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Legal Ethics
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May 27, 2025
Fla. Justices Urged To Stop Agency's Prosecution 'Overreach'
A man accused of election fraud has filed his opening brief with the Florida Supreme Court over claims that the Florida Office of Statewide Prosecution doesn't have the authority to pursue the charges against him, calling the organization a "creature of limited jurisdiction."
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May 27, 2025
ArentFox Schiff Says Workers' 'Antics' Should Get Suit Tossed
An Illinois federal judge handling age discrimination claims from two longtime former ArentFox Schiff LLP information technology contractors should permanently dismiss their lawsuit as a consequence for routinely destroying case evidence and discarding their mobile phones while the litigation has been pending, the firm says.
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May 27, 2025
Auto Co. Seeks Judge's Recusal For Pushing Bias Settlement
A Pennsylvania magistrate judge has been improperly pushing an automotive dealership to settle a former manager's suit claiming she faced daily sexual advances and inappropriate comments from her boss, the company said, arguing the judge needs to step aside before an upcoming trial.
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May 27, 2025
Calif. Bar Seeks More Remedies After Problematic Feb. Exam
The state bar of California has formally asked the state Supreme Court to approve measures including a limited provisional licensure program and a more direct pathway to admission for out-of-state attorneys, in the state bar's latest attempt to seek equitable remedies amid the fallout from the bungled February 2025 California bar exam.
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May 27, 2025
'I Need To Be Careful': Judge Wades Into Musk-Firm Conflict
A New York federal judge questioned his authority to weigh in on Bernstein Litowitz Berger & Grossmann LLP's hiring decisions after it sought permission to employ a former U.S. Securities and Exchange Commission attorney who Elon Musk claims could disadvantage him in a shareholder lawsuit, asking the firm and Musk to brief him on what may be an issue of first impression.
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May 27, 2025
Feds Can't Turn Off NY Funding In Congestion Pricing Fight
A Manhattan federal judge on Tuesday temporarily blocked as "arbitrary and capricious" a Trump administration threat to withhold federal transportation funds from New York as part of a White House effort to undo New York City's congestion pricing program.
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May 23, 2025
Law360 Reveals Titans Of The Plaintiffs Bar
This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.
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May 23, 2025
USPTO Asks Fed. Circ. To Deny Both VLSI, OpenSky In IP Row
The acting director of the U.S. Patent and Trademark Office on Friday stepped into a patent review dispute between VLSI Technology and OpenSky Industries at the Federal Circuit following a $2.18 billion jury verdict against Intel Corp., urging the appellate court to reject both sides' arguments.
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May 23, 2025
4 Top Paul Weiss Attys Exit In Wake Of Firm's Deal With Trump
Four top Paul Weiss Rifkind Wharton & Garrison LLP partners who have represented Google, Amazon and other major companies in high-profile litigation left the firm Friday, in the wake of its decision to make a deal with the Trump administration to defuse an executive order targeting the BigLaw firm's business.
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May 23, 2025
Cooley Beats Malpractice Claim In NJ Investor Suit, For Now
A New Jersey federal judge on Friday trimmed a securities fraud lawsuit alleging Cooley LLP and its attorneys deliberately hid from an investor fraud claims against a startup's CEO, dismissing legal malpractice allegations against Cooley and four attorneys, but keeping alive other claims and letting the plaintiff amend his suit.
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May 23, 2025
Detroit Judge Can't Yet Invoke Immunity Over Teen's Mock Trial
A Michigan federal judge said a Detroit judge's decision to put a teenager through a livestreamed "judicial-like" proceeding akin to "Scared Straight" for falling asleep in his courtroom while on a field trip may have fallen outside the bounds of judicial immunity, denying a bid to toss the teen's lawsuit against the judicial officer.
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May 23, 2025
NC Judge Censured For Drunken Driving With His Child In Car
The North Carolina Supreme Court on Friday censured a state judge after he was found guilty of drunken driving with his minor daughter in the vehicle, calling the discipline the "minimum acceptable consequence" for the judge's wrongdoing.
