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Legal Ethics
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September 08, 2025
Ex-Judge Says Wash. DA, Court Sabotaged Election Bid
A Washington state attorney and former pro tem judge in Seattle has filed a lawsuit alleging she was racially discriminated against when a county prosecutor's office had her disqualified from hearing cases due to rulings she made from the bench.
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September 05, 2025
OnlyFans Users May Face Sanctions Over AI 'Misuse'
OnlyFans users who have alleged the site employs professional "chatters" to impersonate content creators are facing possible sanctions in their case, as a California federal judge ordered their attorneys to appear in court for filing briefs with nonexistent citations and quotations generated by an AI chatbot.
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September 05, 2025
Munchkin Says 'Unhinged' GC Was Fired For Good Reason
Munchkin Inc. says it had multiple legitimate reasons to terminate the baby company's general counsel for cause after he launched a "retaliatory and vindictive campaign" against another executive, calling him "unhinged" and slamming his suit against the company as "harassing," according to a filing in California state court.
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September 05, 2025
DOJ Pushes To DQ Attorney Over Conflict In Fraud Case
Federal prosecutors in Georgia are seeking to disqualify an attorney from representing a defendant accused of making false statements in relation to a criminal fraud investigation of Hi-Tech Pharmaceuticals Inc., arguing the lawyer was previously disqualified from representing the company's CEO for a conflict and that "the same is true now."
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September 05, 2025
Judge Awards Over $6M In Atty Fees In Bluetooth Co.'s IP Suit
A Colorado federal judge has awarded the attorneys representing a Bluetooth technology company more than $6 million after the company won on the bulk of its claims at trial last year in its trade secrets and breach of confidentiality case against a Massachusetts display technology company.
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September 05, 2025
Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions
The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.
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September 05, 2025
Judicial Nominee Expands On Testimony About Ky. Pardons
A judicial nominee for the Eastern District of Kentucky continues to distance himself from the controversial pardons issued by former Kentucky Gov. Matt Bevin, for whom he was counsel.
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September 05, 2025
Fla. Bar Moves To Suspend Atty Accused Of Widespread Scam
The Florida Bar filed a petition Friday seeking the emergency suspension of a lawyer accused of scamming dozens of clients, failing to pay associates and paralegals who worked at his firm and repeatedly violating court orders.
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September 05, 2025
Solicitor Can Argue As Amicus In Right-To-Counsel Case
The U.S. Supreme Court on Friday granted the U.S. solicitor general time to argue as an amicus in the Sixth Amendment case of a criminal defendant who was denied the opportunity to consult fully with his lawyer during an overnight break in his testimony.
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September 05, 2025
Motley Rice Fights OptumRx DQ Bid In Utah Opioid Suit
Pharmacy benefit manager OptumRx cannot disqualify Motley Rice LLC from representing Utah in a lawsuit over the opioid crisis, since any information the firm obtained during its involvement in earlier government investigations is available to all other parties in the multidistrict litigation and so isn't confidential, the state has told a federal court.
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September 05, 2025
Judges Warn ICE Is Turning Courts Into Deportation Traps
As Immigration and Customs Enforcement officers violently arrest unauthorized immigrants in court buildings' hallways, former and current judges warn that the Trump administration is using courts as a dragnet, arresting people indiscriminately and expelling them with little to no due process in a bid to fulfill President Donald Trump’s goal of mass deportations.
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September 05, 2025
Atty Can't Duck ID Theft Conviction Over High Court Ruling
A 2023 U.S. Supreme Court ruling narrowing the definition of aggravated identity theft may not be used to vacate a former attorney's prison sentence for a mortgage fraud scheme, a Massachusetts federal judge ruled Thursday, denying a request to throw out his plea deal and order a new trial.
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September 05, 2025
Ex-Mass. Trial Court Chief Justice Tapped As DA Integrity Chief
A longtime Massachusetts superior court judge and retired chief justice of the state's trial court has been named chief of the Suffolk County, Massachusetts, Integrity Review Bureau, tasked with investigating and reviewing potential wrongful convictions by the Boston-area district attorney's office.
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September 05, 2025
Ex-Bankruptcy Clients Defend Deal Over Jackson Walker Affair
Former Jackson Walker LLP bankruptcy clients said Friday that a proposed settlement meant to resolve a dispute regarding the concealed romance between a judge and attorney should go through as planned because the U.S. Trustee lacks jurisdiction to challenge the deals.
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September 05, 2025
3rd Circ. Says Atty Needs Client OK To Admit Crime Elements
The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.
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September 05, 2025
Pa. Atty Suspended 2 Years Over Relationships With Clients
A Greene County, Pennsylvania, criminal defense attorney had her license suspended for two years Thursday after the state's Disciplinary Board found that she'd had inappropriate romantic relationships with two incarcerated clients, and had secretly allowed one of them to listen in on a phone conversation with another attorney.
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September 05, 2025
Tribal Groups Urge Justices To Address Religious Violations
Three Native American advocacy groups are backing a former Louisiana prisoner's U.S. Supreme Court petition for damages after guards forcibly shaved his head, arguing that the case presents issues vital to Indigenous cultural survival.
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September 05, 2025
How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66
In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.
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September 04, 2025
Geragos Strikes At $100K Verdict Over Nike Extortion Role
Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."
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September 04, 2025
Colo. Developer Says Wash. Atty Botched Bankruptcy Case
A Colorado company has hit a law firm and one of its former bankruptcy attorneys with a legal malpractice suit in Washington federal court, alleging that the defendants' "negligence" caused the business to lose properties worth more than $5 million in its Chapter 11 case.
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September 04, 2025
Couple Say Mexico Timeshare Feud Belongs In State Court
A Michigan couple who sued a Mexican resort company in a fight over a timeshare contract is arguing that their case belongs in Florida state court, saying an underlying arbitration agreement calling for disputes to go to Canada cannot be heard in federal court.
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September 04, 2025
Admonished For 'Entitlement,' Pillsbury Atty Ducks Sanction
A Nevada federal judge opted against sanctions for Pillsbury Winthrop Shaw Pittman LLP partner Mark Krotoski, and instead issued a formal admonishment on the "entitlement" behind "misleading arguments and representations" about the reason an expert witness was unavailable during a wage-fixing and wire fraud trial.
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September 04, 2025
Atty Can't Duck TCPA Suit Over Camp Lejeune Calls
A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.
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September 04, 2025
Employee Deposition Redo Ordered In Kimberly-Clark Bias Suit
The attorney for a former Kimberly-Clark employee pursuing discrimination claims against the paper goods company must foot the bill for his client's makeup deposition after he repeatedly violated court rules in the first interview, an Alabama federal judge has ruled.
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September 04, 2025
No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit
A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.
Expert Analysis
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Why States Should Adopt ABA's 'Duty To Inquire'
State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.