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Legal Ethics
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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.
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May 29, 2025
Calif. Justices Propose Tweaking Rules For Bar Examiners
The California Supreme Court has proposed changes to the administration of the state's troubled bar exam, circulating a slate of amendments designed to clarify the role of the Committee of Bar Examiners, including spelling out its duty to review and approve all questions used in the exam.
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May 29, 2025
DOJ Sidelines ABA From Vetting Trump's Judicial Picks
The Justice Department plans to direct judicial nominees away from a long-standing vetting process by the American Bar Association, labeling it an "activist organization," according to a Thursday letter by Attorney General Pamela Bondi.
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May 29, 2025
Investors Allege Manhattan Firm Aided $43M Ponzi Scheme
A pair of investors filed suit against New York-based Moritt Hock & Hamroff LLP and two of its former attorneys on Thursday, alleging that the midsize firm and the attorneys, who have since departed for Saul Ewing LLP, lied on behalf of a client who has since been charged with running a $43 million Ponzi scheme.
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May 29, 2025
Influencer Hits Akin With Malpractice Suit Over Boxing Deal
Akin Gump Strauss Hauer & Feld LLP and one of its Texas-based partners allegedly failed to understand California law in handling a financial dispute between a social media influencer and the company that hired him to participate in an amateur boxing competition, according to a complaint filed Wednesday in a Lone Star State federal court.
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May 29, 2025
Ga. Justices Nix Reprimand For Solicitor General Over Theft
The Georgia Supreme Court has rejected former Hall County Solicitor General Stephanie Woodard's bid to receive a public reprimand after she pled guilty to stealing taxpayer dollars, finding that the suggested discipline is not enough.
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May 29, 2025
Insurer Wants Firm's $2.6M Malpractice Coverage Suit Tossed
Berkshire unit National Liability & Fire Insurance Co. called on a Georgia federal judge this week to throw out a law firm's claims that it was hung out to dry by its insurers in a malpractice case, arguing the suit is an impermissible attempt to convert a contract dispute into a negligence claim.
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May 29, 2025
Mich. Judge Faces Watchdog Complaint For Disparaging Boss
A Michigan state judge made profane, disparaging comments about his chief judge during livestreamed proceedings and via emails to court employees and improperly used his position to help a judicial candidate, the Michigan Judicial Tenure Commission said in a new complaint Wednesday.
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May 29, 2025
Car Dealership Settles Bias Case On Heels Of Recusal Bid
A Philadelphia auto dealership has resolved a former manager's suit in Pennsylvania federal court claiming her boss made inappropriate sexual remarks and propositioned her nearly every day, days after the company said a magistrate judge was inappropriately pushing it to settle.
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May 29, 2025
Fla. Panel Affirms Atty Conflict DQ In Construction Dispute
In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.
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May 28, 2025
Nonprofits Can't Halt Attorney Executive's Discipline Case
Two judicial reform-focused organizations whose main executive is facing attorney disciplinary proceedings over statements he allegedly made about two state court judges cannot abruptly halt that action as their lawsuit attacking the underlying action continues, an Illinois federal judge said Wednesday.
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May 28, 2025
FBI Misled Court In Russia Sanctions Probe, Judge Rules
Federal prosecutors cannot use certain evidence to prove charges that a Russian bank executive dodged sanctions because an FBI agent "recklessly omitted material facts" from the related warrant application, a New York federal judge ruled.
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May 28, 2025
Ga. Justices Uphold $1.75M Award, Despite Ex Parte Emails
The Georgia Supreme Court has upheld a $1.75 million arbitration award in a dispute between a medical provider and its contractor, finding the provider was not prejudiced by the contractor's ex parte communications with an arbitrator.
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May 28, 2025
Agency Says Klehr Harrison Testimony Allowed In NFL Case
A sports management company on Wednesday argued that a Pennsylvania federal court's previous sanction orders permit the testimony it is seeking from two Klehr Harrison Harvey Branzburg LLP attorneys who represented defendants in a lawsuit over an alleged attempt to poach former Detroit Lions wide receiver Kenny Golladay as a client.
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May 28, 2025
'Zero Effort': Judge Rips Feds' Retrieval Of Asylum-Seeker
A Maryland federal judge on Wednesday slammed the Trump administration for showing "zero effort" to facilitate the return of a 20-year-old Venezuelan asylum-seeker sent to a Salvadoran prison and for having "utterly disregarded" an order for updates on its efforts.
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May 28, 2025
Judge Shields NY Congestion Pricing From Feds' Threats
New York's congestion pricing program can keep running at least through the fall, after a federal judge on Wednesday signaled that the U.S. Department of Transportation likely overstepped its authority by purportedly terminating a federal agreement that gave congestion pricing the green light.
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May 28, 2025
Fed. Circ. Lets Stewart Revise Longhorn Sanctions Order
The Federal Circuit on Wednesday granted a bid by the acting head of the U.S. Patent and Trademark Office to allow her to revise the Patent Trial and Appeal Board's decision to cancel 183 of Longhorn Vaccines & Diagnostics' patent claims as a punishment for "egregious abuse of the PTAB process."
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May 28, 2025
Texas Lawyer Fined $6K For Fake AI Citations In ERISA Suit
An Indiana federal judge on Wednesday fined a Texas attorney $6,000 for filing three separate briefs using generative artificial intelligence that included fake citations in an ERISA case, imposing a personal sanction that was less than half the $15,000 fine a magistrate judge recommended.
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May 28, 2025
Amazon Seeks To End FTC's Prime Subscription Case
Amazon and the Federal Trade Commission have both asked a Washington state federal court to hand them wins ahead of trial in the agency's case accusing the e-commerce giant of trapping consumers into Prime subscriptions.
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May 28, 2025
Alex Jones Is 'Defending Journalists,' Texas Court Hears
A Texas appeals court seemed taken aback after counsel for conspiracist Alex Jones claimed a $45 million default judgment relating to Jones' defamatory Sandy Hook statements should be thrown out, suggesting during oral arguments Jones was "thumbing [his] nose" at the trial court.
Expert Analysis
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.