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Legal Ethics
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Fla. Justices Ban Referrals Over Judicial Election Conduct
The Florida Supreme Court has signed off on a rule change the state bar sought that prohibits ethics referrals from judges about their opponents' conduct with respect to judicial elections.
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September 03, 2025
Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.
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September 03, 2025
Chatbot Or Not, Ind. Judge Urges Sanction For Bad Citation
An Indiana federal judge has recommended sanctioning an attorney representing a woman in an employment discrimination suit against a county court's juvenile detention center after the lawyer included faulty citations in a discovery brief, regardless of how the citations got there.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Lowenstein Sandler Fights To Keep Fee Battle With Firm Alive
Lowenstein Sandler LLP urged a New Jersey state court to reject a bid seeking to trim its lawsuit against Trif & Modugno LLC in a legal battle over allegedly unpaid legal services rendered to a cannabis dispensary, saying its claims against the firm are over dishonest business practices and not legal malpractice.
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September 02, 2025
Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules
Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.
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September 02, 2025
Paramount Scores Some Docs In 'Top Gun' Copyright Suit
A Manhattan federal judge on Tuesday granted Paramount Pictures' request for certain documents held by Shaun Gray, a man suing the company claiming that he wrote some key scenes in "Top Gun: Maverick" without receiving any money or credit.
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September 02, 2025
Ga. Superior Court Clerk Suspended After Indictment
A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.
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September 02, 2025
Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims
A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.
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September 02, 2025
Jury Misled On Tax Fraud Conspiracy Charge, 10th Circ. Rules
The Tenth Circuit overturned Tuesday a conviction against a man who did not report trust income on his personal tax returns, saying the New Mexico district court erred in presenting instructions on the conspiracy charges to both the jury and defendant's counsel.
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September 02, 2025
3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit
A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.
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September 02, 2025
Colo. Lawyer Suspended For Ignoring Court Orders
A Colorado family law attorney has received a 60-day suspension and two years' probation from state Presiding Disciplinary Judge Bryon M. Large after numerous claims of misconduct, including that she refused to respond to the court in a paralegal's lawsuit against her and her firm.
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September 02, 2025
Sysco Keeps Trial Win In Motorcycle Accident Injury Suit
A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.
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September 02, 2025
TMX Customers Get Final OK For $42M Data Breach Suit Deal
Customers of title loan and payday lender TMX Finance have gotten a final nod for their $42 million settlement of class action claims arising from a data breach affecting an estimated 4.8 million people, with class counsel receiving just under $6 million in fees and expenses.
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September 02, 2025
Fla. Judge Accused Of Misusing Role To Aid Friend's Case
A Florida judge is facing a public reprimand for intervening in a longtime friend's domestic violence case, working with the prosecutor to reach an agreement in violation of judicial ethics rules.
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August 29, 2025
11th Circ. Backs CNN Win In Dershowitz Defamation Suit
The Eleventh Circuit Friday upheld a Florida federal judge's ruling that freed CNN from Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, saying Dershowitz presented no evidence that the news network acted with actual malice when covering his defense of President Donald Trump's 2020 impeachment trial.
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August 29, 2025
LA's Acting US Atty Essayli Faces DQ Bid Over Expired Term
The Federal Public Defender's Office in Los Angeles urged a California federal court Friday to disqualify acting U.S. Attorney Bill Essayli, arguing that his temporary 120-day appointment has expired and his continuing service in the role "circumvented limitations" imposed by Congress.
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August 29, 2025
Judge Newman's Suspension Extended Once Again
Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.
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August 29, 2025
Tribe Says Okla. City Can't Avoid Sovereignty Suit
The Muscogee (Creek) Nation told an Oklahoma federal court to reject a local city's bid to dismiss the Indian nation's suit accusing the city of violating the nation's sovereignty by prosecuting Indians for crimes committed within the nation's territory.
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August 29, 2025
DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'
The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."
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August 29, 2025
'Be Careful,' New Mich. Chief Judge Tells Attys When Using AI
Just weeks into the job, the new chief judge of the U.S. District Court for the Eastern District of Michigan is navigating challenges like an uptick in cases and the need for another magistrate judge, and has a word of warning for attorneys using artificial intelligence in their practice.
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August 29, 2025
Panel Nixes Buzbee Win Against Atty Who Aided Campaign
A Texas state appeals court has reversed a $765,000 summary judgment awarded to personal injury lawyer Tony Buzbee in a dispute with an attorney who said she was never paid for her contributions to his 2019 Houston mayoral campaign.
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August 29, 2025
Calif. Commission Admonishes Judge Over Remarks In Court
A Los Angeles County Superior Court judge was publicly admonished by the California Commission on Judicial Performance after he was found to have made a number of inappropriate remarks from the bench including threatening to "shoot" attorneys and another judge.
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.