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May 23, 2025
Atty, Stepdaughter Face $600K Workers' Comp Fraud Charges
The Orange County District Attorney's Office has charged a California attorney and his stepdaughter with conspiring to defraud a police department she was employed at by filing fraudulent workers' compensation payments.
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May 23, 2025
Ill. Justices Ice Attys Who Stacked Jobs, Flubbed Cases
A lawyer who triple-dipped jobs against Illinois attorney general rules and another who collected excessive fees and mishandled two clients' criminal matters were included alongside several other attorneys named in the Illinois Supreme Court's latest disciplinary order.
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May 23, 2025
Ga. Judge Acted As 'Jury And Executioner,' Ethics Panel Told
A Georgia woman told a state judicial ethics tribunal Friday that she was "humiliated" by a Fulton County judge's decision to lock her in a cell during her parents' divorce hearing, recalling that she felt the judge had claimed for herself the additional titles of "jury and executioner," while the woman's father came to the judge's defense.
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May 23, 2025
Texas Atty Still Disbarred For Failing To Report Client's Death
A Texas appeals court has upheld the disbarment of an attorney who was found by a jury to have engaged in professional misconduct, in part, by failing to report the death of a client he had represented in an attempt to recover the value of bounced checks.
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May 23, 2025
Law Prof Rebuked For Trying To End Sister's Conservatorship
Colorado appellate judges have said a Northwestern University law professor lacked standing to request termination of a conservatorship over his sister, citing the professor stealing at least $1.5 million from his sister's inheritance and calling him "the antithesis" of a person interested in her welfare.
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May 23, 2025
Ga. Bar OKs Real Estate Deals Via Video
The State Bar of Georgia has adopted a formal ethics opinion allowing attorneys to close real estate deals via video conference, finding that the remote appearances satisfy lawyers' duty to be "present" at closings.
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May 23, 2025
Split DC Circ. Affirms Ax Of Ex-Trump Aide's Surveillance Suit
A split D.C. Circuit affirmed Friday the dismissal of claims by former Trump 2016 campaign adviser Carter Page that the U.S. Department of Justice, FBI and former top officials violated privacy statutes in surveilling him as part of a Russian election interference probe.
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May 23, 2025
Philly Firm Dodges DQ Despite 'Troubling' Discovery Conduct
Philadelphia-based construction law specialists Horn Williamson LLC can't be disqualified from a batch of negligence lawsuits against home builder Toll Brothers Inc. over "troubling" misconduct involving third-party subpoenas, a Pennsylvania Superior Court said Friday.
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May 23, 2025
Southwest Flight Attendant Fights To Revive Nixed Sanctions
A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.
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May 23, 2025
Ex-Immigration Judge Fights To Keep Fla. Bias Suit Alive
A former immigration judge has urged a Florida federal court to reject U.S. Attorney General Pam Bondi's bid for an early win against her disability bias claims, arguing she was denied a hardship transfer and reasonable accommodation due to her gender and age.
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May 23, 2025
Alarms Sound As DOJ Anti-Corruption Unit Withers
Created in the aftermath of the Watergate scandal as a guardrail against government corruption and politically motivated criminal prosecutions, the Justice Department's Public Integrity Section has been stripped down under the Trump administration to a skeleton crew with severely limited responsibilities, potentially opening the door for improper prosecutions and eliminating a knowledge base built up over decades.
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May 22, 2025
Ga. Judge Threated Atty Over Custody Case, Ethics Panel Told
A Georgia attorney told the state's judicial watchdog Thursday that a trial judge improperly called her to discuss her child custody case, gave her preferential scheduling due to their membership in the same sorority and then threatened to take her child from her after she filed a recusal motion.
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May 22, 2025
Levi Strauss Calls For Sanctions Against Boies Schiller
Levi Strauss is seeking more than $15,000 from Boies Schiller Flexner LLP and training for the firm's litigation attorneys in the proceeding over a former executive's sex discrimination claims, telling a California federal judge that Boies Schiller flouted deadlines and refused to meet with opposing counsel.
Expert Analysis
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.