
A Denver landlord fought back against counterclaims lodged by defunct law firm Moye White LLP in Colorado state court, arguing that the firm wasn't wrongfully evicted from its Denver office space and willingly left the property.
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May 06, 2025
Judge Warns He Wants 'Candor' In Free-Speech Removal Suit
A Massachusetts federal judge on Tuesday told counsel that he expects "absolute candor" as he presides over a suit challenging the Trump administration's practice of arresting and removing noncitizen students and faculty from the United States over pro-Palestinian speech.
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May 06, 2025
Sen. Judiciary Panel Clouds Prospects For DC US Atty Pick
It's looking more likely that Ed Martin, nominee for U.S. attorney for the District of Columbia now serving in an interim capacity, will not be confirmed before his short-term status is up.
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May 06, 2025
Jay-Z Claims Atty Buzbee's Conspiracy Extends To NY Lawyer
Shawn "Jay-Z" Carter expanded his malicious prosecution claims against attorney Tony Buzbee over a rape suit that has since been dropped to also target a New York personal injury lawyer over what the music mogul alleged was a conspiracy to coerce him into paying off their client.
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May 06, 2025
McCarter & English Pushes To End Ex-Atty's Firing Suit
McCarter & English LLP has urged a New Jersey state court to toss an anti-veteran discrimination suit from a former firm attorney and Navy SEAL this week, arguing the lawyer is unsuccessfully trying to pivot off failed claims from his original complaint in later filings.
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May 06, 2025
Firms Beat Malpractice Suit Over Chicken Plant Pollution
Delaware's Supreme Court on Tuesday affirmed a trial court's dismissal of a malpractice suit against Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA for their alleged mishandling of claims associated with a child's "catastrophic injuries" purportedly caused by contamination from a chicken plant.
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May 06, 2025
Convicted Atty Among Pair Disbarred By Ga. Supreme Court
The Georgia Supreme Court disbarred two attorneys on Tuesday, including a former operator of a Georgia-based real estate law firm for stealing at least $235,565 from a client — a move that comes after he was given a two-and-a-half-year jail sentence on federal fraud charges.
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May 06, 2025
Atty's Derisive Comments Warrant New Trial, NJ Panel Says
A New Jersey appellate panel on Monday said that an attorney's comments during her opening and closing arguments in a trial over a real estate transaction gone wrong went way too far, vacating a jury's $420,000 verdict in favor of her clients.
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May 06, 2025
Relatives Shut Out Of Funds From BigLaw Atty's Slain Wife
A Georgia state court judge said Tuesday that a prominent former Fisher Phillips attorney who fatally shot his wife could direct the proceeds of a wrongful death settlement to her godson and his family, beating back a "next of kin" claim to the funds from his wife's myriad cousins.
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May 06, 2025
Ex-Conrail CEO Says Saul Ewing Malpractice Suit Timely
Former Conrail CEO David LeVan has asked a Philadelphia judge to reject Saul Ewing LLP's argument that his legal malpractice lawsuit against the firm should be deemed untimely, arguing his case over the firm's handling of legal issues stemming from a failed Gettysburg casino project was subject to a tolling agreement.
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May 06, 2025
Alex Jones' Atty Seeks Discipline Pause In Sandy Hook Leak
Alex Jones' former lead Connecticut attorney has asked a state appeals court to pause the remaining seven days of a suspension he was handed for a role in transferring Sandy Hook families' confidential records to another Jones attorney in Texas, arguing the case should be stayed while he again appeals the punishment.
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May 06, 2025
Approach The Bench: Judge Robinson On Workplace Conduct
A long-awaited survey of judiciary employees revealed misconduct is rare within the federal judiciary, but U.S. District Judge Julie Robinson says there's still plenty of work to be done.
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May 06, 2025
Temu Says IP Atty Lied To Bag Settlements For Clients
Chinese e-commerce platform Temu accused a California intellectual property attorney of lying during critical negotiations to get the company to sign settlement deals for a street artist known for using the Mr. Monopoly character and a San Francisco apparel store.
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May 05, 2025
Ex-OneTaste Leaders Face Trial On Forced Labor Charges
After nearly three years of bruising pretrial litigation, jury selection began Monday for OneTaste founder and "orgasmic meditation" advocate Nicole Daedone and her former deputy over allegations that they extracted free labor from followers by fostering an abusive environment at the sexual wellness company.
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May 05, 2025
Calif. Bar Sues Administrator Over February Exam 'Chaos'
The State Bar of California on Monday sued the vendor it used to administer the February bar exam after "chaos ensued" as a result of pervasive technical glitches, saying the vendor misrepresented its ability to proctor the exam, and it won't hand over data that could shed light on what went wrong.
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May 05, 2025
Calif. Atty Gets 21 Months In Prison For $8.8M Investor Scam
An Orange County lawyer who purported to provide short-term high-interest loans to the rich and famous but used the funds to gamble away about $8.8 million at Las Vegas casinos and live a lavish lifestyle was sentenced to 21 months in prison on Monday in California federal court.
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May 05, 2025
Susman Godfrey Urges Court To Follow Perkins Coie EO Win
The president doesn't have the power to "exact revenge against a law firm" for representing certain clients and causes, Susman Godfrey LLP told a D.C. federal judge Monday, asking her to "follow the same course" as the judge who granted Perkins Coie LLP permanent relief from a presidential order.
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May 05, 2025
Traxcell Fights $500K Atty Fee Owed To Verizon At Fed. Circ.
A bankrupt patent-holding company that owes more than $500,000 in attorney fees to Verizon Wireless has told the Federal Circuit that Verizon waited too long after beating its telecommunications patent case to request the fees.
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May 05, 2025
PTAB Judge Wins $125K For Whistleblowing Retaliation
The U.S. Patent and Trademark Office must pay a Patent Trial and Appeal Board judge more than $125,000 to compensate for retaliation he experienced due to speaking out about misconduct, the Merit Systems Protection Board has ruled.
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May 05, 2025
Kirkland And Other Law Firms Explain Deals With Trump
The most recent law firms to cut deals with the Trump administration told lawmakers in letters, obtained by Law360 on Monday, that the deals affirmed their commitment to merit-based hiring and to pro bono work as they continue to choose their own clients.
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May 05, 2025
Defamation Litigation Roundup: Palin, Fox, Crime Podcasters
In this month's review of ongoing defamation fights, Law360 looks back on developments in two voting technology companies' cases against news organizations that claimed they helped rig the 2020 election.
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.