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Legal Ethics

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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."

  • 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.

  • 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.

  • 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" designed to "shoehorn" her into the position.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • August 14, 2025

    Colo. Healthcare Biz Blames Atty For Defamation Case Loss

    A Colorado healthcare solutions company accused of falsifying records to state medical officials in order to obtain millions in funding for COVID-19 vaccination centers said Thursday that its prior attorney is at fault for the dismissal of a defamation case against a local journalist who broke the story.

  • August 14, 2025

    NC Mortgage Lender Seeks Coverage For Fraud Claims

    A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.

Expert Analysis

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • Rank-And-File DOJ Attorneys Will Keep Calm And Carry On

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    Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Mitigating Defamation Liability Risks Of AI-Generated Content

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    Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Opinion

    Why States Should Adopt ABA's 'Duty To Inquire'

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    State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    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.

  • Trump Faces Uphill Battle If He Tries To Target Prosecutors

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    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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