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Legal Ethics
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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.
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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.
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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.
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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.
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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.
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August 14, 2025
Okla. City Fights Creek Nation Over Tribal Court Authority
An Oklahoma city is looking to dismiss a challenge by the Muscogee (Creek) Nation that looks to block the municipality from prosecuting Native Americans for crimes committed on tribal lands, arguing that a 2022 Supreme Court ruling gives it concurrent jurisdiction with the federally recognized tribe.
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August 14, 2025
Boston Bomber Asks Full 1st Circ. To Weigh Judge DQ Bid
The convicted Boston Marathon bomber on Thursday asked the full First Circuit to consider disqualifying his trial judge from leading an investigation into potential juror bias, arguing an appellate court panel failed to assess whether post-trial public comments tainted his impartiality.
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August 14, 2025
Fla. Juror Misconduct Claim Stymied By 'Lack Of Diligence'
A new trial ordered in an auto collision case was wrongly granted based on juror misconduct, a Florida appeals court has ruled, saying a juror's involvement in injury litigation was disclosed on his questionnaire but wasn't explored in court due to a "lack of diligence" by defense counsel.
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August 14, 2025
Fla. Bar Fights Demand For Bondi Ethics Probe
The Florida Bar has again pushed back on a request to investigate U.S. Attorney Pam Bondi for alleged unethical conduct, telling the Supreme Court of Florida that a group of complainants can't bulldoze past its policy of not investigating sitting government officials.
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August 14, 2025
Bipartisan Lawmaker Groups Lambaste Habba's Reappointment
A bipartisan group of current and former members of Congress on Wednesday criticized the Trump administration's appointment of acting New Jersey U.S. Attorney Alina Habba, saying doing it without congressional approval is unconstitutional.
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August 14, 2025
4th Circ. Won't DQ Judge From Church Mass Shooting Case
Hearsay evidence and conclusory allegations of impartiality are not enough to cause the Fourth Circuit to remove the federal judge presiding over white supremacist mass shooter Dylann Roof's criminal case in South Carolina, a panel of out-of-circuit judges determined in a nonprecedential ruling.
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August 14, 2025
Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed
A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.
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August 14, 2025
Feds Urge Court Not To Toss Rep. Cuellar's Bribery Case
Allowing U.S. Rep. Henry Cuellar, D-Texas, to escape bribery charges under the Constitution's speech and debate clause would "eviscerate" several precedents set under the provision, prosecutors told a federal judge on Thursday.
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August 14, 2025
Biz Rips Law Firm Over Arbitration Push After Filing Suit
A former client of Herman Jones LLP urged a Georgia state appeals court to overturn a trial judge's decision to send a lawsuit over legal fees to arbitration, arguing that if the law firm wanted to stay out of court, it should have filed an arbitration demand, not a lawsuit.
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August 14, 2025
NC Lawmaker's Judicial Campaign Returns Lobbyists' Money
A Republican state lawmaker in North Carolina has returned lobbyists' donations to her judicial campaign after the contributions came under scrutiny for potentially violating state campaign finance laws, her campaign adviser confirmed Thursday to Law360.
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August 14, 2025
2nd Circ. Publicly Reprimands Ghosting NY Attorney
The Second Circuit has rebuked a New York attorney who was removed from a case for disappearing on his client while appealing criminal migrant smuggling charges, and then failing to respond to a court order for years.
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August 14, 2025
2nd Circ. Affirms Sanctions In Abandoned Suit Against Dylan
In a precedential ruling, the Second Circuit upheld limited fee sanctions imposed by a Manhattan federal judge against attorneys found to have violated a discovery order and committed other wrongs, despite having been warned, in a now-abandoned sexual assault suit against Bob Dylan.
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August 13, 2025
Fla. Detention Center Still Blocks Atty Access, Groups Say
Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.
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August 13, 2025
Va. Judge Dismisses VLSI Suit Over PTAB Conduct
Patent Quality Assurance took home another win against semiconductor patent company VLSI Technology on Wednesday, as a Virginia state court dismissed the abuse of process and conspiracy claims VLSI brought against PQA after the latter got VLSI's microchip patent invalidated at the Patent Trial and Appeal Board.
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August 13, 2025
Ex-NJ Judge Seeks To Shield 'Inflammatory' Info In Firing Suit
A former New Jersey workers' compensation judge doubled down Wednesday on a bid to quash state subpoenas in her suit over her removal from the bench, seeking a protective order to limit discovery in her lawsuit against Gov. Phil Murphy and several top officials in the state's Department of Labor and Workforce Development.
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August 13, 2025
NJ US Atty Defends Status, Says She Is 'Validly Serving'
Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."
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August 13, 2025
Texas Malpractice Case Over Atty's Nixed Conviction Revived
A Texas state appellate court on Wednesday revived a malpractice case filed by a now-deceased attorney whose forgery conviction was vacated, saying the trial court must determine whether she was actually innocent before deciding whether her malpractice claim against her criminal defense lawyer can proceed.
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August 13, 2025
Kelley Drye Hit With Class Action Over Client Data Leak
Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.
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August 13, 2025
2nd Circ. Says Allowing Biased Jury Strikes Can Be Strategic
A unanimous Second Circuit panel found Wednesday that a Black man sentenced to 14 years in prison for attempted murder and other crimes cannot win release by arguing his lawyer failed to adequately object to the dismissal of Black potential jurors, saying the attorney may have been acting "strategically."
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August 13, 2025
Former Probate Judge Gives Up Conn. Law License After DUIs
A onetime Connecticut probate judge convicted of multiple counts of driving while intoxicated has agreed to permanently hand over his license to practice law in the state.
Expert Analysis
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Spoliation Of Evidence Is A Risky And Shortsighted Strategy
Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator’s credibility, say attorneys at Mandelbaum Barrett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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5 Takeaways From DOJ's Media Compulsory Process Rules
The U.S. Department of Justice’s new rules, making it easier for law enforcement investigating leaks to compel members of the media and third parties to disclose information, could have wide-ranging impacts, from reduced protections for journalists and organizations, to an expanded focus on nonclassified material, say attorneys at WilmerHale.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.