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Legal Ethics
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June 09, 2025
FEMA Dodges Atty's Bias And Retaliation Suit, For Now
A California federal judge dismissed an attorney's lawsuit alleging two federal agencies fired her after she complained that a male colleague harassed her, saying the excessive length and repetitiveness of her claims makes an adequate response a "practical impossibility."Â
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June 09, 2025
Ga. Judge Argues Ethics Charges Are 'Irreparably Tainted'
An Atlanta trial judge urged a hearing panel to throw out the ethics charges leveled against her despite the Georgia Judicial Qualifications Commission's arguments that her motion to quash was untimely.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
NJ Bar Pushes To Keep Limit On Nonclient Malpractice Claims
The New Jersey State Bar Association is asking that state's Supreme Court not to expand plaintiffs' ability to sue attorneys for malpractice when they weren't those lawyers' clients, according to a Monday announcement.
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June 09, 2025
5th Amendment Can't Shield Ex-Exec, Drugmakers Argue
Generic-drug makers urged a Pennsylvania court to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.
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June 09, 2025
Fitch Even's Ex-IP Client Wants Firm's Patent Suit Tossed
Prenatal-Hope Inc. and its chief executive officer are asking an Illinois federal judge to dismiss a suit in which law firm Fitch Even Tabin & Flannery LLP seeks a declaration that the CEO isn't the inventor behind a prenatal test patent.
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June 09, 2025
Alibaba Wants Patent Suit Axed Over Atty's 'Extreme' Conduct
Cloud products and services company Alibaba Cloud US LLC has moved to dismiss a patent suit against it by Cooperative Entertainment Inc. as a sanction for "extreme" conduct by its attorney, which continued after he was referred to a disciplinary committee.
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June 09, 2025
Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida
Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.
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June 09, 2025
Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules
In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.
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June 09, 2025
Pa. Firm, Insurer End Suit Over Legal Malpractice Coverage
A Philadelphia law firm has dropped its bad faith lawsuit against an insurer stemming from a dispute over coverage for a legal malpractice case that ended in a $600,000 judgment against the estate of one of the attorneys, according to a recent filing.
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June 09, 2025
Feds Can Sell Russian Oligarch's Seized $230M Superyacht
A New York federal judge has determined the government can proceed with an auction of a superyacht that once belonged to a sanctioned Russian billionaire, rejecting an argument that a potential sale would undercut the vessel's full value.
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June 09, 2025
Fla. Bar Rejects Ethics Probe Of Bondi While She's In Office
The Florida Bar has told a group of lawyers, law professors and former judges that it will not open an ethics investigation into Pam Bondi's actions as attorney general, saying in a letter that it doesn't "investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office."
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June 09, 2025
Nadine Menendez Says Counsel Shake-Up Erases Conviction
Former Sen. Robert Menendez's wife, Nadine Menendez, has asked a Manhattan federal judge to vacate the jury's guilty verdict in her bribery case, arguing that her Sixth Amendment rights were violated when she was denied her choice of legal representation.
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June 06, 2025
Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea
A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.
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June 06, 2025
Stewart Says PTAB Should 'Never' Cancel IP As A Sanction
The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.
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June 06, 2025
Teachers Want $218K In Costs After Pay Bias Trial Win
Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.
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June 06, 2025
Ex-Wells Fargo Atty Wins Arbitration Bid In Trade Secrets Suit
A former senior in-house counsel for Wells Fargo Advisors won his bid to make the bank arbitrate claims he absconded with confidential information and coordinated a mass resignation of other staff when he left to work at a competing advisory firm.
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June 06, 2025
Flaws Remain In Bar Fitness Queries, Summit Panelists Say
Many current state bar character and fitness tests fail to identify bad actors, and at the same time, certain aspects of the queries can hurt efforts to increase diversity in the profession, according to panelists at the American Bar Association's 2025 Virtual Equity Summit on Friday.
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June 06, 2025
Calif. Bar Hires Investigator To Review Exam Snafu
The State Bar of California's board of trustees voted to approve a $185,000 contract with a nonprofit to review "exam scoring irregularities and testing accommodations" from its fraught February 2025 bar exam.
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June 06, 2025
NJ Firm Says It Has No Business Being Sued In Louisiana
New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.
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June 06, 2025
Texas Justices Say 'Reciprocal' Discipline Is Time-Limited
Texas' four-year time limit on attorney discipline applies to "reciprocal" discipline cases, in which a lawyer is sanctioned in Texas after being similarly sanctioned in another state, the Texas Supreme Court ruled Friday.
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June 06, 2025
Firm Fights Bid To Remand Florida Whistleblower Suit
Insurance litigation firm Matthiesen Wickert & Lehrer SC pushed back against a whistleblower's request to have her case remanded to state court, arguing that the amount sought in the case satisfies the $75,000 minimum to stay in federal court.
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June 06, 2025
Litigation Funder Can't Stop Attys' Texas Fee Fight Remand
A divided Texas First Court of Appeals won't disturb a split decision that revived a dispute between an attorney and a former attorney over a fee-sharing agreement in tobacco litigation, rejecting a litigation finance company's en banc request to keep its trial court victory and prevent the case from being remanded.
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June 06, 2025
Calif. Panel Remands Fee Claims Over Evidence Exclusion
A California trial court erred when it blocked any reference to underlying legal malpractice allegations in a trial for recovery of fees brought by a San Francisco lawyer against his former clients, according to a Golden State appeals panel, which found the malpractice claims, though "effectively abandoned," had not reached final judgment on the merits.
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June 06, 2025
Fox Rothschild Settles Suit Over $3M Real Estate Deal
Fox Rothschild LLP has settled a Colorado real estate investor's legal malpractice lawsuit over a $3 million development deal that went wrong, according to a new order filed in state court directing the parties to file for dismissal within a month.
Expert Analysis
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.