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Legal Ethics
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August 19, 2025
Pizza Chain Avoids Sanctions For Missing Payroll Docs
An operator of Michigan pizza restaurants will not face sanctions in a wage suit over payroll records a group of drivers claimed were missing because the company was not aware the documents were lost, a Michigan federal judge ruled on Tuesday.
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August 19, 2025
Ex-Judge Gets Law License Back After Bribery Suspension
A former Philadelphia Municipal Court judge can practice law in Pennsylvania again following a split state Supreme Court decision to reinstate his license that had been suspended after he admitted to accepting $90,000 to drop out of a congressional election.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
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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.
Expert Analysis
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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.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.