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Legal Ethics
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September 29, 2025
Sherwin-Williams Contests 'Exceptional Case' Fee Claim
Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional,"Â the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.
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September 29, 2025
Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions
Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."
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September 29, 2025
Va. Immigration Firm Accuses Ex-CFO Of Diverting Funds
A Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
Ex-Mass. US Atty Faces Bar Reprimand Over Leak, Texts
Former Massachusetts U.S. Attorney Rachael Rollins has agreed to waive a hearing and accept a public reprimand from state bar regulators as a sanction for leaking confidential material about an investigation to a reporter, then trying to shift blame away from herself in a "disingenuous" text to staff, according to a petition for discipline.
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September 26, 2025
NY Judge Grills CA Atty Over Botched Pro Hac Vice Filings
The Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now.
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September 26, 2025
Atty Facing Crypto Fraud Charge Can't Block Evidence At Trial
A suspended Pennsylvania attorney's requests to exclude certain evidence from his upcoming October cryptocurrency fraud trial were largely shot down by a judge who found, among other things, that the requests should have taken the form of earlier motions to strike certain allegations from the government's indictment.Â
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September 26, 2025
Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict
Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."
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September 26, 2025
Atty Fights Uphill To Nix Sanctions For Motion With AI Errors
MPH International's counsel urged a California federal judge Friday to change his mind on sanctions requiring him to report to the state bar for filing a summary-judgment motion with AI-generated errors, arguing he had COVID, such mistakes are becoming commonplace and disciplinary proceedings could harm small practices and pro-bono work.
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Fitch Even Sues Litigation Funder CEO, Ex-Client For $1.2M
Chicago-based law firm Fitch Even Tabin & Flannery LLP has brought a lawsuit in Illinois federal court against a former client and the CEO of a litigation funder, saying it is owed more than $1.2 million in legal fees for the firm's work on a patent infringement case the ex-client filed against Samsung.
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September 26, 2025
Clinic Defends Legal Malpractice Suit Over Ex-Eagle's Case
A Philadelphia judge should overrule a law firm's attempts to fight malpractice claims tied to a professional negligence case brought by onetime Philadelphia Eagles safety Chris Maragos over his care following a knee injury, a medical clinic has argued, telling the court that the firm's objections are legally barred.
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September 26, 2025
Former SGR Atty Accused Of Forcing Client Into Settlement
A man who sued his sister on claims of undue influence over their mother's estate claims his former attorney's malpractice led to him taking a settlement worth "at least three times" less than what he should have received.
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September 26, 2025
Derailment Litigants Say Attys Duped Them Into $600M Deal
Nearly 150 residents in and around East Palestine, Ohio, say plaintiffs' lawyers misled them into joining a $600 million deal with Norfolk Southern by concealing experts' testing and community members who got sick after a fiery 2023 derailment, according to a motion asking a federal judge to let them out of the settlement.
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September 26, 2025
Calif. Justices Approve Changes To Bar Exam Oversight Rule
The California Supreme Court has approved amendments to the state rules of court, in part to clarify oversight of the California bar exam in the wake of a botched administration in February.
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September 26, 2025
Texas Justices To Review Atty Fee Dispute Over Criminal Case
The Texas Supreme Court on Friday agreed to wade into a fees dispute between a law firm and its former client in a criminal matter, with the high court's review likely to touch on the scope of a 30-year-old doctrine concerning the ability of criminal defendants to sue their defense lawyers after being convicted.
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September 26, 2025
DLA Piper Inks $300K Deal Over Ex-Atty's Alleged Fraud
A Philadelphia judge has been asked to approve a $300,000 settlement between DLA Piper, one of its former firm partners and a Los Angeles businessman who claimed the former partner defrauded him while practicing at the firm.
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September 26, 2025
The Comey Case Was Hard To Bring. It May Be Harder To Win.
The government faces steep challenges in proving key elements of its bare-bones indictment of former FBI Director James B. Comey, including his state of mind during 2020 testimony before Congress and the potential lack of a credible star witness, experts say.
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September 26, 2025
Miss America Dispute Turns On Dueling Fraud Claims
A real estate developer and his attorney have hit back at claims they should be sanctioned for allegedly submitting fake contracts as evidence they own the company that runs the Miss America pageant, asserting in a Florida federal court filing that their litigation opponents are the ones "engaging in fraud."
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September 26, 2025
Board Admonishes NJ Atty Over Remarks To Medical Provider
A New Jersey attorney was admonished by the state's disciplinary review board for threats issued against a medical professional seeking payment for services, which the board said violated the rules of professional conduct.
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September 26, 2025
Texas' Eastern District Tightens Sealed-Document Procedures
Chief U.S. District Judge Amos L. Mazzant III of the Eastern District of Texas issued new protocols Wednesday for filing sealed documents that will prohibit electronic access effective immediately, a move that comes amid escalating cyberattacks on the federal judiciary's case management system.
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September 25, 2025
Ex-FBI Head Comey Indicted Days After Va. US Atty Replaced
A federal grand jury in the Eastern District of Virginia on Thursday indicted former FBI Director James B. Comey on making a false statement and obstruction of Congress charges, just days after Donald Trump's former personal attorney took over as interim U.S. attorney in the district.
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September 25, 2025
Justice Thomas Says High Court Precedent Isn't 'Gospel'
U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.
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September 25, 2025
Girardi's Son-In-Law Urges No Prison For Chicago Contempt
Tom Girardi's son-in-law has argued he should not receive prison time following his contempt plea over millions of dollars in settlement funds Girardi stole from several Lion Air crash clients, saying he fought for months to get the clients paid but recognizes he "could and should" have done more.
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September 25, 2025
Ex-Highland CEO Tells High Court Judge's Novels Show Bias
The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Opinion
Time For Full Disclosure Of Third-Party Funding In MDLs
It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.