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Legal Ethics
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May 15, 2025
Penalty Challenge In $14M Estate Tax Case Heads To Trial
A woman who failed to file a tax return for her brother's nearly $14 million estate can move forward with a suit challenging the ensuing IRS penalties, a Rhode Island federal judge ruled, saying a jury might excuse the mistake by finding she relied on flawed legal advice.
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May 15, 2025
Ex-LA DA's Atty's AI Use 'Affirmatively Misled' Special Master
The retired California federal judge serving as special master for former Los Angeles District Attorney Jackie Lacey's insurance coverage suit — stemming from her husband's holding a gun in their home's doorway in 2020 — has ordered litigation sanctions against Lacey's legal team, finding the lawyers submitted "bogus AI-generated research" that initially tricked the judge.
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May 15, 2025
Lima Accuses Foley Hoag Of Conflict In $200M Award Case
The Peruvian city of Lima has urged a D.C. federal court to vacate its confirmation of about $200 million in arbitral awards favoring a highway contractor, saying the municipality's former counsel at Foley Hoag LLP concealed a conflict of interest.
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May 14, 2025
MyPillow CEO Can't Delay Defamation Trial Over Atty AI Errors
A Colorado federal judge denied MyPillow CEO Mike Lindell's request to continue a defamation jury trial set for early June, finding her threat of discipline and media attention over mistakes stemming from defense counsel's use of artificial intelligence in drafting briefs don't warrant delaying trial in the lawsuit.
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May 14, 2025
Girardi's Son-In-Law Should Face Ill. Theft Case, Feds Say
Disbarred attorney Tom Girardi's son-in-law should be ordered to face Chicago charges that he helped the once-celebrated plaintiffs' lawyer steal client money because he "blew through" the deadline for dismissal motions and supported them with arguments that lack merit, federal prosecutors argued Wednesday.
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May 14, 2025
Texas Appeals Court Asks If It Can Flip Arbitration Order
A Texas appeals court questioned Wednesday whether it can flip an order compelling several whistleblowers at the center of a $14 million settlement with JPMorgan Chase Bank NA into arbitration, saying it may not have jurisdiction.
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May 14, 2025
Feds Say Ex-BigLaw Atty Must Start Prison In OneCoin Case
Prosecutors asked a Manhattan federal judge on Wednesday to set a date for a former Locke Lord LLP partner to begin serving his 10-year prison sentence after he was convicted of helping to launder about $400 million in proceeds of the OneCoin cryptocurrency scheme.
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May 14, 2025
Judge Rejects DQ Of Smith Gambrell In Defamation Suit
A New York federal judge denied a former Major Lindsey & Africa recruiter's bid to disqualify Smith Gambrell from representing Major Lindsey in the employee's $75 million federal defamation suit, saying the request wasn't ripe for consideration yet.
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May 14, 2025
Pa. Justices Seem OK With Transit Crimes Special Prosecutor
Elements of Pennsylvania's Constitution seem to support the Legislature's ability to single out Philadelphia and its district attorney, Larry Krasner, for special treatment in a law establishing a "special prosecutor" for crimes committed within its regional transit agency, several state Supreme Court justices suggested during arguments on Krasner's challenge to the law Wednesday.
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May 14, 2025
Wis. Judge Seeks To Nix Charges Of Blocking ICE Arrest
The Wisconsin state judge arrested for allegedly helping an undocumented immigrant evade arrest moved to dismiss the "unprecedented" federal criminal case against her on Wednesday, claiming it blatantly violates the separation of powers principles at the heart of the U.S. Constitution.
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May 14, 2025
ExxonMobil Accuses Texas Atty Of Double Repping Company
Exxon Mobil and XTO Energy have accused a Texas attorney of taking their trade secrets connected to mineral interests and using them to benefit another energy company he is also representing.
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May 14, 2025
'Plaintiffs Are Wrong' In New Recusal Bid, Ga. Judge Says
A Georgia federal judge doubled down Wednesday on his refusal to recuse himself from a defamation case in which the plaintiff's counsel claimed he called their client a "fraud," writing that the "plaintiffs are wrong" that he misstated facts about a related case.
