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Legal Ethics

  • September 04, 2025

    Admonished For 'Entitlement,' Pillsbury Atty Ducks Sanction

    A Nevada federal judge opted against sanctions for Pillsbury Winthrop Shaw Pittman LLP partner Mark Krotoski, and instead issued a formal admonishment on the "entitlement" behind "misleading arguments and representations" about the reason an expert witness was unavailable during a wage-fixing and wire fraud trial.

  • September 04, 2025

    Atty Can't Duck TCPA Suit Over Camp Lejeune Calls

    A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.

  • September 04, 2025

    Employee Deposition Redo Ordered In Kimberly-Clark Bias Suit

    The attorney for a former Kimberly-Clark employee pursuing discrimination claims against the paper goods company must foot the bill for his client's makeup deposition after he repeatedly violated court rules in the first interview, an Alabama federal judge has ruled.

  • September 04, 2025

    No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit

    A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.

  • September 04, 2025

    OnlyFans' Parent Says AI-Tainted Briefs Are Unsalvageable

    The online platform OnlyFans' parent company said that a bid to correct legal briefs in a proposed class action against the company should be denied, arguing that the decision to use artificial intelligence to create mistake-riddled documents is severe misconduct and the briefs should be struck instead.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Group Running Makes Me A Better Lawyer

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    The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.

  • How White Collar Defense Attys Can Use Summary Witnesses

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    Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Top 10 Legal Malpractice Defenses As Claims Tick Up

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    As legal malpractice claims and payouts increase, law firms should remember certain time-tested defenses, such as asserting no duty to nonclients, omissions beyond the scope of engagement or lack of proximate cause, say attorneys at Goulston & Storrs.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • Immigration Atty Tips For Avoiding Prosecution Under Trump

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    Under the incoming Trump administration, immigration attorneys may need to protect themselves from prosecution when advising clients who may not qualify for relief sought by choosing their words carefully and keeping other key factors in mind, says Michele Carney at Carney & Marchi.

  • The Malpractice Perils Of Elder Abuse Liability

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    Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    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.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    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.

  • California Supreme Court's Year In Review

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    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.

  • What Lawyers Can Learn From High School AI Suit

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    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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