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Legal Ethics
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August 19, 2025
Family Alleging Firm's Girardi Conflict Denied Partial Win
A Los Angeles judge Tuesday denied a family's motion seeking judgment on declaratory relief claims in a $1.8 million malpractice lawsuit against a firm that represented it in recovering millions lost in Girardi Keese's embezzlement scandal, saying disputed facts remain in the "unusual" case.
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August 19, 2025
Bad Citations Aren't Always Sanctionable, Wash. Atty Argues
An attorney in Washington state vowed on Tuesday to appeal harsh sanctions an Arizona federal judge meted out Thursday over fake and misleading citations she included in an opening brief, releasing a statement arguing that the court's order "treats the mere existence of AI-hallucinated citations as an automatic violation" but "that is not what Rule 11 requires."
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August 19, 2025
Insurers Avoid Coverage For Alleged $8.5M Judgment Scheme
Two insurers owed no coverage to companies facing abuse of process claims, a Minnesota federal court ruled in two separate cases decided on the same issues, finding that commercial general liability policies' coverage for malicious prosecution did not apply.
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August 19, 2025
NY US Atty Hit With Complaint For Alleged Media Retaliation
A collection of nonprofit organizations that support press freedoms has called for an ethics investigation of acting U.S. Attorney John A. Sarcone III of the Northern District of New York, saying he may have "unconstitutionally retaliated" against a newspaper that reported on him.
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August 19, 2025
Ex-Girardi Keese Atty Pleads Not Guilty To Chicago Charges
Former Girardi Keese attorney Keith Griffin pled not guilty Tuesday to a Chicago indictment accusing him of helping Tom Girardi violate court orders to disburse settlement funds to certain plane crash clients and concealing the theft of those funds.
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August 19, 2025
Wisconsin Mall, Tenant Drop All Claims In Rent Dispute
A mall and its tenant told a Georgia federal judge that they have jointly dismissed their claims over an unpaid rent dispute, ending their motions including the mall's bid to have Bradley Arant Boult Cummings LLP disqualified from representing the tenant due to an alleged conflict of interest.
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August 19, 2025
Pizza Chain Avoids Sanctions For Missing Payroll Docs
An operator of Michigan pizza restaurants will not face sanctions in a wage suit over payroll records a group of drivers claimed were missing because the company was not aware the documents were lost, a Michigan federal judge ruled on Tuesday.
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August 19, 2025
Ex-Judge Gets Law License Back After Bribery Suspension
A former Philadelphia Municipal Court judge can practice law in Pennsylvania again following a split state Supreme Court decision to reinstate his license that had been suspended after he admitted to accepting $90,000 to drop out of a congressional election.
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August 19, 2025
Trump's 'Abnormal' Use Of FCA Could Get Tricky In Court
The Trump administration is wielding the False Claims Act in unusually narrow ways to drive policies on social and cultural issues — including gender-affirming care and diversity, equity and inclusion programs — but the government's potential theories of liability under the federal law remain largely untested and might not hold up in court, experts say.
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August 18, 2025
NJ Feds Say Habba's US Atty Role Unusual, But Not Unlawful
Acting U.S. Attorney Alina Habba on Monday doubled down on her argument that President Donald Trump legally appointed her New Jersey's top federal prosecutor, telling a federal judge that this is simply "an unusual situation" created when the district court last month refused to extend her interim tenure.
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August 18, 2025
Ex-NY AG Immune From Malicious Prosecution Suit
Former New York Attorney General Eric Schneiderman has immunity from a suit by a former New York City Council member claiming wrongful prosecution, a federal judge has ruled.
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August 18, 2025
Fla. Suit Over Atty Access To Detention Center Transferred
A Florida federal judge on Monday transferred a proposed class action lawsuit accusing the government of restricting attorney access to an Everglades immigrant detention center, ruling that the current district isn't proper for the claims against state officials.
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August 18, 2025
Patent Licensing Co. Drops Starbucks Infringement Suit
A patent licensing company has agreed to drop its suit alleging Starbucks infringed a patent covering a mobile ordering system, although defamation claims against one of the coffee chain's attorneys remains at play in another case.
