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Legal Ethics
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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June 24, 2025
3rd Circ. Pick Told DOJ To Defy Courts, Whistleblower Says
A top career official at the U.S. Department of Justice who was fired has come forward with a whistleblower complaint alleging Third Circuit judicial nominee Emil Bove, who was acting deputy attorney general at the beginning of the year, sought to defy court orders.
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June 24, 2025
Co. Slams 'Overheated' Reed Smith Brief In Shipping Row
Reed Smith should not be allowed to halt court proceedings amid its effort to hold onto a client file sought by postbankruptcy owners of Eletson Holdings Inc., a reorganized international shipping company, amid its ongoing dispute with Levona Holdings Ltd., according to briefs both sides filed before the Second Circuit.
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June 24, 2025
Boeing Says COVID-Era Docs Needed In Suit Over 737 Sales
Boeing is urging a Washington federal court to compel a defunct South African airline to turn over documents about its financial state and the effects of the COVID-19 pandemic on its business from 2019 to 2021, as the plane maker fights a suit alleging it hid the flaws of its 737 Max line.
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June 24, 2025
Gaming Co. Asks 11th Circ. To Uphold Malpractice Coverage
A gaming company and a law firm asked the Eleventh Circuit to reject an insurer's bid to avoid representing the firm in a malpractice case, arguing that if at least one claim in an underlying complaint was covered, the insurer couldn't apply a misappropriation exclusion.
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June 24, 2025
Ex-J&J Atty's Race Bias Suit Lacks Facts, Company Argues
Johnson & Johnson Services Inc. told a New Jersey federal court this week that a former in-house data privacy attorney suing the pharmaceuticals giant for discrimination failed to plead any facts supporting her allegation that the company passed her over for a job in favor of a less qualified candidate.
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June 24, 2025
10th Circ. Rejects Ex-GC's Sanctions Bid Against Loeb & Loeb
The Tenth Circuit has sided with a district court's decision dismissing a bid by the former general counsel of a medical device company to have Loeb & Loeb LLP sanctioned for bringing what he said was a baseless lawsuit against him on behalf of his former employer.
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June 24, 2025
Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit
A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.
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June 23, 2025
Florida Judge Denies Bid To DQ Boies Schiller In Fee Suit
A Florida state court judge on Monday denied a bid to disqualify Boies Schiller Flexner LLP in a lawsuit brought by pharmaceutical mass tort companies to block their former counsel from collecting fees after he was dismissed for alleged insufficient representation.
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June 23, 2025
Amazon Sanctioned For Hidden Discovery
A Washington federal judge sanctioned Amazon.com Monday by limiting its use of company documents produced during discovery while giving the Federal Trade Commission more time for discovery, siding with the FTC's allegations that the online retail giant improperly claimed privilege over tens of thousands of documents in the Prime "dark patterns" lawsuit.
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June 23, 2025
Fubo Streamers Demand Own Attys In Disney Suit Settlement
Subscribers to the Fubo streaming service asked a California federal judge to name them and their attorney the leads in the recent proposed settlement with Disney over the carriage fees for its sports streaming service, and to be "wary" of a motion to appoint the attorney for the two other classes of streaming customers as lead counsel.
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June 23, 2025
Boston Firm Says Competitor Had Secret Deal With Shareholder
A Boston law firm is accusing a smaller personal injury practice of secretly steering cases and work to a now-former shareholder, including one case that led to a $5 million settlement, according to a lawsuit filed Monday in a Massachusetts state court.
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June 23, 2025
Litigation Funders Fight 'Kill Shot' In 'Big Beautiful Bill'
Litigation funders are in panic mode over a provision in the massive federal spending bill that would impose a 41% punitive tax on the $16 billion industry, with one executive calling it a "kill shot" and an academic warning it amounts to "unprecedented" weaponization of the U.S. tax code.
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June 23, 2025
Dems Demand Info On Emil Bove's Alleged Misconduct
Ahead of Emil Bove's hearing on Wednesday for his judicial nomination, Democrats on the Senate Judiciary Committee are pressing for information on complaints alleging his misconduct while at the U.S. Attorney's Office for the Southern District of New York and Main Justice earlier this year.
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June 23, 2025
Convicted Pot Ring 'Consigliere' Denied Return To Pa. Bar
An attorney convicted of federal crimes after serving as a "consigliere" to a drug trafficking ring has been denied reinstatement to the Pennsylvania bar, with the state's Supreme Court siding with a disciplinary board report that flagged "his efforts to downplay his misconduct."
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June 23, 2025
Conflict Forces Transfer Of Seton Hall Whistleblower Case
Seton Hall University's former president's whistleblower suit against the school will be heard in a New Jersey state court in Hudson County after an Essex County judge confirmed her decision to move the case due to a potential conflict of interest involving the daughter of one of the defendants.
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June 23, 2025
Dems Laud Axing Of Budget Bill's Injunction Bond Provision
A provision meant to up the ante for plaintiffs filing lawsuits against the federal government by increasing the use of injunction bonds has been ruled ineligible for inclusion in the budget reconciliation package.
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June 23, 2025
Conn. Firm's Claims Against Restaurant Attys Trimmed
Connecticut employment law firm Hayber McKenna & Dinsmore LLC may advance vexatious litigation claims, but not abuse of process claims, against attorneys for several restaurants who previously accused the firm of violating state unfair trade practices laws to target potential clients, a state trial court judge has ruled.
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June 23, 2025
Justices To Review Liability For Forcing Prisoner's Haircut
The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.
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June 20, 2025
Mich. Judge Denies Ethics Charges, Says He Was Spied On
A Michigan state judge accused of disparaging the district court's chief judge during official proceedings as well as secretly recording a conversation with her has responded to formal charges against him, refuting the allegations and additionally claiming the court has spied on him.
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June 20, 2025
Atty Interaction Prompts Recusal In Google AI Suicide Suit
A Florida federal judge and former Gunster shareholder has recused himself from a suit accusing Character.AI and Google of causing the suicide of a teen who was addicted to an artificial intelligence chatbot, after a Munger Tolles & Olson LLP attorney said he discussed the case with the then-attorney last year.
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June 20, 2025
Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals
In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.
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June 20, 2025
Attys Face Sanctions For 'Sweeping' Copying Of Firm's Motion
A California federal judge has ordered The Neil Jones Food Co.'s defense counsel to explain why she shouldn't sanction them for filing a dismissal motion that appears to plagiarize a losing motion filed by another firm in another case in the district, slamming the "sweeping copy and paste" conduct as "patently unacceptable."
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June 20, 2025
Wash. Municipal Judge Fights State Board's Removal Petition
A suspended Washington municipal court judge has urged the state Supreme Court to reject a judicial board's recommendation that she be removed from the bench for allegedly mistreating staff and attorneys, saying she has been unfairly punished for her former attorney's actions "in a racially charged environment."
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June 20, 2025
Veterans Can't Stop Defendant's Outreach To Potential Class
A group of veterans can't stop a consulting firm from contacting potential class members for help with the firm's defense in a lawsuit alleging it charged millions of dollars in illegal fees, a North Carolina federal magistrate judge has ruled from the bench.
Expert Analysis
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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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.