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Legal Ethics
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April 22, 2025
Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage
An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.
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April 22, 2025
Dems Not Satisfied With BigLaw Answers On Trump Deals
Top Democrats investigating the Trump administration's deals with major law firms are not satisfied with the initial responses they've received even though the firms say nothing about their work or philosophy has changed.
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April 21, 2025
Mexican Banks Escalate Discovery Fight With Sanctions Bid
A Mexican bank and its affiliates have asked a Texas federal judge to sanction a businessman and his attorneys in a fraud case, saying they have deliberately obstructed court-ordered discovery in litigation accusing him of diverting and concealing corporate assets.
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April 21, 2025
Courts Equipped For Frivolous 'Quiet Hour' Suits, FCC Told
Courts can handle a flood of lawsuits claiming that plaintiffs received unwanted late-night phone calls without the Federal Communications Commission stepping in to decide if they're frivolous, consumer groups told the agency.
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April 21, 2025
Amazon Says Sanctions Unwarranted In Drivers' Wage Suit
Potential members of a collective action accusing Amazon of misclassifying drivers were not coerced into talking to attorneys representing the company, Amazon told a Washington federal court, urging the court to reject the drivers' bid to slap sanctions on the company.
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April 21, 2025
NJ Atty Depo Sought For Duane Morris Malpractice Suit In Pa.
An Indian business owner has asked a New Jersey court to force a Morristown-based McElroy Deutsch Mulvaney & Carpenter LLP partner to sit for a deposition in his malpractice suit against Duane Morris LLP in Pennsylvania state court.
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April 21, 2025
Pa. Judge Facing Fraud Charges Gets Filing Delay
A Pennsylvania county judge indicted on charges that he misused unemployment relief funds to pay his law firm's employees during the pandemic succeeded Monday in having filing deadlines in his prosecution pushed back for more time to review discovery.
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April 21, 2025
Former Ohio Atty Gets Prison Over Unpaid Payroll Taxes
A former Ohio attorney who admitted that he failed to pay $750,000 in payroll taxes while managing his wife's dental practice has been sentenced to six months in prison after telling a federal judge that he did not intend to steal from the government, according to an order signed Monday.
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April 21, 2025
Dropped Suit Doesn't Support 'Vexatious' Claims, Court Told
The Connecticut employment law firm Hayber McKenna & Dinsmore LLC "cannot ever, under any circumstances" prove that a series of unfair trade practices cases brought by five restaurant chains ended in its favor, so it cannot pursue vexatious litigation claims against two attorneys who filed them, defense counsel said Monday during oral argument in Hartford.
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April 21, 2025
GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit
GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.
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April 21, 2025
11th Circ. Suspends Atty For A Year Over Bogus Fee Requests
The Eleventh Circuit has handed down a one-year suspension to a Maryland attorney for submitting bogus fees applications.
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April 21, 2025
Breakaway Firm Tells Ga. High Court To Nix Drew Eckl Dispute
Burke Moore Law Group LLP asked the Georgia Supreme Court on Monday to reject Drew Eckl & Farnham LLP's bid to review an appellate ruling that allowed Burke Moore to avoid arbitration over fees between Drew Eckl and its partners who previously practiced at the firm.
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April 21, 2025
Advocacy Group Sues DOJ For Docs On Acting DC US Atty
Advocacy group Democracy Forward sued the U.S. Department of Justice on Monday seeking information about Ed Martin, the acting top federal prosecutor in D.C., whose nomination to fill the role permanently is facing pushback in Congress.
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April 21, 2025
Litigation Funder Accused Of Not Protecting User Data
Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.
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April 21, 2025
Democrats Seek More Funds To Protect Judges From Threats
Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."
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April 21, 2025
Former Knicks Player Takes A Shot At Sanctions Against MSG
Former New York Knicks player Charles Oakley has moved for spoliation sanctions against Madison Square Garden and its counsel for allegedly failing to preserve emails, text messages and other material related to his federal assault suit, accusing the venue's operators of having "conveniently lost a lot of information about this case."
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April 21, 2025
Va. City Says It Wasn't Employer Of Atty Bringing FMLA Suit
An attorney cannot sustain his lawsuit accusing the city of Martinsville, Virginia, of unlawfully firing him after he requested leave to care for his mother, the city told a federal court, saying it had no power to terminate him because it was not his employer.
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April 21, 2025
Justices Won't Review Philly Atty's 5-Year Suspension
A Philadelphia attorney's appeal of a five-year suspension deeming him a "danger to the public" will not move forward after the U.S. Supreme Court declined to review the case, according to orders released Monday.
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April 18, 2025
No Privilege For Litigation Funder In Netflix Case, Judge Says
A Virginia federal judge said Friday "it is clear" a Finnish executive cannot claim any kind of attorney-client privilege over his relationship with a litigation funder, after his former lawyer was accused of sharing confidential financial information about Netflix Inc. related to a failed patent case against the streaming service.
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April 18, 2025
No Sanctions For Landscaping Co. In OT Suits, Judge Says
It's too soon to determine whether a landscaping company should be sanctioned for its attorneys' failure to produce accurate lists of its current and former employees in a class action alleging unpaid overtime, a Kansas federal judge said, saying both sides' attorneys need to meet.
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April 18, 2025
Ex-DOJ Atty Convicted In 1MDB Case Ordered Disbarred In NY
A New York appellate court ordered Wednesday that a former U.S. Department of Justice attorney be disbarred due to his felony conviction as part of a sprawling, billion-dollar fraud scandal connected to 1Malaysia Development Berhad and Fugees founder Pras Michél.
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April 18, 2025
WilmerHale, Feds Dispute Reach Of Trump Order Against Firm
WilmerHale and the U.S. Department of Justice traded salvos in the BigLaw firm's challenge to President Donald Trump's executive order targeting it, with the firm and the government offering "starkly different" versions of what's at stake in the dispute.
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April 18, 2025
Judge Nixes Feds' DQ Bid In Migrant Kids Legal Funding Case
A California federal judge has denied the Trump administration's bid to remove her from a lawsuit challenging funding cuts that prevent attorneys from representing child migrants, ruling her employment at one of the plaintiffs nearly seven years ago doesn't undermine her impartiality.
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April 18, 2025
Texas Firm Says Couple Can't Double Dip On Damages
The Morley Law Firm, now doing business as Zenith Law PC, told a Texas state court in Houston that a couple's $250,000 suit alleging the firm allowed an attorney without a law license to represent them in a case against the seller of their home is barred because they previously obtained a declaratory judgment against the seller.
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April 18, 2025
Atty DQ'd In NJ Cosmetics Biz Dispute Over Privileged Docs
A New Jersey federal judge disqualified a Garden State attorney from representing a former executive of a South Korean cosmetics company in a contentious employment dispute with the business because the lawyer obtained privileged documents belonging to the company.
Expert Analysis
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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.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.