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Legal Ethics
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November 26, 2025
Split 6th Circ. Shields Baker Donelson, Not City Councilman
In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.
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November 26, 2025
11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
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November 26, 2025
Disbarred Atty Can't Avoid Judgment In Theft Suit
A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.
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November 26, 2025
DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
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November 26, 2025
Expert Fights 11th Circ. Ruling To Strip Qualified Immunity
A fingerprint analyst has urged the Eleventh Circuit to reconsider a three-judge panel's ruling that she must face claims accusing her of fabricating evidence in a murder case that wrongfully sent a man to death row, arguing the appellate judges deprived her of a qualified immunity defense based on erroneous facts.
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November 26, 2025
Foley & Lardner Hit With Malpractice Suit Over Chancery Loss
Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.
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November 26, 2025
Ex-Atty Not Covered In $750K Law Firm Purchase Dispute
An insurer has no duty to defend or indemnify a disbarred attorney, who is currently serving a 90-month sentence for embezzling funds from his clients and law firm, in an underlying suit claiming he owes more than $750,000 for the purchase of a firm, an Illinois federal court ruled.
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November 26, 2025
Democracy Forward Adds High-Profile Former DOJ Atty
A former top attorney in the Justice Department's Office of Immigration Litigation, who was fired in April after telling a court the deportation of Kilmar Ábrego García was made in error, has joined Democracy Forward as a senior counsel, the group announced Tuesday.
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November 25, 2025
Order Blocking Redistricting 'Too Late In The Day,' Texas Says
Texas told the nation's high court that an order blocking the state's redistricting efforts came "too late in the day," telling the court Tuesday that the legal principle barring courts from meddling with election rules too close to election day bars the order at hand.
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November 25, 2025
Trial Over Judge's Alleged ICE Interference Gets Ground Rules
A Wisconsin federal judge on Tuesday set some ground rules for an anticipated December trial over criminal charges alleging a state judge attempted to hinder a U.S. Immigration and Customs Enforcement arrest this spring, including the types of arguments and evidence that can be presented to the jury.
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November 25, 2025
Calif. Justices Asked To Review Prosecutors' Alleged AI Errors
Nearly two dozen law professors have urged the California Supreme Court to help determine whether county prosecutors should be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings, arguing the alleged misconduct could have "grave consequences for the rule of law."
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November 25, 2025
9th Circ. Slams 'Unimpressive Excuses' In L'Oréal Rival's Suit
The Ninth Circuit on Tuesday refused to revive a trade secrets case against L'Oréal USA Inc., saying the plaintiff company's "unimpressive excuses" for fabricating evidence and other misconduct do not override the district court's conclusion that the proper sanction was to dismiss the case.
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November 25, 2025
$255K In Fees To Google For 'Frivolous' Ramey Case Upheld
The Federal Circuit on Tuesday affirmed a California judge's decision that a client of embattled intellectual property firm Ramey LLP must pay nearly $255,000 in fees and sanctions for bringing a "frivolous" patent suit against Google, finding the award to be "entirely proper."
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November 25, 2025
'Gross Abuse Of Power': Rep. Swalwell Sues Housing Official
U.S. Rep. Eric Swalwell on Tuesday sued Federal Housing Finance Agency Director Bill Pulte, claiming Pulte abused his position by accessing private mortgage records to target the political opponents of President Donald Trump, including Swalwell, calling it "a gross abuse of power that violated the law."
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November 25, 2025
Ex-Bank GC Faces Garnishments After $7M Restitution Order
Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.
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November 25, 2025
Democrats Seek Documents On Emil Bove's DOJ Tenure
Senate Democrats are turning to public records requests to learn more about the controversial tenure of U.S. Circuit Judge Emil Bove while he served at the U.S. Department of Justice, claiming that they're being "stonewalled" by the department.
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November 25, 2025
Holtec Can Pursue Suit Over Alleged Scheme Involving Ex-GC
Holtec International prevailed over motions to dismiss its lawsuit in New Jersey state court accusing its former general counsel and others of running an embezzlement scheme that cost the company over $700,000.
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November 25, 2025
DOJ Official Sues Over Firing For Epstein Talk On Hinge 'Date'
A longtime official at the U.S. Department of Justice who was fired after he was secretly recorded discussing the Epstein files has sued the agency and U.S. Attorney General Pam Bondi in D.C. federal court.
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November 25, 2025
Judges Decline Invites To Senate Hearing On Impeachment
Two federal judges, both of whom Republicans are looking to impeach, declined to testify before the U.S. Senate Judiciary Committee's hearing next week on the impeachment of "rogue" judges, a source familiar with the situation told Law360 on Tuesday.
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November 25, 2025
Husch Blackwell Blasts Ex-Firm Atty's ERISA Suit
A former Husch Blackwell LLP partner's claim that the firm violated federal law by withholding monthly retirement account contributions misidentified the funds in question as participant contributions, when they were, in fact, contributions from the firm's year-end profit-sharing program.
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November 25, 2025
MSG Seeks To Boot Atty From Ex-Exec's Bias, Retaliation Suit
A Reavis Page Jump LLP attorney representing a former Madison Square Garden security executive in a discrimination suit is too enmeshed in the facts of the case, MSG said, urging a New York federal court to kick the lawyer and firm off the suit if it's not outright dismissed.
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 25, 2025
Goldstein Asks 4th Circ. To Undo Pretrial Rulings
SCOTUSblog co-founder Tom Goldstein is appealing a series of rulings from a Maryland federal judge denying his bid to toss five of the 22 federal tax charges he's slated to stand trial for next year.
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November 25, 2025
Atty Error Led To $400K Death Settlement, Insurer Tells Court
An insurer for several companies managing a South Carolina apartment complex was forced to settle a wrongful death suit after an attorney failed to meet filing deadlines and defaulted, it told a federal court, saying the attorney is on the hook for the $400,000 settlement and legal fees.
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November 24, 2025
Feds' Claim Against Judge Weighing Trans Troops Ban Tossed
The D.C. Circuit's chief judge tossed the U.S. Department of Justice's misconduct complaint against the federal judge overseeing litigation challenging the Trump administration's ban on transgender troops serving in the military, saying judicial misconduct proceedings are not the appropriate avenue to address concerns about a judge's impartiality.
Expert Analysis
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.