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Legal Ethics
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June 05, 2025
Bernstein Litowitz Can Hire Ex-SEC Atty Over Musk Objection
A New York federal judge on Thursday gave the all-clear for investor-side firm Bernstein Litowitz Berger & Grossmann LLP to hire the U.S. Securities and Exchange Commission's former litigation chief over the objections of Elon Musk.
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June 04, 2025
Apple Loses Bid To Pause App Store Order Amid Appeal
A Ninth Circuit panel Wednesday refused to lift a lower court's injunction mandating certain App Store policy changes while Apple appeals it, saying that it wasn't "persuaded that a stay is appropriate" in the high-profile litigation brought by Epic Games.
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June 04, 2025
Skadden Foundation Chief Exits, Urging Pro Bono 'Courage'
The executive director of Skadden Arps Slate Meagher & Flom LLP's Fellowship Foundation, which funds public interest legal work, announced her resignation Wednesday, two months after the firm struck a deal with President Donald Trump to avert an executive order that could have interfered with its business.
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June 04, 2025
High Court Told 'Categorical' Right To Counsel Must Persist
A criminal defendant's right to consult with counsel during an overnight trial recess is "clear and categorical," a man who didn't receive that right has told the U.S. Supreme Court in preparation for his Sixth Amendment case to be heard before the justices.
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June 04, 2025
Fed. Circ. Pushes Back As Ramey Fights Fee Award To Google
A Federal Circuit panel on Wednesday questioned Ramey LLP managing partner William Ramey's challenge to one of several sanctions that have recently been imposed on his firm in patent cases, with some judges suggesting that the order in question in a case against Google LLC appeared warranted.
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June 04, 2025
NC Biz Court Bulletin: TikTok Tussle And Merger Melee
Spring has sprung momentous decisions and quiet resolutions in some of the North Carolina Business Court's top cases, from clearing for trial the attorney general's suit over a hospital's post-merger standard of care to Cadwalader Wickersham & Taft LLP dropping its coverage dispute over a 2022 data breach.
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June 04, 2025
FIFA Slams Atty's Bid To 'Circumvent' DQ In Puerto Rico Case
A Puerto Rican attorney may not sidestep a disqualification order by dropping his personal claims from an antitrust case against FIFA in which he is both counsel and plaintiff, the organization told a federal judge Wednesday, arguing the lawyer is a "necessary fact witness" and therefore a conflict is unavoidable.
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June 04, 2025
Ill. Atty Faces 1 Year Suspension, Left Watchdog 'Baffled'
An Illinois attorney who was sanctioned $1 million alongside his client for frivolously litigating a condominium governance fight and later helped that client engage in knowingly improper bankruptcy conduct should be suspended for a year and complete a professionalism seminar, a state disciplinary watchdog says.
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June 04, 2025
FTC Fights Attys Who Want State Bar Input On Ethics Worries
The Federal Trade Commission doesn't want staff attorneys to be able to seek state bar association guidance if they dispute the legality of an instruction, arguing in a fight with the FTC's union that seeking such guidance would gum up the gears of commission work.
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June 04, 2025
Last Defendant In 'Shell Factory' Scheme Gets 1½ Yrs
A Florida federal judge Wednesday sentenced the final defendant rounded up in the "Shell Factory Fraud" to 18 months in prison for his role in creating fake shell companies as part of a pump-and-dump scheme.
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June 04, 2025
Pa. Firm Defends Informal Biz Arrangement In Coverage Bid
A Philadelphia law firm and its insurer sparred Wednesday in Pennsylvania court over whether the firm needed to be an incorporated business entity to have standing for a coverage lawsuit, with the firm's attorney saying that the insurer never questioned the informal business arrangement that consisted of two seasoned lawyers sharing office space and a secretary.
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June 04, 2025
Ex-Ga. Strip Club Workers Slam Bid To DQ Attys In Wage Suit
Lawyers for a pair of former Atlanta strip club workers called on a federal judge Wednesday to reject an "extremely untimely" bid to disqualify them by the clubs' owners, arguing the owners don't bother to substantiate their claims that the plaintiffs can't be represented by the same counsel because one was the other's supervisor.
