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Legal Ethics
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May 27, 2025
DOJ Pushes Back Against Agri Stats Recusal Bid
The U.S. Department of Justice told a Minnesota federal judge Friday there is no reason to recuse himself from a case accusing Agri Stats of helping meat processors exchange sensitive information because the clerk who allegedly created a conflict is not working on the case.
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May 27, 2025
Ga. Firms Accused Of Misleading Client After Crash Suit Error
A Georgia couple said two personal injury law firms wrongly left out the accused driver's employer — which had $2.5 million in insurance coverage — as a defendant and fraudulently convinced them to delay a legal malpractice claim.
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May 27, 2025
Ex-Firm Leader Pushes To Remand Whistleblower Suit In Fla.
The former Jacksonville, Florida, office managing partner of Matthiesen Wickert & Lehrer SC is asking a Florida federal court to send back to state court her whistleblower lawsuit alleging she was forced to leave her position because she attempted to stop a paralegal from engaging in the unauthorized practice of law.
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May 27, 2025
Fla. Justices Urged To Stop Agency's Prosecution 'Overreach'
A man accused of election fraud has filed his opening brief with the Florida Supreme Court over claims that the Florida Office of Statewide Prosecution doesn't have the authority to pursue the charges against him, calling the organization a "creature of limited jurisdiction."
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May 27, 2025
ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed
An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.
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May 27, 2025
Auto Co. Seeks Judge's Recusal For Pushing Bias Settlement
A Pennsylvania magistrate judge has been improperly pushing an automotive dealership to settle a former manager's suit claiming she faced daily sexual advances and inappropriate comments from her boss, the company said, arguing the judge needs to step aside before an upcoming trial.
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May 27, 2025
Calif. Bar Seeks More Remedies After Problematic Feb. Exam
The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.
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May 27, 2025
'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict
A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.
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May 27, 2025
Feds Can't Turn Off NY Funding In Congestion Pricing Fight
A Manhattan federal judge on Tuesday temporarily blocked as "arbitrary and capricious" a Trump administration threat to withhold federal transportation funds from New York as part of a White House effort to undo New York City's congestion pricing program.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
USPTO Asks Fed. Circ. To Deny Both VLSI, OpenSky In IP Row
The acting director of the U.S. Patent and Trademark Office on Friday stepped into a patent review dispute between VLSI Technology and OpenSky Industries at the Federal Circuit following a $2.18 billion jury verdict against Intel Corp., urging the appellate court to reject both sides' arguments.
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May 23, 2025
4 Top Paul Weiss Attys Exit In Wake Of Firm's Deal With Trump
Four top Paul Weiss Rifkind Wharton & Garrison LLP partners who have represented Google, Amazon and other major companies in high-profile litigation left the firm Friday, in the wake of its decision to make a deal with the Trump administration to defuse an executive order targeting the BigLaw firm's business.
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May 23, 2025
Cooley Beats Malpractice Claim In NJ Investor Suit, For Now
A New Jersey federal judge on Friday trimmed a securities fraud lawsuit alleging Cooley LLP and its attorneys deliberately hid from an investor fraud claims against a startup's CEO, dismissing legal malpractice allegations against Cooley and four attorneys, but keeping alive other claims and letting the plaintiff amend his suit.
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May 23, 2025
Detroit Judge Can't Yet Invoke Immunity Over Teen's Mock Trial
A Michigan federal judge said a Detroit judge's decision to put a teenager through a livestreamed "judicial-like" proceeding akin to "Scared Straight" for falling asleep in his courtroom while on a field trip may have fallen outside the bounds of judicial immunity, denying a bid to toss the teen's lawsuit against the judicial officer.
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May 23, 2025
NC Judge Censured For Drunken Driving With His Child In Car
The North Carolina Supreme Court on Friday censured a state judge after he was found guilty of drunken driving with his minor daughter in the vehicle, calling the discipline the "minimum acceptable consequence" for the judge's wrongdoing.
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May 23, 2025
Atty, Stepdaughter Face $600K Workers' Comp Fraud Charges
The Orange County District Attorney's Office has charged a California attorney and his stepdaughter with conspiring to defraud a police department she was employed at by filing fraudulent workers' compensation payments.
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May 23, 2025
Ill. Justices Ice Attys Who Stacked Jobs, Flubbed Cases
A lawyer who triple-dipped jobs against Illinois attorney general rules and another who collected excessive fees and mishandled two clients' criminal matters were included alongside several other attorneys named in the Illinois Supreme Court's latest disciplinary order.
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May 23, 2025
Ga. Judge Acted As 'Jury And Executioner,' Ethics Panel Told
A Georgia woman told a state judicial ethics tribunal Friday that she was "humiliated" by a Fulton County judge's decision to lock her in a cell during her parents' divorce hearing, recalling that she felt the judge had claimed for herself the additional titles of "jury and executioner," while the woman's father came to the judge's defense.
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May 23, 2025
Texas Atty Still Disbarred For Failing To Report Client's Death
A Texas appeals court has upheld the disbarment of an attorney who was found by a jury to have engaged in professional misconduct, in part, by failing to report the death of a client he had represented in an attempt to recover the value of bounced checks.
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May 23, 2025
Law Prof Rebuked For Trying To End Sister's Conservatorship
Colorado appellate judges have said a Northwestern University law professor lacked standing to request termination of a conservatorship over his sister, citing the professor stealing at least $1.5 million from his sister's inheritance and calling him "the antithesis" of a person interested in her welfare.
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May 23, 2025
Ga. Bar OKs Real Estate Deals Via Video
The State Bar of Georgia has adopted a formal ethics opinion allowing attorneys to close real estate deals via video conference, finding that the remote appearances satisfy lawyers' duty to be "present" at closings.
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May 23, 2025
Split DC Circ. Affirms Ax Of Ex-Trump Aide's Surveillance Suit
A split D.C. Circuit affirmed Friday the dismissal of claims by former Trump 2016 campaign adviser Carter Page that the U.S. Department of Justice, FBI and former top officials violated privacy statutes in surveilling him as part of a Russian election interference probe.
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May 23, 2025
Philly Firm Dodges DQ Despite 'Troubling' Discovery Conduct
Philadelphia-based construction law specialists Horn Williamson LLC can't be disqualified from a batch of negligence lawsuits against home builder Toll Brothers Inc. over "troubling" misconduct involving third-party subpoenas, a Pennsylvania Superior Court said Friday.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 23, 2025
Ex-Immigration Judge Fights To Keep Fla. Bias Suit Alive
A former immigration judge has urged a Florida federal court to reject U.S. Attorney General Pam Bondi's bid for an early win against her disability bias claims, arguing she was denied a hardship transfer and reasonable accommodation due to her gender and age.
Expert Analysis
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.