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Legal Ethics
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June 02, 2025
MSG Tries Again To Have Ex-Knick's Assault Suit Tossed
Madison Square Garden has returned fire against former New York Knicks icon Charles Oakley in their battle in New York federal court over his 2017 ejection from a game, demanding summary judgment in an assault suit he brought against it and asking for sanctions against Oakley six weeks after he requested sanctions against the organization.
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June 02, 2025
Union Loses Atty DQ Bid In NJ Wrongful Termination Dispute
A longshoremen's union has lost its bid to disqualify an attorney from representing a former member in a wrongful termination suit in New Jersey federal court that alleges the union gave him bad advice that prevented him from properly fighting claims that led to his termination.
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June 02, 2025
Immunity Shields Mich. AG From Flint Water Prosecution Suit
A Michigan federal judge has dismissed a wrongful prosecution lawsuit brought by a former aide to ex-Gov. Rick Snyder against the Michigan attorney general and Wayne County prosecutors, ruling that immunity shields the prosecutors from liability over their handling of charges against officials in the aftermath of the Flint water crisis.
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June 02, 2025
Schumer Pledges To Fight GOP's Limits On Court Power
Senate Minority Leader Chuck Schumer, D-N.Y., has vowed to challenge a provision in House Republicans' budget reconciliation package that would curtail courts' ability to issue contempt citations.
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May 30, 2025
No Sanctions For Stamford In Zoning Fight Over Gyms
A Connecticut judge declined to sanction the Stamford Board of Representatives after a real estate company accused it of withholding and destroying documents relevant to their zoning fight, ruling that "the evidence of withheld discovery was equivocal at best."
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Texas Panel Keeps Intact Judge's LGBTQ+ Wedding Challenge
A Texas appeals court, in a Friday opinion, kept intact a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, but left the issue of merits for the trial court to hash out.
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May 30, 2025
Ace Says Ga. Insureds Wrongly Added Atty To Coverage Fight
Ace Property and Casualty Insurance Co. has launched a sanctions bid in Georgia federal court against two policyholders and their counsel in a coverage suit, alleging they abused the judicial process by adding outside counsel as a defendant just to defeat diversity jurisdiction and remand the case to state court.
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May 30, 2025
Banks, Class Action Admins Ran Kickback Scheme, Suit Says
A group of class action settlement administrators and banks conspired to rip off settlement class members by offering lower bank interest rates in exchange for kickbacks, according to three identical lawsuits filed in three states.
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May 30, 2025
Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme
A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.
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May 30, 2025
AI Video Pushes Boundaries Of Victim Impact Statements
At the beginning of May, an Arizona state court judge permitted an artificial intelligence-generated victim impact statement of a deceased victim at a sentencing hearing, leaving some attorneys concerned about how admitting these types of videos might affect sentencing in other cases.
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May 30, 2025
$28M Jury Verdict Shows The Power Of The Monell Doctrine
A federal jury awarded $28 million to John Walker Jr., a man wrongfully convicted of murder nearly 50 years ago, after finding that prosecutors in Erie County, New York, systematically ignored criminal defendants' constitutional rights. The verdict hinged on the Monell doctrine, a hard-to-prove legal theory that allows civil rights plaintiffs to hold governments liable for constitutional violations stemming from official policy, custom, or widespread failure to supervise public officials.
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May 30, 2025
DC Circ. Keeps Block On Texas AG's Media Matters Probe
A D.C. Circuit panel on Friday upheld an order barring the Texas attorney general from demanding internal records from Media Matters about the left-leaning media watchdog's reporting on the social media platform X.
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May 30, 2025
Workplace Bullying Can't Be A Rite Of Passage For Attys
As more than half of young lawyers cite workplace toxicity as the reason they left their jobs, a panel of attorneys said that many of the professionals they've listened to aren't willing to dismiss bullying as a rite of passage.
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May 30, 2025
Texas Review Panel Trims Ethics Claims Against Judge
A review panel this week nixed all but one charge of misconduct by a Texas trial court judge and said the judge should receive a private reprimand rather than the public admonition ordered by the Texas Commission on Judicial Conduct in December.
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May 30, 2025
AI Not Slowing Down Despite Ethical Risks, Experts Say
Following its rapid evolution in the past half-year alone, McDermott Will & Emery LLP Chief Information Officer Michael Shea predicted during a panel conversation Friday that artificial intelligence tools would see "pretty significant changes" over the next 12 months despite the challenges of putting guardrails around them.
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May 30, 2025
Insurer Seeks Win In Margolis Edelstein Malpractice Dispute
Margolis Edelstein should not be allowed to escape GMG Insurance Agency's legal malpractice suit, the agency told a Delaware Superior Court, saying the law firm admitted that it was not competent to handle an underlying noncompete dispute that resulted in a $1.2 million settlement.
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May 30, 2025
Ex-NJ Councilman Cops To Taking Bribe From Town Atty
A former member of a New Jersey borough council pled guilty to pocketing a $7,000 bribe to help grease the wheels for an attorney's reappointment as municipal counsel, Attorney General Matthew J. Platkin and the Office of Public Integrity and Accountability announced Friday.
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May 30, 2025
Diaz Reus Sued For Fraud, Conflict In Failed Miami Water Park
A Florida consultant has sued law firm Diaz Reus & Targ LLP over allegations it created an adverse conflict of interest in ownership over a failed Miami water park when the firm's managing partner and his brother, another firm member, attempted to "strong-arm" him into reducing his interest in the venture.
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May 30, 2025
Texas Law Firm Beats Atty's Suit Over Stock Redemption
A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."
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May 29, 2025
Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute
An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.
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May 29, 2025
Restaurant Liable After Fraudster Steals $475K Settlement
A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.
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May 29, 2025
Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm
A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.
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May 29, 2025
Ex-Atty's Death In Colo. Jail Sparks Suit Over Medical Neglect
The family of a disbarred attorney imprisoned for felony theft sued three members of the medical staff at the prison where he died, alleging in Colorado federal court Wednesday their neglect resulted in Steven Bachar dying from cardiac arrest after he asked for days for proper medical attention.
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May 29, 2025
NJ Senate Panel Backs Prosecutor, 4 Judge Nominees
Two New Jersey solo legal practitioners, a Ronan Tuzzio & Giannone litigator and a personal injury lawyer moved one step closer to state judgeships Thursday during a hearing in which lawmakers also greenlighted a federal enforcer's nomination for a county prosecutor role.
Expert Analysis
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Opinion
NY Should Pass Litigation Funding Bill To Protect Plaintiffs
New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.