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Legal Ethics
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July 28, 2025
SEC Pushes $630K Penalty Against Atty In Stock Fraud Suit
The U.S. Securities and Exchange Commission renewed its motion Monday for a more than $630,000 civil penalty and final judgment against securities attorney Henry Sargent, after years of litigation in Massachusetts federal court alleging he orchestrated a sham merger, saying Sargent "has never recognized the wrongfulness of his conduct."
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July 28, 2025
Texas Judge 'Perplexed' By 5th Circ. Sanction Reversal
A Texas federal judge said he was "perplexed" by a Fifth Circuit panel's decision to reverse his sanction order against an attorney, saying in a Monday opinion that the attorney seemingly flouted the case governing litigation conduct by opposing a bid for an extension to reply.
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July 28, 2025
Mich. Justices Revive Ex-Prosecutor's Whistleblower Suit
The Michigan Supreme Court has reinstated a lawsuit brought by a former Saginaw County assistant prosecutor who says she was retaliated against for fighting an unlawful plea agreement, with the justices finding the county must face the suit because it is an employer under the Whistleblowers' Protection Act.
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July 28, 2025
Qui Tam Relator's Atty Admits Fake Citations In DC FCA Suit
An attorney representing the estate of a Washington, D.C.-based construction company's former director in a False Claims Act suit launched against the contractor has withdrawn from the suit due to "recent failure to provide adequate representation" after his co-counsel alleged that the attorney used AI to file a brief "riddled with citation errors."
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July 28, 2025
Firms Rip Ford's 'Retaliatory' RICO Suit Over Lemon Law Bills
Knight Law Group LLP and other firms urged a California federal judge Friday to toss The Ford Motor Co.'s allegations they conspired to dupe clients and defraud automakers by inflating billing, arguing that the racketeering claims are "retaliatory," insufficient and time-barred, and the firms are shielded under the Noerr-Pennington doctrine.
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July 28, 2025
Fed. Circ. Panel Calls For Extending Newman's Suspension
A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.
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July 28, 2025
Fla. Firm Must Pay $320K Sanction For Not Probing IP Claims
Peter Ticktin and Ticktin Law Group PA have been ordered by a Florida federal judge to pay roughly $321,000 in attorney fees as a sanction for "flagrant conduct" involving their failure to properly investigate patent infringement claims filed on behalf of a client related to smart glass technology.
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July 28, 2025
Remand 'Futile' In Atty Contempt Case, Mich. Justices Find
A Michigan attorney accused of making disrespectful comments "in direct view of" a judge has ducked a second criminal contempt trial, with a split state Supreme Court ruling that, as order had been restored, there was no pathway to continue to pursue the claim.
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July 28, 2025
Jackson Walker Settles Judge Romance Claims For $485K
Jackson Walker LLP has reached a $485,000 settlement with two former bankruptcy clients to resolve a dispute related to the concealed romance of a former partner and former Texas bankruptcy judge David R. Jones, according to a motion filed Friday.
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July 28, 2025
Firm Can't Escape Atty's Whistleblower Suit​ In Fla.
A Florida state judge has rejected Matthiesen Wickert & Lehrer SC's bid to dismiss a whistleblower case by the former leader of its Jacksonville office.
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July 28, 2025
J&J Loses Bid To Probe Beasley Allen Talc Litigation Funding
A special master found Monday there is no reason to believe third-party funders are influencing Beasley Allen Law Firm's decisions in a massive talc litigation in New Jersey, defeating a subpoena from Johnson & Johnson digging into alleged third-party litigation funding.
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July 28, 2025
State Justices' Financial Disclosures 'Didn't Get Worse' In '24
Several states are making information about their Supreme Court justices' finances and potential financial conflicts somewhat more accessible, according to a new report.
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July 28, 2025
Atty Loses Pro Hac Vice Status In NC For Habitual Practice
A North Carolina Business Court judge has yanked a Minnesota lawyer's temporary permission to appear in his court based on a prolific number of previous appearances, saying North Carolina bars attorneys from "practicing habitually" in its courts without a North Carolina license.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 28, 2025
Judge To Weigh If FTX Prosecutors Broke Plea Promise
A Manhattan federal judge said Monday he will investigate an allegation by crypto lobbyist Michelle Bond that she was charged with campaign finance crimes despite a promise that a guilty plea by her husband, former FTX executive Ryan Salame, would leave her in the clear.
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July 28, 2025
Biotech GC Says She Was Ousted Amid 'Systemic' Bias
A former general counsel at Massachusetts life sciences firm Repligen has filed a lawsuit in state court claiming that a pervasive culture of gender bias led to her and other women being treated differently and paid less.
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July 25, 2025
6th Circ. Upholds Rape Charge, Says Defense Was Reasonable
The Sixth Circuit has ordered a lower court to deny the habeas petition from a man who was convicted of raping a woman at a party, finding that, because his attorney was reasonable in defending the man, he cannot request that his sentence be tossed.
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July 25, 2025
Pullman & Comley Didn't Flag 'Falsified' $16M Loan, Suit Says
Pullman & Comley LLC didn't discover that the executive director of a Connecticut municipal housing authority had allegedly forged a connected company's $16.2 million loan application before penning a letter claiming the deal appeared solid, the lender, who was not a client, has alleged in a lawsuit.
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July 25, 2025
Law Firm Can't Reshape Retrial In $26M Malpractice Case
A Brooklyn federal judge refused to change the parameters of upcoming retrial proceedings that could put Wachtel Missry LLP on the hook for a much greater share of a $26 million verdict for a former partner's alleged financial exploitation of an elderly client.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
Utah Docs Say Billing Expert's Report Rife With AI Falsehoods
Utah anesthesiologists facing a False Claims Act suit are moving to bar the testimony of a medical billing expert they say used artificial intelligence to draft a report riddled with errors and fake citations, calling it an extraordinary example of AI gone wrong.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
Dentons Stalling Discovery In Terraform Ch. 11, Court Told
The bankruptcy plan administrator for failed cryptocurrency platform Terraform Labs has accused Dentons US LLP of blocking his discovery requests in an attempt to secure final approval of some $25 million in fees, saying the law firm is seeking to "run out the clock" to dodge an investigation into its role in Terraform's collapse.
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July 25, 2025
Courts 'Turning Up The Heat' On AI Fake Citation Sanctions
As the volume of sanctions orders resulting from attorneys' use of faulty citations blamed on artificial intelligence continues to rise, federal judges are beginning to pivot from financial sanctions to more creative means of disciplining lawyers, including targeting their professional reputations in ways that could really hurt.
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July 25, 2025
Florida Court Blasts NY Judge's 'Shell Game' To Revive Suit
A Florida federal judge rejected a New York federal judge's two-paragraph request to revive his defamation suit against former members of a condominium board in a feud over renovations, finding that the New York judge's move to submit the brief himself while having legal counsel makes it look as if the two are "playing a kind of shell game."Â
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.