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Legal Ethics
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August 18, 2025
Ex-NY AG Immune From Malicious Prosecution Suit
Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.
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August 18, 2025
Fla. Suit Over Atty Access To Detention Center Transferred
A Florida federal judge on Monday transferred a proposed class action lawsuit accusing the government of restricting attorney access to an Everglades immigrant detention center, ruling that the current district isn't proper for the claims against state officials.
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August 18, 2025
Patent Licensing Co. Drops Starbucks Infringement Suit
A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.
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August 18, 2025
NJ Law Firm Not Covered In Malpractice Suit, Court Says
An insurer has no duty to defend or indemnify a Princeton law firm against a malpractice suit alleging that one of its attorneys assisted a client in misappropriating her husband's assets, a New Jersey federal court ruled Monday, finding that a prior knowledge exclusion bars coverage.
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August 18, 2025
Ex-GC Ordered To Destroy Files In Trade Secret Dispute
Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.
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August 18, 2025
Biz Court Shoots Down Arb. Bid In Widow's Asset Fight
A widow contending that she can't be forced into arbitration over who owns assets of her late husband's business venture was granted a pretrial win after a North Carolina business court judge found "no competent evidence" for an agreement that would force her to do so.
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August 18, 2025
Ga. Gov. Hopeful Asks Judge To Spurn AG's Fundraising Suit
Georgia Lt. Gov. Burt Jones hit back Monday at Attorney General Chris Carr's suit alleging state fundraising laws have given Jones an edge in their upcoming contest for the state governorship, accusing his Republican primary rival of flip-flopping on a law that Carr himself has defended in court on numerous occasions.
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August 18, 2025
Moore & Van Allen Wants Out Of Floridians' Malpractice Suit
Moore & Van Allen PLLC has asked a Florida federal judge to dismiss a malpractice suit accusing it of mishandling some residents' employee stock ownership trust, claiming that the suit brought against the North Carolina-based firm is being litigated in the wrong venue.
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August 18, 2025
LabMD Fights Dinsmore's Bid To Toss Malpractice Suit
Now-shuttered LabMD Inc. and its CEO are pushing back against a bid from Dinsmore & Shohl LLP and a legal nonprofit to have a malpractice suit in Georgia federal court tossed, saying they haven't abandoned the case but rather were delayed in pursuing arbitration because they were searching for "competent counsel."
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August 18, 2025
Stone Hilton Takes Aim At Sex Harassment Claim
For the second time this month, Stone Hilton PLLC has asked a federal court to trim a former employee's lawsuit, saying her allegations of sexual harassment and intentional infliction of emotional distress do not rise to the level of "severe or pervasive" or "extreme and outrageous" as the law requires.
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August 18, 2025
Ex-Conrail CEO Loses Bid To Overturn $11M Arbitration Award
A Pennsylvania federal judge has upheld an $11 million arbitration award against former Conrail CEO David LeVan over a failed Gettysburg casino project that later spurred a legal malpractice case against Saul Ewing LLP in which LeVan claimed he was poorly advised during the deal's fallout.
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August 18, 2025
Whiteford Taylor Must Face Wire Fraud Malpractice Suit
A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.
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August 18, 2025
Burr & Forman Must Face Claims From Healthcare Scheme
A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.
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August 18, 2025
Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit
A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."
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August 18, 2025
NJ Firms End Battle Over $25M Fee In Verizon Pole Injury Case
Several New Jersey firms have ended a long dispute over a $25 million fee from a personal injury case against Verizon in a suit that already went to trial in 2021 and recently had another trial ordered.
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August 18, 2025
NJ Seeks To Toss Ex-Judge's 'Second Bite' In Firing Suit
New Jersey on Friday asked a state court to award it a victory over some claims by a former workers' compensation judge that she was unconstitutionally removed from her job after similar claims in a separate suit of hers were rejected in December.
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August 18, 2025
McCarter & English Fights Family's Bid For $4.6M Set-Aside
Family members of a deceased Connecticut shopping mall developer are not entitled to a $4.6 million damages placeholder in an asset mismanagement lawsuit against McCarter & English LLP, the law firm and an attorney's estate are arguing in opposing the demand in state court.
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August 18, 2025
Mass. Justices Affirm 3-Year Suspension For Bankruptcy Atty
Massachusetts' highest court on Monday affirmed a three-year license suspension for a Boston bankruptcy attorney over a series of rules violations, including misrepresentations to federal and state courts, since 2014.
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August 15, 2025
US Trustee Blasts Deals Over Jackson Walker-Judge Romance
The U.S. trustee for the Southern District of Texas on Friday objected to Jackson Walker LLP's proposed settlements with former bankruptcy clients meant to resolve fee disputes related to the concealed romance of a former lawyer with the firm and a former bankruptcy judge, arguing they should be denied or considered at trial.
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August 15, 2025
Justices Told Texas Cedes Ground In Right-To-Counsel Case
A man who was denied the opportunity to consult fully with his lawyer during an overnight break in his testimony said, ahead of U.S. Supreme Court arguments, that one opponent, the state of Texas, has already ceded serious legal ground in its briefing.
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August 15, 2025
Judiciary Starts Rule Debate Spanning AI, Subpoenas, More
The federal judiciary's comment clock officially started ticking Friday for rulemaking efforts spanning a smorgasbord of subjects, from high-tech testimony utilizing artificial intelligence to the low-tech tasks of hand-delivering subpoenas and paying witness fees.
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August 15, 2025
6th Circ. Backs Baker Donelson In Malpractice Dispute
A Sixth Circuit panel said Friday that Baker Donelson was correctly dismissed from a legal malpractice suit brought by the founder of an urgent care facility because it cannot be established that the underlying shareholder dispute claims that the firm was accused of fumbling would have been successful.
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August 15, 2025
NJ Watchdog Fights File Disclosure In Hospital Antitrust Suit
The New Jersey State Commission of Investigation on Thursday challenged a federal judge's refusal to protect investigative materials that RWJBarnabas Health Inc. wants to subpoena as it defends an antitrust suit by CarePoint Health Systems Inc., arguing the ruling violates precedent giving such records the same secrecy protections as grand jury materials.
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Texas Federal Judge Says He's 'Exhausted' By Atty's Antics
A Texas federal judge told an attorney he was "exhausted" by his alleged antics in helping supposedly erstwhile clients dodge judgments, asking Friday why the attorney seemingly worked two clients after a disciplinary panel barred him from representing them.
Expert Analysis
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.