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Legal Ethics
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September 03, 2025
Atty's 'Highly Prejudicial Falsehood' Sparks Med Mal Retrial
A Pennsylvania appellate panel has overturned a patient's trial win in a medical malpractice suit over a foot amputation, saying plaintiff's counsel's "highly prejudicial falsehood" to the jury during opening statements "tainted the trial at its inception" and warranted a new trial.
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September 03, 2025
Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot
A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
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September 03, 2025
Patent Company Fights Baker Botts Atty's Bid To Trim Suit
A patent licensing company and its owner asked a Florida federal judge to reject a bid from a Baker Botts LLP attorney seeking to trim their defamation case, saying the motion was premature as discovery had not been completed.
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September 03, 2025
Morgan & Morgan Says Arbitration Right Call For Class Action
Morgan & Morgan PA urged a Georgia federal judge to reject a former client's bid to undo a ruling sending his proposed malpractice class action to arbitration, arguing his motion for reconsideration misrepresents the terms of his contract with the firm.
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September 03, 2025
NC Panel Revives Biotech Co.'s Legal Malpractice Case
A divided North Carolina appellate panel on Wednesday partially revived a biotech company's case accusing its former counsel of botching its defense in a $26 million defamation suit, finding the refiled complaint is not barred by the state's four-year statute of repose on legal malpractice claims.
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September 03, 2025
Lack Of Notice Bars Miami Real Estate Fraud Suit, Court Told
The city of Miami told a Florida appellate panel Wednesday that a resident's lawsuit alleging a real estate fraud conspiracy by city officials should be dismissed as untimely, saying the complaint was brought more than two years past the deadline for a required pre-suit notice under the Sunshine State's sovereign immunity law.
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Fla. Justices Ban Referrals Over Judicial Election Conduct
The Florida Supreme Court has signed off on a rule change the state bar sought that prohibits ethics referrals from judges about their opponents' conduct with respect to judicial elections.
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September 03, 2025
Pick For Del.'s 3rd Circ. Seat Questioned On Ties To The State
Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit who is currently serving in the White House Counsel's Office, came under questioning from Democrats on Wednesday regarding her lack of connections to the state and her qualifications for the judgeship.
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September 03, 2025
Chatbot Or Not, Ind. Judge Urges Sanction For Bad Citation
An Indiana federal judge has recommended sanctioning an attorney representing a woman in an employment discrimination suit against a county court's juvenile detention center after the lawyer included faulty citations in a discovery brief, regardless of how the citations got there.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Lowenstein Sandler Fights To Keep Fee Battle With Firm Alive
Lowenstein Sandler LLP urged a New Jersey state court to reject a bid seeking to trim its lawsuit against Trif & Modugno LLC in a legal battle over allegedly unpaid legal services rendered to a cannabis dispensary, saying its claims against the firm are over dishonest business practices and not legal malpractice.
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September 02, 2025
Financial Firm Can't Pierce Atty-Client Privilege, Judge Rules
Wealth Enhancement Group LLC cannot override privilege laws to view communications between a former financial adviser's new employer and its lawyers at Spencer Fane LLP, according to a Connecticut judge who viewed the contested documents privately.
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September 02, 2025
Paramount Scores Some Docs In 'Top Gun' Copyright Suit
A Manhattan federal judge on Tuesday granted Paramount Pictures' request for certain documents held by Shaun Gray, a man suing the company claiming that he wrote some key scenes in "Top Gun: Maverick" without receiving any money or credit.
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September 02, 2025
Ga. Superior Court Clerk Suspended After Indictment
A Georgia superior court clerk has been suspended after her indictment on charges of destroying public records and violating her oath of office, according to an executive order signed by Gov. Brian Kemp.
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September 02, 2025
Girardi Co-Attys Can't Revive Elder Abuse, Fiduciary Claims
A California state appeals court has found that claims of financial elder abuse and aiding and abetting a breach of fiduciary duty brought by two of Tom Girardi's co-counsel against his son-in-law were correctly dismissed, as was an aiding and abetting claim against a company run by Girardi's estranged wife.
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September 02, 2025
Jury Misled On Tax Fraud Conspiracy Charge, 10th Circ. Rules
The Tenth Circuit overturned Tuesday a conviction against a man who did not report trust income on his personal tax returns, saying the New Mexico district court erred in presenting instructions on the conspiracy charges to both the jury and defendant's counsel.
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September 02, 2025
3M Beats Fired COVID-19 Vax Refuser's Religious Bias Suit
A Pennsylvania federal judge tossed a suit Tuesday from a Christian worker who claimed 3M fired her out of religious bias when she refused its COVID-19 vaccine mandate, ruling her termination was fair game because letting her remain unvaccinated would have made the company less competitive.
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September 02, 2025
Colo. Lawyer Suspended For Ignoring Court Orders
A Colorado family law attorney has received a 60-day suspension and two years' probation from state Presiding Disciplinary Judge Bryon M. Large after numerous claims of misconduct, including that she refused to respond to the court in a paralegal's lawsuit against her and her firm.
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September 02, 2025
Sysco Keeps Trial Win In Motorcycle Accident Injury Suit
A Massachusetts appeals panel on Tuesday refused to order a new trial in a man's suit against Sysco Corp. and one of its drivers over a motorcycle accident that resulted in the loss of his leg, leaving in place a jury verdict clearing Sysco and putting the liability on another driver.
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September 02, 2025
TMX Customers Get Final OK For $42M Data Breach Suit Deal
Customers of title loan and payday lender TMX Finance have gotten a final nod for their $42 million settlement of class action claims arising from a data breach affecting an estimated 4.8 million people, with class counsel receiving just under $6 million in fees and expenses.
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September 02, 2025
Fla. Judge Accused Of Misusing Role To Aid Friend's Case
A Florida judge is facing a public reprimand for intervening in a longtime friend's domestic violence case, working with the prosecutor to reach an agreement in violation of judicial ethics rules.
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August 29, 2025
11th Circ. Backs CNN Win In Dershowitz Defamation Suit
The Eleventh Circuit Friday upheld a Florida federal judge's ruling that freed CNN from Harvard Law School professor emeritus Alan Dershowitz's $300 million defamation suit, saying Dershowitz presented no evidence that the news network acted with actual malice when covering his defense of President Donald Trump's 2020 impeachment trial.
Expert Analysis
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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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.