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Legal Ethics
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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.
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May 28, 2025
Ex-Texas Solicitor General Accused Of Harassment In Suit
A new lawsuit from a onetime executive assistant at Stone Hilton PLLC alleges various forms of misconduct at the firm and claims that one of its founders resigned from Texas Attorney General Ken Paxton's office amid sexual harassment allegations.
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May 28, 2025
ID Verification Platform Fights Bid To DQ MoFo In IP Dispute
Identity verification platform Jumio urged a California federal court to reject a bid to disqualify Morrison & Foerster LLP as its counsel in patent litigation over facial recognition technology, saying the law firm had not been co-counsel with its previously disqualified firm, Perkins Coie LLP.
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May 28, 2025
DC Circ. Denies Steve Bannon's Bid For En Banc Rehearing
Right-wing media figure Steve Bannon, who was a chief strategist during the first Trump administration, has been rebuffed in his bid for an en banc rehearing at the D.C. Circuit on his contempt of Congress conviction, a move his legal team deemed "overriding politicalization."
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May 28, 2025
Ga. Bank Wins Appellate Review Of Claim Against Law Firm
The Georgia Court of Appeals has agreed to review a dismissed portion of a bank's suit against law firm Stanley Esrey & Buckley LLP, after the bank argued it had sufficiently explained that it loaned millions of dollars to a woman who was later convicted of fraud based on the firm's "false assurances."
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May 28, 2025
Ex-Benghazi Investigator Sworn In As Interim NorCal US Atty
A longtime Los Angeles attorney and former investigator into the 2012 terrorist attack in Benghazi, Libya, that killed four Americans was appointed on Tuesday as interim U.S. attorney in California's Northern District, where he'll be allowed to serve up to 120 days pending Senate confirmation.
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May 28, 2025
Ga. Lawyer Disbarred After Contract Forgery Probe
A Georgia attorney was disbarred Wednesday for altering a contract at the heart of a commercial dispute in a failed attempt to deceive a trial court, as the state supreme court rejected his defenses for his "dishonesty, fraud, and deceit."
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May 28, 2025
NJ Firm Loses Bid To Toss Worker's Wage Suit
A New Jersey personal injury law firm will not be able to escape a former employee's lawsuit alleging she was paid less than men and harassed while pregnant, a state court judge ruled, saying that she fulfilled discovery demands.
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May 28, 2025
Wash. Court Blocks Atty From Sharing Nonparty Client's File
A Washington appeals court says an Evergreen State attorney may not disclose a client's confidential file for in-camera review to support his defense in an estate's legal malpractice case, finding the disclosure would go against the state's professional conduct rules.
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May 28, 2025
NRA President's Attys Want Out Of Election-Inspection Case
The lawyers representing the recently elected president of the National Rifle Association in a contract dispute stemming from investigations of the 2020 election are asking a Michigan federal court to excuse them from the case, after their client allegedly heard from his codefendant and stopped talking to them.
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May 28, 2025
Calif. Ethics Panel Weighs Judge DQs In Racial Justice Cases
A California judge who previously served as a district attorney need not be recused from a case involving California Racial Justice Act claims solely because the judge previously handled cases involving elements that may be subject to discovery under the act, the state's judicial watchdog has put forward in a draft opinion.
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May 27, 2025
Anthropic Declaration Partly Stricken Over AI Hallucination
A California federal magistrate judge has partially stricken an expert report filed by Anthropic in copyright infringement litigation that cited a nonexistent study — an error created by the artificial intelligence company's own Claude AI tool — calling the issue "serious," but "not quite so grave as it first appeared."
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May 27, 2025
Colo. Justices Won't Hear Atty's Challenge To Law Firm NDA
The Colorado Supreme Court ruled Tuesday that it will not consider an attorney's petition fighting her nondisclosure agreement with a prominent local law firm, ending her argument that the agreement violated a professional rule prohibiting firms from limiting an attorney's ability to practice law after ending an employment relationship.
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May 27, 2025
Atty Avoids Sanctions After Adding AI Hallucinations To Brief
A California attorney who represented a software company in a trade secret dispute will not be sanctioned for filing a brief that included two ChatGPT-hallucinated case citations under circumstances so unusual they "couldn't have been made up," an Illinois federal judge said Tuesday.
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May 27, 2025
Expert Says DuPont Knew Of PFAS Risk At NJ Site
A former U.S. Environmental Protection Agency policy adviser told a New Jersey federal court on Tuesday that E.I. du Pont de Nemours knew of the risk of "forever chemicals" and failed to disclose that risk to federal and Garden State regulators despite its obligation to do so.
Expert Analysis
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr Barnes & Thornburg.
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Series
Power To The Paralegals: An Untapped Source For Biz Roles
Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.
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Series
Playing Poker Makes Me A Better Lawyer
Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.
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Series
Law School's Missed Lessons: Becoming A Firmwide MVP
Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.
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Alternative Business Structures Raise Ethics Questions
The new KPMG law firm, launched in Arizona following that state's repeal of the prohibition on fee sharing with nonlawyers, raises a number of important practice questions, both for the firm and those law firms seeking to partner with it, says Deborah Winokur at Cozen O’Connor.
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.