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August 18, 2025
NJ Law Firm Not Covered In Malpractice Suit, Court Says
An insurer has no duty to defend or indemnify a Princeton law firm against a malpractice suit alleging that one of its attorneys assisted a client in misappropriating her husband's assets, a New Jersey federal court ruled Monday, finding that a prior knowledge exclusion bars coverage.
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August 18, 2025
Ex-GC Ordered To Destroy Files In Trade Secret Dispute
Storehouse In A Box secured a permanent injunction against its former general counsel and chief operating officer, barring him from using or accessing confidential information the e-commerce company alleges he misappropriated after being put on leave, according to a Monday order.
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August 18, 2025
Biz Court Shoots Down Arb. Bid In Widow's Asset Fight
A widow contending that she can't be forced into arbitration over who owns assets of her late husband's business venture was granted a pretrial win after a North Carolina business court judge found "no competent evidence" for an agreement that would force her to do so.
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August 18, 2025
Ga. Gov. Hopeful Asks Judge To Spurn AG's Fundraising Suit
Georgia Lt. Gov. Burt Jones hit back Monday at Attorney General Chris Carr's suit alleging state fundraising laws have given Jones an edge in their upcoming contest for the state governorship, accusing his Republican primary rival of flip-flopping on a law that Carr himself has defended in court on numerous occasions.
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August 18, 2025
Moore & Van Allen Wants Out Of Floridians' Malpractice Suit
Moore & Van Allen PLLC has asked a Florida federal judge to dismiss a malpractice suit accusing it of mishandling some residents' employee stock ownership trust, claiming that the suit brought against the North Carolina-based firm is being litigated in the wrong venue.
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August 18, 2025
LabMD Fights Dinsmore's Bid To Toss Malpractice Suit
Now-shuttered LabMD Inc. and its CEO are pushing back against a bid from Dinsmore & Shohl LLP and a legal nonprofit to have a malpractice suit in Georgia federal court tossed, saying they haven't abandoned the case but rather were delayed in pursuing arbitration because they were searching for "competent counsel."
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August 18, 2025
Stone Hilton Takes Aim At Sex Harassment Claim
For the second time this month, Stone Hilton PLLC has asked a federal court to trim a former employee's lawsuit, saying her allegations of sexual harassment and intentional infliction of emotional distress do not rise to the level of "severe or pervasive" or "extreme and outrageous" as the law requires.
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August 18, 2025
Ex-Conrail CEO Loses Bid To Overturn $11M Arbitration Award
A Pennsylvania federal judge has upheld an $11 million arbitration award against former Conrail CEO David LeVan over a failed Gettysburg casino project that later spurred a legal malpractice case against Saul Ewing LLP in which LeVan claimed he was poorly advised during the deal's fallout.
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August 18, 2025
Whiteford Taylor Must Face Wire Fraud Malpractice Suit
A Maryland federal judge has declined to toss the majority of a malpractice and gross negligence suit brought by the founder of a construction company who accused his former business partners and their shared counsel of being partially to blame for hackers stealing his $4 million share of proceeds from the sale of their business.
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August 18, 2025
Burr & Forman Must Face Claims From Healthcare Scheme
A Georgia federal judge has denied Burr & Forman LLP's bid to escape a lawsuit accusing the firm of being party to a massive healthcare fraud scheme, ruling that it must largely face malpractice and breach of fiduciary claims from a pair of bankruptcy trustees.
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August 18, 2025
Fried Frank Escapes Sanctions Over Flawed RICO Patent Suit
A Florida federal court has rejected sanctions motions leveled against Tristar Products Inc. and its counsel at Fried Frank for bringing a doomed anti-racketeering patent fraud lawsuit against Telebrands Corp., finding that the claims were not frivolous despite "myriad" flaws and "sloppy lawyering."
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August 18, 2025
NJ Firms End Battle Over $25M Fee In Verizon Pole Injury Case
Several New Jersey firms have ended a long dispute over a $25 million fee from a personal injury case against Verizon in a suit that already went to trial in 2021 and recently had another trial ordered.
Expert Analysis
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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.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.Â
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.