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Legal Ethics
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July 01, 2025
Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views
A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.
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July 01, 2025
South African Investors Say Ga. Atty Kept Escrowed Funds
Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.
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July 01, 2025
Senate Passes Budget Bill, Rebuking National Injunctions
The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.
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June 30, 2025
Philly-Area Law Firm's Bookkeeper Jailed For Embezzlement
The former bookkeeper at a Bucks County, Pennsylvania, law firm has been sentenced to one to two years of incarceration for embezzling more than $820,000 from the firm, state prosecutors announced Friday.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Ex-Defender Tells 4th Circ. Bias Hearing Would've Been Futile
A former assistant public defender looking to revive her bias suit fought Monday to convince the Fourth Circuit that it would have been futile to wait for a final hearing on her sexual harassment claim through the judiciary's internal complaint process before quitting, citing in part her boss's alleged favoritism of the accused party.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
Ga. Judge Can't Quash Ethics Charges, Watchdog Panel Says
A Georgia superior court judge has lost her bid to quash the charges brought against her by the state's judicial watchdog, with the state's Judicial Qualifications Commission saying investigators' financial backing of one of her political opponents does not justify tossing the charges.
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June 30, 2025
Trump Admin Appeals Perkins Coie Case To DC Circ.
The Trump administration announced in D.C. federal court on Monday that it's not giving up on its effort to punish Perkins Coie LLP through an executive order, even after losing four court rulings that found its actions in this and three similar cases are unconstitutional.
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June 30, 2025
Fla. Law Firm Accused Of Holding Deal Funds 'Hostage'
Florida personal injury firm Brotman Nusbaum Ibrahim PLLC has been hit with a state court malpractice suit claiming it held a client's settlement funds "hostage" and then duped his daughter into signing a release to try to block him from suing a surgeon over an allegedly botched surgery.
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June 30, 2025
Law Firm Aims To Exit Lowenstein Sandler Suit Over Affidavit
Trif & Modugno LLC asked a New Jersey state judge to dismiss Lowenstein Sandler LLP's claims against the firm as part of its legal battle with a cannabis dispensary, saying the claims fail because Lowenstein Sandler did not file an affidavit of merit.
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June 30, 2025
McCarter & English Says Developer Estate Suit Is A Duplicate
McCarter & English LLP and the estate of a deceased attorney should not have to face a new lawsuit over the alleged mismanagement of a Connecticut retail developer's trust because it seeks to "derail" a pending case that is already teed up for trial, the defendants told a state court.
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June 30, 2025
Lin Wood Can't Avoid Legal Costs In Defamation Case
A Georgia federal judge has found that retired attorney L. Lin Wood can't escape paying his former law partners $750,000 in attorney fees and costs related to a $3.75 million defamation verdict against him, rejecting his argument that the statute governing attorney fees was unconstitutional.
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June 30, 2025
Judge Hits Pause On Civil RICO Suit Against NJ Power Broker
A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.
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June 30, 2025
Calif. Panel Chides Attys Who Hid Opponent's Inactive Status
In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.
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June 30, 2025
Fox Rothschild Beats RICO Suit From 2 Former Clients
A New Jersey federal judge has tossed federal racketeering and state law claims lodged against Fox Rothschild LLP by two former clients who accused the firm of "knowingly and willfully robbing their immigration clients."
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June 30, 2025
Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale
Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.
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June 27, 2025
Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed
A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.
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June 27, 2025
Ga. Panel Says Court's Tech Glitch Shouldn't Kill Appeal
The Georgia Court of Appeals on Friday revived a tenant's appeal of an eviction action, saying the trial court wrongly dismissed the matter when it failed to explain why evidence of a delay caused by the court's electronic filing system did not save the appeal.
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June 27, 2025
2nd Circ. Mulls Arguments In NY Atty Grievance Privacy Suit
A Second Circuit panel has questioned whether a pathway exists to limit the scope of "presumptive public access" to attorney grievance documents in New York, as the panel considers the state's appeal of a federal district court ruling that would make records related to attorney misconduct cases public.
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June 27, 2025
Sunbeam Says 'Reptile Theory' Tactics Doom $8.8M Verdict
Sunbeam Products Inc. and parent company Newell Brands Inc. want a new trial in a case where a woman won an $8.8 million verdict on claims that a slow cooker made by the companies left her with burns, asserting that her attorneys committed misconduct aimed at using "Reptile Theory" to inflame the jury.
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June 27, 2025
Court Urged To Push Ex-GC To Provide Co. Laptop Password
E-commerce company Storehouse In A Box has asked a federal judge in Michigan to issue a preliminary injunction and temporary restraining order against its former general counsel and chief operating officer, arguing he refused to give the company access to a laptop that the company provided and used the company's trade secrets for his benefit.
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June 27, 2025
Calif. Panel Tosses Hacking Case Against Ex-LA Prosecutor
A California state appeals court has ordered the dismissal of criminal claims against former Los Angeles Assistant District Attorney Diana Teran over her use of public sheriff's deputy files contained in a "confidential" database.
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June 27, 2025
Ga. Panel Fines Atty For 'Blatant Lack Of Professionalism'
The Georgia Court of Appeals on Friday backed the dismissal of a lawyer's libel suit against opposing counsel over a discovery dispute in a personal injury case, going so far as to slap the attorney with a fine for wasting its time with the "frivolous" appeal.
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June 27, 2025
2 Firms Accused Of Vexatious Litigation Over Property Liens
Law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP have been sued by a Greenwich, Connecticut, couple who claim the firms misused the court system in order to delay payouts they were owed by a property owner, including a stake in a $7.9 million judgment in New York.
Expert Analysis
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.