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Legal Ethics
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October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
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October 16, 2025
Netflix Keeps Win In Documentary IP Suit From Atty's Film Co.
A New Jersey federal judge this week declined to reconsider his order throwing out an attorney's copyright infringement suit against Netflix Inc. over his documentary about sexual abuse in the Boy Scouts of America.
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 16, 2025
ABA Says Attys Must Be Clear About Neutrality In Mediations
Attorneys who agree to work as neutral, third-party mediators must make it explicitly clear that they are not advising or holding privilege with participants, the American Bar Association has warned in its latest ethics opinion.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Valve Seeks To Toss 'Overlapping' $21M Arbitration Fee Suit
Valve Corp. is asking a Seattle federal judge to throw out a proposed class action seeking nearly $21 million in arbitration fees from the software company, claiming the suit is part of a scheme by law firm Mason LLP in which attorneys are seeking identical relief through redundant court challenges.
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October 15, 2025
Goldstein Can't Dismiss 2016 Tax Charges As Time-Barred
A Maryland federal judge denied SCOTUSblog co-founder Tom Goldstein's motion to dismiss four of the 22 federal tax charges brought against him in January, ruling that his defense that the counts stemming from the 2016 tax year should be time-barred will have to be raised at trial.
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October 15, 2025
'Lapse In Judgment' Didn't Merit Atty DQ, Ga. Panel Rules
The Georgia Court of Appeals reversed a trial court's disqualification of an attorney from a property dispute over discussions the lawyer had that initiated property damage central to the case, ruling that while the talks showed a "lapse in judgment," they did not warrant his removal.
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October 15, 2025
Boy Scouts Claimants Look To Remove Slater, Citing Probe
Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.
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October 15, 2025
States Want To Keep Eye On $14B HPE-Juniper Deal Review
The Justice Department is in the middle of trying to settle its challenge to Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, but a dozen states are now trying to get involved and have asked a California federal judge to allow them to intervene in the litigation.
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October 15, 2025
Atty Fights Walgreens Sanction Bid In Georgia Bias Suit
A former pharmacist suing Walgreens for discrimination asked a Georgia federal judge to reject the chain's sanctions bid against her attorney, saying the chain did not give the lawyer enough time to respond to a series of communications that led to the motion for sanctions.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
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October 15, 2025
Seward & Kissel Faces Bid To Expand NJ Malpractice Suit
The wife of a co-founder of hedge fund Two Sigma Investments LP asked a New Jersey state court this week to expand her malpractice suit against Seward & Kissel LLP with counts of fraud and conspiracy to defraud, based on documents turned up in discovery.
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October 15, 2025
Ex-WH Ethics Attys Slam 'Vindictive' Comey, James Charges
Three former White House ethics attorneys have filed complaints with the U.S. Department of Justice over what they call the "vindictive and meritless" criminal prosecutions of former FBI Director James Comey and New York Attorney General Letitia James.
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October 15, 2025
Brown Paindiris & Scott Eyes Deal In Data Breach Suit
After the defense pointed to ongoing discussions that could lead to a "resolution," a Connecticut federal judge has agreed to stretch a deadline for Brown Paindiris & Scott LLP to respond to a proposed class action complaint that accuses the law firm of waiting more than a year to notify clients of a 2023 data breach.
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October 15, 2025
Ethics Probe Of 2 Mich. Judges Recommended For Dismissal
A retired Michigan judge overseeing an ethics probe of two state judges stemming from a dispute over a bike rental on Mackinac Island have recommended dismissing the complaints, determining that the judges did not commit misconduct and questioning why the matter led to a formal complaint.
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October 15, 2025
3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez
The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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October 14, 2025
High Court Won't Review DOJ Office's Atty-Client Intrusions
The U.S. Supreme Court declined Tuesday to scrutinize whether prosecutorial intrusions on attorney-client communications violate the constitutional right to counsel, ending a prominent challenge to practices that led to a U.S. Department of Justice office being held in contempt.
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
California Bans Fee Sharing With 'Alternative' Law Firms
California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.
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October 14, 2025
Mining Company Seeks Judge's Removal From Citgo Auction
A bidder in the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt has asked to disqualify a Delaware federal judge from the forced judicial auction, saying it submitted the top bid of $7.9 billion but unfairly lost out to a competitor's lower bid.
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October 14, 2025
Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias
A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.
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October 14, 2025
Judge Denies Gov't's 'Overbroad' Comey Discovery Proposal
A Virginia federal judge has shot down prosecutors' recommendations for a protective order covering discovery material such as law enforcement documents and private communications in its case against ex-FBI Director James Comey, calling the proposal "overbroad" as it would have kept Comey's attorneys from leaving discovery material with Comey himself.
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October 14, 2025
Voting Rights Case Could Further Chief's 'Central Project'
As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.
Expert Analysis
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.