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June 04, 2025
SEC Says Accountant Errors Don't Doom Crowdfunding Case
The U.S. Securities and Exchange Commission told a Michigan federal judge Wednesday that mistakes in one of its accountant's declarations do not warrant the dismissal of its first crowdfunding enforcement action, arguing the SEC's lawyers acted in good faith when they alerted the court to the errors.
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June 04, 2025
NJ Judge Suspended Over Pro-Police 'Likes' On Facebook
A New Jersey municipal court judge was hit with a two-month suspension without pay beginning Wednesday after an advisory committee took issue with his Facebook activity indicating support for pro-police movements, political candidates, individual lawyers and law firms.
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June 04, 2025
Judge Won't Block Amazon From Talking To Depo Witnesses
A federal judge on Tuesday rejected the Federal Trade Commission's bid, in its antitrust case against Amazon, seeking to block lawyers representing the e-commerce giant from conferring with witnesses during breaks in their depositions.
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June 04, 2025
NJ Mayor Expands False Arrest Suit Against US Atty
Mayor Ras Baraka of Newark, New Jersey, on Wednesday added a false light count to his defamation and malicious prosecution complaint against interim U.S. Attorney Alina Habba over his May 9 arrest outside an immigration detention center.
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June 04, 2025
Conn. Attorney Failed To Split $165K Fee, Watchdog Says
Connecticut attorney J. Xavier Pryor breached four rules of professional conduct when he failed to split a $165,000 fee from a personal injury settlement with the lawyer who referred the case to him, the state's attorney ethics watchdog said in a disciplinary complaint.
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June 04, 2025
MoFo Can't Escape Perkins Coie's 'Taint' In IP Suit, Court Told
Biometric security company FaceTec told a California federal judge that Morrison & Foerster LLP should be barred from representing identity verification platform Jumio in a patent suit, arguing that its participation is "tainted" by the actions of disqualified co-counsel Perkins Coie LLP.
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June 04, 2025
Orlando Says $1 Typo Cost It Win In Workers' Unpaid OT Suit
A $1 typo should not doom Orlando's bid for a pretrial win in a suit by district fire chiefs alleging they were wrongly denied overtime, the city told a Florida federal court, arguing the workers' salaries actually do fall under the overtime exemption.
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June 03, 2025
Ga. Judge Can't Escape Ethics Charges, Panel Told
Georgia's Judicial Qualifications Commission urged a hearing panel to reject a Fulton County judge's request to quash her ethics charges due to what she characterized as "improper failures to disclose information and recuse" by two JQC members.
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June 03, 2025
Foes Urge Court To Assume Google Hid Evidence
Advertisers, publishers and other users of Google's online advertising placement technology come armed with receipts of the search giant's personnel apparently knowingly avoiding their discovery obligations, as the multidistrict litigation plaintiffs tee up a bid to sanction the company with a court presumption that deleted chats hide key evidence of monopolization.
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June 03, 2025
Valve Patent Troll Case Paused Over Legal Fee Dispute
A Washington federal judge paused video game company Valve Corp.'s lawsuit over alleged patent trolling on Tuesday to give the defendants time to find new legal counsel, as their current attorneys seek to exit the dispute, claiming unpaid legal bills.
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June 03, 2025
Consumers Defend Amending Apple, Amazon Antitrust Case
Consumers accusing Apple and Amazon of reaching a deal to restrict the sale of Apple devices on the e-commerce site told a Washington federal court there's no need to reconsider letting them amend the complaint despite the original lead plaintiff dropping out of the case.
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June 03, 2025
Judge Blocks Foreign Enforcement In $102M Award Fight
A New York federal judge has ordered the former owners of reorganized international shipping group Eletson Holdings Inc. to drop proceedings they initiated in Greece and the United Kingdom to enforce a $102 million arbitral award while he determines whether the award is fraudulent.
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June 03, 2025
Conn. Real Estate Execs Say Investors Weaponized Courts
Three executives for a real estate development firm have accused their former business partners in Connecticut Superior Court of weaponizing the courts to lodge "a multi-year, multi-forum legal assault" with "fabricated" claims.
Expert Analysis
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.