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Legal Ethics
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August 14, 2025
Fla. Juror Misconduct Claim Stymied By 'Lack Of Diligence'
A new trial ordered in an auto collision case was wrongly granted based on juror misconduct, a Florida appeals court has ruled, saying a juror's involvement in injury litigation was disclosed on his questionnaire but wasn't explored in court due to a "lack of diligence" by defense counsel.
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August 14, 2025
Fla. Bar Fights Demand For Bondi Ethics Probe
The Florida Bar has again pushed back on a request to investigate U.S. Attorney Pam Bondi for alleged unethical conduct, telling the Supreme Court of Florida that a group of complainants can't bulldoze past its policy of not investigating sitting government officials.
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August 14, 2025
Bipartisan Lawmaker Groups Lambaste Habba's Reappointment
A bipartisan group of current and former members of Congress on Wednesday criticized the Trump administration's appointment of acting New Jersey U.S. Attorney Alina Habba, saying doing it without congressional approval is unconstitutional.
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August 14, 2025
4th Circ. Won't DQ Judge From Church Mass Shooting Case
Hearsay evidence and conclusory allegations of impartiality are not enough to cause the Fourth Circuit to remove the federal judge presiding over white supremacist mass shooter Dylann Roof's criminal case in South Carolina, a panel of out-of-circuit judges determined in a nonprecedential ruling.
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August 14, 2025
Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed
A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.
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August 14, 2025
Feds Urge Court Not To Toss Rep. Cuellar's Bribery Case
Allowing U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges under the Constitution's speech and debate clause would "eviscerate" several precedents set under the provision, prosecutors told a federal judge on Thursday.
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August 14, 2025
Biz Rips Law Firm Over Arbitration Push After Filing Suit
A former client of Herman Jones LLP urged a Georgia state appeals court to overturn a trial judge's decision to send a lawsuit over legal fees to arbitration, arguing that if the law firm wanted to stay out of court, it should have filed an arbitration demand, not a lawsuit.
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August 14, 2025
NC Lawmaker's Judicial Campaign Returns Lobbyists' Money
A Republican state lawmaker in North Carolina has returned lobbyists' donations to her judicial campaign after the contributions came under scrutiny for potentially violating state campaign finance laws, her campaign adviser confirmed Thursday to Law360.
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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.Â
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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.
Expert Analysis
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Why States Should Adopt ABA's 'Duty To Inquire'
State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.