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May 14, 2025
Judge Who Defended Remarks As 'Dad Jokes' Is Suspended
The Florida Supreme Court on Wednesday suspended a state judge pending disposition of allegations that he made inappropriate jokes and comments while overseeing a criminal docket that he claimed were mostly inoffensive "dad jokes."
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May 14, 2025
Ex-Paralegal's Bias Claims Still Thin, Pennsylvania Firm Says
A former Zator Law LLC's paralegal's amended complaint claiming that the firm fired her on the basis of her panic disorder condition lacks specific details about her disability that would support her discrimination and retaliation claims, according to a motion to dismiss recently filed by Zator Law.
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May 14, 2025
DC Judge Restores Canceled ABA Domestic Violence Grants
A D.C. federal judge on Wednesday reinstated terminated federal grant funding for the American Bar Association's Commission on Domestic & Sexual Violence, finding that "the First Amendment prohibits the type of reprisal DOJ appears likely to have taken."
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May 14, 2025
NJ Firm Blume Forte Seeks To Arbitrate Disability Bias Claims
New Jersey personal injury firm Blume Forte Fried Zerres & Molinari PC is seeking to force the arbitration of claims from a former staffer regarding her dismissal after being hospitalized for a seizure.
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May 14, 2025
Judiciary To Share Pros, Cons Of AI For Courts With Congress
The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.
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May 14, 2025
Judge Beats Ex-Law Student's Suit At 11th Circ.
The Eleventh Circuit on Wednesday largely upheld the dismissal of a suit from a former law student and federal prosecutors' intern accusing a Florida federal judge and government attorneys of ruining his job prospects, finding that the judge has immunity while the lawyers' acts were mostly part of their jobs.
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May 14, 2025
DOJ Says No Hiring Private Counsel From Firms Suing US
Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.
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May 13, 2025
Wis. Grand Jury Indicts Judge Accused Of Blocking ICE Arrest
A Wisconsin federal grand jury on Tuesday returned a two-count indictment against the state judge arrested for allegedly helping an unauthorized immigrant evade arrest by federal immigration officers.
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May 13, 2025
Pot Payment Co. Wants Court To Enforce $1.3M Deal
A Boulder, Colorado, fintech company said its former business associates in a failed joint venture to create a cannabis payment system cannot be trusted to pay the $1.3 million settlement meant to end all claims of fraud, urging a Nevada federal court to step in and force them to follow through.
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May 13, 2025
SEC Says Ex-Pot Co. CFO Can't Cite Atty Advice As Shield
The U.S. Securities and Exchange Commission told a New York federal judge that a former executive of cannabis company Acreage Holdings Inc. accused of falsifying the company's financials cannot allege he was relying on advice from attorneys without forgoing the attorney-client privilege that would shield those communications.
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May 13, 2025
Boeing Slams Defunct Airline's Sanctions Bid In 737 Max Spat
Boeing has fired back at defunct airline Comair's bid to get the major American aerospace company sanctioned for deleting evidence of a side letter that purportedly assured Comair that its deposit for the purchase of 737 Max jets was refundable, telling a Washington federal court that no such assurances were made in the nonexistent letter.
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May 13, 2025
Did AI Co. Anthropic's Expert Cite AI-Hallucinated Study?
Music publishers claiming artificial intelligence company Anthropic infringed their works to train its AI models told a California federal magistrate judge Tuesday that an Anthropic expert witness cited a "fictitious" AI-generated study in a recently filed declaration, urging the judge to sanction the company's Latham & Watkins attorneys for not catching the issue.
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May 13, 2025
IT Worker Accuses Feds Of Malware Trial Evidence 'Ambush'
A former IT worker at an Ohio power management company has asked for a new trial on charges that he intentionally corrupted his employer's computer system with malware, saying prosecutors withheld evidence until the last minute that directly rebutted a key aspect of his defense.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.