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Legal Ethics
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Ex-CEO Again Pushes For Standing In Judge Romance Case
The former CEO of a defunct barge company has again urged a court to rule that he has standing to sue over a former bankruptcy judge's secret romance with an attorney, writing in a supplemental filing that "certain issues" had "not been fully briefed."
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July 18, 2025
7th Circ. OKs FBI Withholding Of Ex-Atty's Informant Records
The Federal Bureau of Investigation did not violate the Freedom of Information Act by providing only some of the documents former lawyer Joel Brodsky requested related to his work as a confidential informant on corruption and murder investigations, the Seventh Circuit found on Friday, ruling that the FBI had properly justified its rationale.
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July 18, 2025
Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case
A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.
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July 18, 2025
Ex-Judge Wants NJ Subpoenas Quashed In Suit Over Removal
A former workers' compensation judge suing New Jersey over her removal from that post says that the state committed "blatant harassment" by sending subpoenas to her former employers over wage information that it could have obtained in less intrusive ways.
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July 18, 2025
NYC Bar Pushes Random Audits To Curb Atty Fund Misuse
Due to an upward trend in attorney trust account violations across the state of New York, the New York City Bar Association's Professional Discipline Committee has asked the grievance committees in the First and Second Judicial Departments to develop a pilot random audit program for such accounts.
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July 18, 2025
Fla. Judge Suspended Over 'Unacceptable' Political Donations
A Florida state court judge found to have violated judicial canons by donating funds to the election campaigns of Kamala Harris and Joe Biden and improperly discussing her own reelection campaign has been hit with a 10-day suspension by the Sunshine State's high court.
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July 17, 2025
LA Ex-Judge Admonished For 'Discourteous,' 'Demeaning' Talk
California's Commission on Judicial Performance has publicly admonished a retired Los Angeles state judge for a pattern of "discourteous, undignified and impatient" behavior that also involved "demeaning" remarks toward women, findings that the judge said don't reflect "the full complexity of the circumstances."
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July 17, 2025
FedEx Must Face Drivers' OT Suit After Sanctions Bid Fails
A Massachusetts federal judge on Thursday denied FedEx's motion for sanctions seeking to dismiss one of several overtime lawsuits filed on behalf of drivers who worked for the shipping giant through intermediary employers, rejecting the company's assertion that the litigation seeks to "harass FedEx into settlement."
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
5 Things To Know As California Courts Decide On AI Rule
Fourteen months after California Supreme Court Chief Justice Patricia Guerrero first convened a task force to study potential benefits and risks of using artificial intelligence in the court system, the Judicial Council of California is poised Friday to consider the proposed rules and standards the task force developed.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
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July 17, 2025
Mich. Atty's Disbarment Reversed Over 'Unreasonable' Delays
A Michigan criminal defense attorney accused of taking client money without performing promised legal work has had his disbarment reduced to a four-year suspension after the state's disciplinary arm for attorney misconduct found that a years-long unexplained delay in filing charges against him was unreasonable.
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July 17, 2025
US Bank, NetSpeed Must Help In Conn. Atty's ID Theft Probe
A Connecticut state court judge has directed U.S. Bancorp and internet service provider NetSpeed to provide documentation to an attorney who is alleging his identity was stolen and used to open fraudulent bank accounts.
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July 17, 2025
Fla. Law Firm Zumpano Patricios Hit With Data Breach Suit
Miami-headquartered national law firm Zumpano Patricios is facing a proposed class action in Florida federal court accusing the firm of failing to protect sensitive information, including dates of birth and healthcare payments, that was compromised in a May data breach.
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July 17, 2025
US Trustee Says Constitution Bars Jackson Walker Jury Trial
The federal government's bankruptcy watchdog told a Texas federal judge that under the Seventh Amendment, Jackson Walker LLP isn't entitled to a jury trial in its fee dispute stemming from a former bankruptcy judge's secret relationship with a onetime partner.
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July 17, 2025
Paralegal Fights Saltz Mongeluzzi's Bid To Dismiss Bias Suit
Personal injury firm Saltz Mongeluzzi & Bendesky PC shouldn't escape an Afro-Latina former paralegal employee's lawsuit claiming she was forced to put up with colleagues' racist remarks and sexual advances, the worker told a Pennsylvania federal court Wednesday, arguing her allegations are detailed enough for the suit to advance.
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July 17, 2025
Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work
President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.
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July 16, 2025
Pittsburgh Defense Atty Suspended After Soliciting 'Teen' Decoy
A Pittsburgh criminal defense attorney agreed to have his law license suspended after he was convicted and sentenced to up to seven years in state prison for soliciting sex from what he thought was a 15-year-old girl, according to an order filed Wednesday with Pennsylvania's Supreme Court.
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July 16, 2025
Disbarred Atty Urges 9th Circ. To Nix $243M Loan Scam Order
A Ninth Circuit panel appeared skeptical Wednesday of a disbarred attorney's bid to unwind an order requiring the lawyer to pay $243 million for his role in a student loan scam, pressing back against his claim that he had no opportunity to depose two witnesses because he was in custody.
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July 16, 2025
Fired Davis Polk Associate Claims BigLaw Stifles Dissent
A former Davis Polk & Wardwell LLP associate who says he was fired last month after writing a series of columns critical of the Trump administration is speaking out about what he claims are BigLaw policies that stifle dissenting voices in the legal profession.
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July 16, 2025
Ga. Prosecutor Resigns Amid DUI Handling Feud With Judge
A Georgia prosecutor announced his resignation from a county solicitor's post Wednesday amid a public feud with a state court judge and dueling allegations of prosecutorial and judicial misconduct.
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July 16, 2025
Fish & Richardson Avoids DQ From GM Patent Fight
A Chicago federal judge has declined to disqualify intellectual property firm Fish & Richardson PC from representing General Motors Co. in a suit over patents for fender designs, rejecting arguments that the firm sought to target a paralegal who had previously handled the case for opposing counsel.
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July 16, 2025
Tech Co. Can't DQ MoFo In IP Suit After Perkins Coie Ouster
A California federal judge denied on Wednesday a motion by the biometric security company FaceTec to disqualify Morrison & Foerster LLP from representing a competitor in its ongoing patent infringement lawsuit.
Expert Analysis
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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.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.