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Legal Ethics
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August 14, 2025
2nd Circ. Publicly Reprimands Ghosting NY Attorney
The Second Circuit has rebuked a New York attorney who was removed from a case for disappearing on his client while appealing criminal migrant smuggling charges, and then failing to respond to a court order for years.
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August 14, 2025
2nd Circ. Affirms Sanctions In Abandoned Suit Against Dylan
In a precedential ruling, the Second Circuit upheld limited fee sanctions imposed by a Manhattan federal judge against attorneys found to have violated a discovery order and committed other wrongs, despite having been warned, in a now-abandoned sexual assault suit against Bob Dylan.
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August 13, 2025
Fla. Detention Center Still Blocks Atty Access, Groups Say
Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.
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August 13, 2025
Va. Judge Dismisses VLSI Suit Over PTAB Conduct
Patent Quality Assurance took home another win against semiconductor patent company VLSI Technology on Wednesday, as a Virginia state court dismissed the abuse of process and conspiracy claims VLSI brought against PQA after the latter got VLSI's microchip patent invalidated at the Patent Trial and Appeal Board.
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August 13, 2025
Ex-NJ Judge Seeks To Shield 'Inflammatory' Info In Firing Suit
A former New Jersey workers' compensation judge doubled down Wednesday on a bid to quash state subpoenas in her suit over her removal from the bench, seeking a protective order to limit discovery in her lawsuit against Gov. Phil Murphy and several top officials in the state's Department of Labor and Workforce Development.
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August 13, 2025
NJ US Atty Defends Status, Says She Is 'Validly Serving'
Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."
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August 13, 2025
Texas Malpractice Case Over Atty's Nixed Conviction Revived
A Texas state appellate court on Wednesday revived a malpractice case filed by a now-deceased attorney whose forgery conviction was vacated, saying the trial court must determine whether she was actually innocent before deciding whether her malpractice claim against her criminal defense lawyer can proceed.
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August 13, 2025
Kelley Drye Hit With Class Action Over Client Data Leak
Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.
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August 13, 2025
2nd Circ. Says Allowing Biased Jury Strikes Can Be Strategic
A unanimous Second Circuit panel found Wednesday that a Black man sentenced to 14 years in prison for attempted murder and other crimes cannot win release by arguing his lawyer failed to adequately object to the dismissal of Black potential jurors, saying the attorney may have been acting "strategically."
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August 13, 2025
Former Probate Judge Gives Up Conn. Law License After DUIs
A onetime Connecticut probate judge convicted of multiple counts of driving while intoxicated has agreed to permanently hand over his license to practice law in the state.
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August 12, 2025
Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row
A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.
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August 12, 2025
Mich. Judge Says Racism Pervades Ethics Probe Into Bike Row
A Michigan state judge facing allegations she escalated an interaction with a bike shop owner at a judicial conference and lied about the exchange urged a special master overseeing her case to dismiss the claims, while disciplinary counsel said the judge must be held accountable for her "abuse of authority."
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August 12, 2025
Ex-Mich. Cop Wins $58M In Malicious Prosecution Suit
A Michigan federal jury Tuesday awarded over $58 million to a former police officer who filed a malicious prosecution suit against a state trooper and since-disbarred assistant attorney general for pursuing charges based on discredited allegations he sexually assaulted his daughter, which were later dropped by the state attorney general.
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August 12, 2025
Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi
Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.
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August 12, 2025
Ex-Paralegal Sues Rueb Stoller For Race Bias
A Georgia law firm was sued in federal court by a Black former civil litigation paralegal who alleged she faced a "pattern of marginalization" due to her race before eventually resigning after a co-worker "hurled" a racial slur at her.
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August 12, 2025
NJ Judge Denies Thwarting Ethics Probe Into DWI Arrest
A New Jersey municipal judge admitted that he was charged with driving while intoxicated in a 2024 incident but denied that he was dishonest and uncooperative during a disciplinary investigation, according to a response to the complaint made public Tuesday.
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August 12, 2025
Deal Unveiled In Schnader Harrison ERISA Case After Delays
Schnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court.
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August 12, 2025
Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary
The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."
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August 12, 2025
Atty Apologizes For Citation Error In IP Dispute
A New York attorney who became one of many accused of using generative artificial intelligence for a brief after a federal judge found citations to nonexistent cases apologized Tuesday for a mistake in a more recent brief flagged for a false citation.
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August 12, 2025
Insurer Pushes 11th Circ. To Avoid Malpractice Coverage
An insurance company has told the Eleventh Circuit it should not have to foot the bill to defend its client against a federal malpractice suit in Atlanta, arguing its policy contains a carveout for claims involving "conversion, improper comingling, or misappropriation," and asking the appellate court to review an earlier dismissal de novo.
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August 12, 2025
Philly Lawyer Accuses Rival Firm Of Misusing 'We Win' TM
A Philadelphia-based personal injury lawyer claims a rival firm has been using his trademark protected phrase, "We Win or It's Free," to market its services without his authorization for more than four years, according to a recent federal court complaint.
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August 12, 2025
Pa. Guilty Plea Means Nothing To Malpractice Case, Atty Says
An ex-chief financial officer suing his former attorney for allegedly coercing him into a consent agreement that landed him with an over $12 million judgment has urged a Florida federal court to keep his malpractice case against the attorney on track.
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August 12, 2025
Morgan & Morgan Wins Bid To Arbitrate Malpractice Claims
A Georgia federal judge has granted Morgan & Morgan's request to send a former client's malpractice claims into arbitration, ruling that an arbitration agreement between the parties is enforceable.
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August 11, 2025
5th Circ. Backs Mexican Banks' Subpoena For Fraud Case
The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.
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August 11, 2025
'Flipping NJ' Developer Fights Charges, Citing Habba's Role
A New Jersey real estate developer and influencer, who is accused of running a Ponzi-like investment fraud scheme and laundering drug money, on Monday became the latest defendant to seek dismissal of his indictment over what he says was the illegal appointment of Alina Habba as acting U.S. attorney for the Garden State.
Expert Analysis
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Series
Round-Canopy Parachuting Makes Me A Better Lawyer
Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.
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Why Now Is The Time For Law Firms To Hire Lateral Partners
Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Opinion
More Guidance Needed On Appellate Amicus Recusals
Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.
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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.