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Legal Ethics
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October 17, 2025
NY Court Orders Hearing On Counsel Conflict In Drug Case
A man who pled guilty to gun and drug charges and was sentenced to 12 years in prison can argue for a new trial due to ineffective counsel after a similarly culpable co-defendant got a light sentence allegedly due to cooperation between their attorneys, a New York state appeals court said in a reversal.
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October 16, 2025
Bannon Tells Justices Legal Advice Dooms Contempt Rap
A lawyer's advice to Steve Bannon not to respond to a congressional subpoena over the Jan. 6 insurrection means he couldn't have "willfully" flouted the subpoena and negates his conviction, the onetime Trump adviser has told the U.S. Supreme Court.
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October 16, 2025
Why Ethics Complaints Against Halligan Face 'Very High Bar'
Interim U.S. Attorney Lindsey Halligan for the Eastern District of Virginia could face bar disciplinary action or court sanctions if the prosecutions she's pursuing at President Donald Trump's behest are found to be politically motivated or baseless, although proving ethics allegations will be an uphill battle, experts say.
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October 16, 2025
Ex-Va. Federal Prosecutor Joins NY AG James' Defense Team
The former deputy criminal chief for the U.S. Attorney's Office in Norfolk, Virginia, on Oct. 16 joined the team defending New York Attorney General Letitia James in the government's case accusing her of mortgage-related fraud, filed after the president encouraged prosecutors to take action against his "guilty as hell" political opponents.
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October 16, 2025
Amazon Claims Calif. Lawyer, Chinese Firms Pulled IP Scheme
Amazon is suing a California lawyer and four Chinese companies, among others, over an alleged scheme to fraudulently register thousands of trademarks with the U.S. Patent and Trademark Office and then wrongfully report infringement by other Amazon sellers.
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October 16, 2025
4th Circ. Says No Recourse For Men Imprisoned Extra Year
The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.
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October 16, 2025
IRS Agents Lose Defamation Suit Against Hunter Biden's Atty
An attorney who defended Hunter Biden against criminal tax charges was only expressing his legal opinion when he accused Internal Revenue Service agents of illegally disclosing his client's private tax information, a D.C. federal judge ruled in dismissing the agents' complaint for defamation.
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October 16, 2025
Judge Rejects Bid To DQ Wash. Atty In Her County Bias Suit
A Seattle federal judge won't bar an attorney from representing herself in a racial discrimination lawsuit accusing a Washington county of sidelining her from hearing certain cases during her tenure as a part-time judge, rejecting the defense's claims of a conflict of interest.
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October 16, 2025
Texas Law Firm Partially Misclassified Paralegal, Judge Rules
A former paralegal for a Texas law firm was an independent contractor for the first four years at the firm, but an employee for the remaining two, a federal judge ruled while denying her bid to snag a win on her overtime and minimum wage claims.
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October 16, 2025
Sheriff's Atty Says Work With Witness's Counsel Not Conflict
The attorney for a Massachusetts sheriff charged with extorting a retail cannabis business denied that his past work with counsel for the alleged victim is a conflict of interest.
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October 16, 2025
Justices Asked To Rethink Gellert Seitz Malpractice Ruling
Lawyers for a homebuilder are asking Delaware's Supreme Court to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence handling loan-restructuring disputes, arguing that key issues have been left unresolved.
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October 16, 2025
Ex-Paralegal Says She Was Scapegoat For NC City Atty
A former paralegal in a North Carolina city attorney's office said she was falsely accused of misusing city resources on her boss's behalf and was not given a fair shot to clear her name, which has allegedly damaged her reputation and made it difficult to find a new job.
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October 16, 2025
Creek Freedmen Seek Contempt Ruling Over Citizenship Delay
Two members of the Muscogee Creek Indian Freedmen Band are seeking to hold the Creek Nation's principal chief and its citizenship board in contempt, alleging that their refusal to issue enrollment cards is a blatant violation of a tribal Supreme Court order that cannot be tolerated.
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October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
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October 16, 2025
Netflix Keeps Win In Documentary IP Suit From Atty's Film Co.
A New Jersey federal judge this week declined to reconsider his order throwing out an attorney's copyright infringement suit against Netflix Inc. over his documentary about sexual abuse in the Boy Scouts of America.
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October 16, 2025
Saul Ewing Asks For End To Ex-Conrail CEO's Legal Mal Suit
Following a federal court decision upholding an $11 million arbitration award against former Conrail CEO David LeVan that stemmed from a failed Gettysburg casino project, Saul Ewing has urged a Philadelphia judge to find that LeVan is time-barred from bringing his malpractice case against the firm, in which he accused it of poorly advising him during the fallout of the collapsed deal.
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October 16, 2025
ABA Says Attys Must Be Clear About Neutrality In Mediations
Attorneys who agree to work as neutral, third-party mediators must make it explicitly clear that they are not advising or holding privilege with participants, the American Bar Association has warned in its latest ethics opinion.
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October 15, 2025
Jack Smith And Other Ex-DOJ Staffers Slam Trump Purge
Former U.S. Department of Justice employees, including former special counsel Jack Smith, spoke out Wednesday in support of colleagues fired or forced to resign by the Trump administration, issuing a warning about the "existential crisis" born from efforts to use the agency to punish the president's political opponents.
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October 15, 2025
Valve Seeks To Toss 'Overlapping' $21M Arbitration Fee Suit
Valve Corp. is asking a Seattle federal judge to throw out a proposed class action seeking nearly $21 million in arbitration fees from the software company, claiming the suit is part of a scheme by law firm Mason LLP in which attorneys are seeking identical relief through redundant court challenges.
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October 15, 2025
Goldstein Can't Dismiss 2016 Tax Charges As Time-Barred
A Maryland federal judge denied SCOTUSblog co-founder Tom Goldstein's motion to dismiss four of the 22 federal tax charges brought against him in January, ruling that his defense that the counts stemming from the 2016 tax year should be time-barred will have to be raised at trial.
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October 15, 2025
'Lapse In Judgment' Didn't Merit Atty DQ, Ga. Panel Rules
The Georgia Court of Appeals reversed a trial court's disqualification of an attorney from a property dispute over discussions the lawyer had that initiated property damage central to the case, ruling that while the talks showed a "lapse in judgment," they did not warrant his removal.
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October 15, 2025
Boy Scouts Claimants Look To Remove Slater, Citing Probe
Alleging trial lawyer case aggregators at Slater Slater Schulman have "run amok" in the Boy Scouts sexual abuse case, a claimants group has moved for a bankruptcy court order terminating contingency fee legal service agreements with victims and a reduction in fees paid to the firm.
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October 15, 2025
States Want To Keep Eye On $14B HPE-Juniper Deal Review
The Justice Department is in the middle of trying to settle its challenge to Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, but a dozen states are now trying to get involved and have asked a California federal judge to allow them to intervene in the litigation.
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October 15, 2025
Atty Fights Walgreens Sanction Bid In Georgia Bias Suit
A former pharmacist suing Walgreens for discrimination asked a Georgia federal judge to reject the chain's sanctions bid against her attorney, saying the chain did not give the lawyer enough time to respond to a series of communications that led to the motion for sanctions.
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October 15, 2025
NY Court Tosses Most Of Ex-Lil Wayne Atty's Contract Claims
A New York state judge has dismissed most counterclaims a former attorney for Lil Wayne pursued in a fee dispute with his ex-client, but the lawyer may still attempt to collect some funds he claims to be owed by the rap star.
Expert Analysis
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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.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.