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Legal Ethics
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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.
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May 05, 2025
7th Circ. Judge Slams University's Args In En Banc Denial
The Seventh Circuit on Friday denied en banc review of a panel's decision to revive a Chicago law professor's retaliation suit after he was disciplined for including a redacted racist slur on an exam, with one judge suggesting the university's failure to invoke arguments over its right to academic freedom meant the appeal didn't justify consideration by the full court.
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May 05, 2025
Critical Deadline For Interim DC US Attorney Ed Martin Nears
The clock might be ticking on Ed Martin's tenure as interim U.S. attorney for the District of Columbia.
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May 05, 2025
Pa. District Paid Female Teachers Thousands Less, Jury Told
Central Bucks School District in Pennsylvania unfairly paid female teachers less than their male counterparts, in some cases by tens of thousands of dollars despite holding the same jobs, a federal jury was told Monday.
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May 05, 2025
7th Circ. Affirms Funder's Loss In Fraud Suit Against Law Firm
The Seventh Circuit on Friday upheld an Illinois federal court's rulings ending a litigation funder's claims that a law firm illegally dropped the funder to represent a former employee and her competing venture, saying the lower court's detailed orders show it carefully resolved the issue.
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May 05, 2025
Ex-Seton Hall President Asks To Add Conspiracy Claim To Suit
Seton Hall University's former president is seeking to add claims to his whistleblower suit against the school alleging that it conspired to "disparage" him in the press partly in retaliation for reporting sexual abuse-related allegations about the school's current president.
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May 05, 2025
Shutts & Bowen Takes Aim At Malpractice Suit Over Club Sale
Florida firm Shutts & Bowen LLP and one of its partners pushed back against a real estate corporation's malpractice lawsuit alleging they sank the sale of a country club with a motion requesting the court either transfer or dismiss the case.
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May 05, 2025
Calif. Justices Adjust Bar Exam Passing Score Amid Turmoil
In an en banc ruling, the California Supreme Court approved adjustments to the passing score for the state bar's embattled February bar exam in line with a formal request by the California Bar Association, resulting in the highest passing rates for the exam in close to five years.
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May 05, 2025
Morgan & Morgan Pushes To Arbitrate Malpractice Claims
Morgan & Morgan is urging a Georgia federal court to send a former client's malpractice class claims into arbitration and reject his bid to move the case to state court, arguing the matter belongs there, and the client agreed to arbitrate such disputes.
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May 05, 2025
Justice Dept. Seeks To Nix ABA Suit Over Terminated Grants
The U.S. Department of Justice has moved to throw out the American Bar Association's lawsuit over the termination of grants to the ABA's Commission on Domestic and Sexual Violence, arguing the courts lack power to force the government to honor a contractual obligation.
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May 05, 2025
Agri Stats Wants Judge Recused From DOJ Case
Agri Stats asked the Minnesota federal judge overseeing the government's case accusing the data firm of helping meat processors exchange sensitive information to recuse himself because one of his law clerks previously worked on the case for one of the state enforcers.
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May 05, 2025
Veterans Look To Bar Firm's Contacts With Potential Class
Veterans urged a North Carolina federal judge to bar a consulting firm from contacting potential class members about litigation accusing the firm of charging illegal fees, saying it has emailed tens of thousands of them asking to help with the firm's defense.
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May 05, 2025
Justices Skip Recusal Case Over Fitbit Judge's Google Ties
The U.S. Supreme Court on Monday declined to consider a patent owner's argument that a California federal judge should have recused herself from an infringement suit against Fitbit due to her alleged financial ties to the wearable tech company's parent, Google.
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May 02, 2025
Judge Axes Trump's Perkins Order With Shakespearean Flourish
A Washington, D.C., federal judge on Friday struck down as unconstitutional President Donald Trump's retaliatory executive order targeting Perkins Coie LLP, permanently blocking enforcement of the directive and likening the president's action to a Shakespeare character's suggestion that the way to amass power is to "kill all the lawyers."
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May 02, 2025
Omnitracs Alleges Religious Bias In IP Trial Tainted Outcome
A fleet management company relied on making "improper religious and racial insinuations" to a jury, along with other concerning behavior, in order to beat a rival's infringement claims, the patent owner told a California federal judge.
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May 02, 2025
Plaintiffs Seek Redo Over Sterilization Co.'s Trial Tactics
Four women who claimed a Colorado sterilization company caused their cancers asked a state court to order a new trial, arguing the business won a favorable verdict with prejudicial evidence about law firm ads and by suggesting the women are not "real victims but pawns in a scheme orchestrated by their lawyers."
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May 02, 2025
NY Officials Say Feds' Memo In Filing Mishap Is Fair Game
New York officials told a federal judge on Friday that a mistakenly filed memo from the federal government detailing its weak rationale for trying to cancel Manhattan's congestion pricing program is fair game and cannot be shielded after media outlets widely reported on it.
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May 02, 2025
Cannabis Drink Co. Accuses Stoel Rives Attorneys Of Fraud
A startup that develops nonalcoholic cannabis beers has claimed in a California state court action that attorneys from Stoel Rives LLP and others conspired on a scheme to defraud the company out of millions by allegedly trying to sell an unlicensed marijuana business.
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May 02, 2025
A Look At Trump's Pick For The 6th Circuit
President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.
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May 02, 2025
FIFA Seeks Fees After Citation Mistakes In Antitrust Case
FIFA is demanding attorney fees from plaintiffs for misusing artificial intelligence in an antitrust suit against the soccer federation in Puerto Rico, with a formatting error revealing that it is seeking more than $50,000 for work performed by Paul Weiss Rifkind Wharton & Garrison LLP and a local firm, according to court documents.
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May 02, 2025
JC Penney Says Emails Show Jackson Walker Hid Romance
The wind down estate of J.C. Penney beefed up its allegations that Jackson Walker covered up a relationship between a former bankruptcy partner and Texas bankruptcy judge in an updated lawsuit to recover over $1 million in legal fees from its 2020 Chapter 11, shedding light on the firms emails with a public relations firm and outside ethics counsel.
Expert Analysis
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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.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.