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Legal Ethics
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Defamation Litigation Roundup: Newsom, Lively, MyPillow
In this month's defamation litigation roundup, Law360 looks back on a decision in the high-profile fight between Blake Lively and Justin Baldoni, as well as at a jury verdict in a voting machine company executive's case against MyPillow's CEO.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
NJ Atty Disciplined Over False Academic Credentials
A New Jersey attorney who allowed false claims about his education to circulate for years has been served with a letter of admonition by the New Jersey Supreme Court's Disciplinary Review Board, which found that his failure to correct the false information his employers posted online violated state attorney ethics rules.
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July 01, 2025
Axing Lit Funding Tax Bid Relieves Industry But Fears Remain
Litigation funders are breathing a sigh of relief after a provision to impose a 41% punitive tax on the $16 billion industry was stripped Tuesday from the massive federal spending bill, but many think the episode is just the prelude to further battles with corporate opponents.
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July 01, 2025
Texas Law Shield Must Face Revived Client Solicitation Suit
A Texas appeals court has revived an anti-barratry lawsuit accusing a legal organization that advises people hit with firearms-related actions of illegally and unethically marketing attorney services during a training session on active shooters in late 2022, finding that fact issues raised in the case had not been addressed.
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July 01, 2025
Legal Aid Attys Can't Sever Union Ties Over Its Mideast Views
A New York federal judge tossed two New York City public defenders' lawsuit against their union, saying the attorneys can't leverage the U.S. Supreme Court's Janus ruling to stop paying the union because they disagree with its stance on the Israeli-Palestinian conflict.
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July 01, 2025
South African Investors Say Ga. Atty Kept Escrowed Funds
Four companies whose members are South African real estate investors have accused a now-disbarred Georgia attorney and his law firm in Georgia federal court of refusing to return funds he agreed to receive, hold and disburse on their behalf.
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July 01, 2025
Senate Passes Budget Bill, Rebuking National Injunctions
The Senate voted 51-50 on Tuesday to pass the budget reconciliation bill, including various provisions that seek to greatly restrict the use of nationwide injunctions, which Republicans heavily criticized after district courts repeatedly stalled parts of President Donald Trump's agenda with the legal maneuver.
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June 30, 2025
Philly-Area Law Firm's Bookkeeper Jailed For Embezzlement
The former bookkeeper at a Bucks County, Pennsylvania, law firm has been sentenced to one to two years of incarceration for embezzling more than $820,000 from the firm, state prosecutors announced Friday.
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June 30, 2025
Catching Up With Delaware's Chancery Court
Delaware's Supreme Court was kept busy this past week with litigants' attempts to challenge its previous decisions, as well as those of Delaware's Court of Chancery, which included an argument that the state's high court incorrectly ruled in favor of energy company Boardwalk Pipeline Partners LP by rejecting the Chancery's decision upholding class claims branding the call-in of public shares unfair. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 30, 2025
Ex-Defender Tells 4th Circ. Bias Hearing Would've Been Futile
A former assistant public defender looking to revive her bias suit fought Monday to convince the Fourth Circuit that it would have been futile to wait for a final hearing on her sexual harassment claim through the judiciary's internal complaint process before quitting, citing in part her boss's alleged favoritism of the accused party.
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June 30, 2025
4 Mass. Rulings You May Have Missed In June
A now-shuttered Boston firm scored a win in a legal malpractice lawsuit by a youth soccer program, while a securities brokerage found that the old adage "if at first you don't succeed, try, try again" doesn't apply to litigation, among other recent noteworthy decisions in Massachusetts state court.
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June 30, 2025
Ga. Judge Can't Quash Ethics Charges, Watchdog Panel Says
A Georgia superior court judge has lost her bid to quash the charges brought against her by the state's judicial watchdog, with the state's Judicial Qualifications Commission saying investigators' financial backing of one of her political opponents does not justify tossing the charges.
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June 30, 2025
Trump Admin Appeals Perkins Coie Case To DC Circ.
The Trump administration announced in D.C. federal court on Monday that it's not giving up on its effort to punish Perkins Coie LLP through an executive order, even after losing four court rulings that found its actions in this and three similar cases are unconstitutional.
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June 30, 2025
Fla. Law Firm Accused Of Holding Deal Funds 'Hostage'
Florida personal injury firm Brotman Nusbaum Ibrahim PLLC has been hit with a state court malpractice suit claiming it held a client's settlement funds "hostage" and then duped his daughter into signing a release to try to block him from suing a surgeon over an allegedly botched surgery.
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June 30, 2025
Law Firm Aims To Exit Lowenstein Sandler Suit Over Affidavit
Trif & Modugno LLC asked a New Jersey state judge to dismiss Lowenstein Sandler LLP's claims against the firm as part of its legal battle with a cannabis dispensary, saying the claims fail because Lowenstein Sandler did not file an affidavit of merit.
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June 30, 2025
McCarter & English Says Developer Estate Suit Is A Duplicate
McCarter & English LLP and the estate of a deceased attorney should not have to face a new lawsuit over the alleged mismanagement of a Connecticut retail developer's trust because it seeks to "derail" a pending case that is already teed up for trial, the defendants told a state court.
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June 30, 2025
Lin Wood Can't Avoid Legal Costs In Defamation Case
A Georgia federal judge has found that retired attorney L. Lin Wood can't escape paying his former law partners $750,000 in attorney fees and costs related to a $3.75 million defamation verdict against him, rejecting his argument that the statute governing attorney fees was unconstitutional.
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June 30, 2025
Judge Hits Pause On Civil RICO Suit Against NJ Power Broker
A New Jersey judge has entered a consent order pausing a real estate developer's civil racketeering suit against influential South Jersey businessman George Norcross III, holding the parties' dispute in stasis until an appeal over the dismissal of a related criminal indictment can be resolved.
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June 30, 2025
Calif. Panel Chides Attys Who Hid Opponent's Inactive Status
In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.
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June 30, 2025
Fox Rothschild Beats RICO Suit From 2 Former Clients
A New Jersey federal judge has tossed federal racketeering and state law claims lodged against Fox Rothschild LLP by two former clients who accused the firm of "knowingly and willfully robbing their immigration clients."
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June 30, 2025
Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale
Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.
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June 27, 2025
Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed
A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.
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June 27, 2025
Ga. Panel Says Court's Tech Glitch Shouldn't Kill Appeal
The Georgia Court of Appeals on Friday revived a tenant's appeal of an eviction action, saying the trial court wrongly dismissed the matter when it failed to explain why evidence of a delay caused by the court's electronic filing system did not save the appeal.
Expert Analysis
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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.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.