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Legal Ethics
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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.
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August 15, 2025
6th Circ. Backs Baker Donelson In Malpractice Dispute
A Sixth Circuit panel said Friday that Baker Donelson was correctly dismissed from a legal malpractice suit brought by the founder of an urgent care facility because it cannot be established that the underlying shareholder dispute claims that the firm was accused of fumbling would have been successful.
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August 15, 2025
NJ Watchdog Fights File Disclosure In Hospital Antitrust Suit
The New Jersey State Commission of Investigation on Thursday challenged a federal judge's refusal to protect investigative materials that RWJBarnabas Health Inc. wants to subpoena as it defends an antitrust suit by CarePoint Health Systems Inc., arguing the ruling violates precedent giving such records the same secrecy protections as grand jury materials.
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August 15, 2025
Defense Attys Predict Rise In Shareholder Suits, Report Says
Nearly three-quarters of defense attorneys surveyed by high-risk insurance firm Inigo believe there will be an increase in private securities litigation over the next year, especially in the area of artificial intelligence, according to a report released by Inigo.
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August 15, 2025
Texas Federal Judge Says He's 'Exhausted' By Atty's Antics
A Texas federal judge told an attorney he was "exhausted" by his alleged antics in helping supposedly erstwhile clients dodge judgments, asking Friday why the attorney seemingly worked two clients after a disciplinary panel barred him from representing them.
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August 15, 2025
4th Circ. Revives Asylum-Seeker's Suit Over Her Atty's Error
The Fourth Circuit has revived a Salvadoran woman's bid for asylum based on threats from a gang, saying in a published opinion that the woman's previous attorney proposed a legal theory during her removal proceedings that was "dead on arrival."
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August 15, 2025
Calif. Panel Trims Hunter Biden Atty's Suit Against Activist
A California appellate panel has further trimmed a suit by an attorney for Hunter Biden against an activist whom he alleges impersonated a Democratic Party fundraiser to obtain personal information about the then-president's son, allowing three of five claims to survive and sending the case back to Los Angeles Superior Court.
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August 15, 2025
Perkins Coie Beats Claims It Aided Client's Alleged $12M Theft
Perkins Coie LLP has defeated an investment company's lawsuit in Illinois state court accusing the firm of helping the plaintiff's onetime investment manager fleece $12 million from company accounts and playing a "critical" role in the theft and cover-up.
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August 15, 2025
2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge
A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.
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August 15, 2025
New Jersey AG Slams Power Broker's 'Flawed' Appeal Brief
South Jersey power broker George Norcross used a flawed argument in pushing back against New Jersey's effort to revive a dismissed criminal case against him, Attorney General Matthew Platkin has argued in a reply brief filed in state appellate court.
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August 15, 2025
Conn. Lawyer Defends $165K Fee Split Amid Ethics Probe
A Connecticut attorney has asked a state court judge to dismiss a disciplinary case against him over a soured fee split deal with his former law firm, saying ethics authorities failed to meet their burden on claims that he failed to safeguard funds or otherwise prejudiced justice.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Boies Schiller Seeks To End Fla. Fee Suit Between Law Firms
Boies Schiller Flexner LLP and related defendants have moved to dismiss a Florida state lawsuit brought by a pharmaceutical mass tort law firm and related parties to block their former counsel from collecting fees after being fired for allegedly insufficient representation.Â
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August 15, 2025
Judge Punts On ProPay Sanctions In TelexFree Suit
A Massachusetts magistrate judge sent a motion for sanctions against ProPay to a district judge for ruling, saying the payment company failed to take steps to preserve electronic documents but the plaintiffs hadn't proven its intent to destroy evidence in a case over its alleged involvement in TelexFree's "hybrid Ponzi-pyramid scheme."
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August 15, 2025
4th Circ. Sides With Judiciary In Ex-Defender's Sex Bias Suit
The Fourth Circuit shot down a former assistant public defender's effort to revive her sexual harassment suit against the federal judiciary, finding Friday that her belief that the judiciary's internal complaint process was unfair, leading her to quit, was not reasonable.
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August 15, 2025
Judge Removes Atty From Case Over 'Egregious' Citations
An Arizona federal judge has revoked a Washington state-based attorney's ability to practice in the Grand Canyon State and removed her as counsel in a social security disability lawsuit over a court filing containing fake and misleading case citations.
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August 15, 2025
Judge Questions How New Jersey US Atty Ascended To Role
A federal judge tasked with deciding if acting U.S. Attorney Alina Habba was legitimately serving as New Jersey's top federal prosecutor was curious about how she ascended to the role in the first place, suggesting at one point during a hearing Friday that the government proposed a game of "musical chairs"Â designed to "shoehorn" her into the position.
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August 15, 2025
Atty Urges Texas High Court To Take On Suit Over Firm Ouster
A former Branscomb PC partner is asking the Texas Supreme Court to reject a lower court's order compelling him to arbitrate a suit he brought against the firm's other partners accusing them of wrongfully ousting him.
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August 14, 2025
9th Circ. Restores Boeing's $72M Loss In Electric Jet IP Suit
A Ninth Circuit panel reinstated a $72 million jury verdict against Boeing in an electric jet startup's trade secret case on Thursday and said a new judge should handle future proceedings, flagging the trial judge's late disclosure that his spouse acquired Boeing stock through an IRA during the litigation.
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August 14, 2025
Fla. Judge Warns Of Split Claims In Detention Center Suit
A Florida federal judge on Thursday warned parties in a proposed class action over attorney access for individuals confined at the Everglades immigrant detention center that some claims in the lawsuit appear to belong in a neighboring district, saying that he could issue a ruling reflecting this determination.Â
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August 14, 2025
Va. Woman Asks 4th Circ. For Resentence Over Atty Failures
A Virginia woman has told the Fourth Circuit Court of Appeals she should be resentenced because her attorney provided bad advice, resulting in her receiving a 30-year prison term for selling her boyfriend's property while he was incarcerated.
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August 14, 2025
Judge Says Patents In $50M Amgen Jury Loss Unenforceable
A Delaware federal judge on Thursday found that two Lindis Biotech immunotherapy patents at the heart of the German company's $50.3 million infringement verdict against Amgen are unenforceable.
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August 14, 2025
9th Circ. Affirms Damages In Litigation Support Services Dispute
The Ninth Circuit on Thursday affirmed a Nevada federal court's judgment awarding a litigation support services company a combined $350,000 in liquidated damages and attorney fees after finding a competitor breached their years-old settlement and violated its trademark, determining the district court had not selectively enforced the rules.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.