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Legal Ethics
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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mass shooter Dylann Roof's criminal case in South Carolina, a panel of out-of-circuit judges determined in a nonprecedential ruling.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.
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August 12, 2025
Fanatics Loses Bid For Bar On Boies Schiller In Antitrust Row
A New York federal judge Tuesday overruled Fanatics Inc.'s objection to an order requiring the sports collectibles company to turn over unredacted versions of licensing agreements to rival Panini America Inc., rejecting Fanatics' bid to place limits on Boies Schiller Flexner LLP attorneys who access the agreements.
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August 12, 2025
Mich. Judge Says Racism Pervades Ethics Probe Into Bike Row
A Michigan state judge facing allegations she escalated an interaction with a bike shop owner at a judicial conference and lied about the exchange urged a special master overseeing her case to dismiss the claims, while disciplinary counsel said the judge must be held accountable for her "abuse of authority."
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August 12, 2025
Ex-Mich. Cop Wins $58M In Malicious Prosecution Suit
A Michigan federal jury Tuesday awarded over $58 million to a former police officer who filed a malicious prosecution suit against a state trooper and since-disbarred assistant attorney general for pursuing charges based on discredited allegations he sexually assaulted his daughter, which were later dropped by the state attorney general.
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August 12, 2025
Title Co. Hits Atty With Malpractice Suit Over $2.5M Refi
Fidelity National Title Insurance Co. on Monday filed suit in state court against a Connecticut attorney, alleging his oversight when issuing a loan policy of title insurance for a $2.5 million refinancing cost Fidelity $920,000.
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August 12, 2025
Ex-Paralegal Sues Rueb Stoller For Race Bias
A Georgia law firm was sued in federal court by a Black former civil litigation paralegal who alleged she faced a "pattern of marginalization" due to her race before eventually resigning after a co-worker "hurled" a racial slur at her.
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August 12, 2025
NJ Judge Denies Thwarting Ethics Probe Into DWI Arrest
A New Jersey municipal judge admitted that he was charged with driving while intoxicated in a 2024 incident but denied that he was dishonest and uncooperative during a disciplinary investigation, according to a response to the complaint made public Tuesday.
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August 12, 2025
Deal Unveiled In Schnader Harrison ERISA Case After Delays
Schnader Harrison Segal & Lewis LLP will pay $675,000 to settle a proposed ERISA class action from a former nonequity partner who claimed the firm improperly used her and others' retirement contributions to prop itself up as it faced financial trouble, according to a motion filed Tuesday in Pennsylvania federal court.
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August 12, 2025
Md. Judges Say DOJ Habeas Suit Wreaks 'Havoc' On Judiciary
The Maryland federal bench again moved to throw out the Trump administration's "disruptive affront" challenging a standing order that temporarily paused the removal of noncitizen detainees who filed habeas petitions, arguing Monday that the executive branch's suit fails to state a claim and "wreaks unprecedented havoc on the Judiciary."
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August 12, 2025
Atty Apologizes For Citation Error In IP Dispute
A New York attorney who became one of many accused of using generative artificial intelligence for a brief after a federal judge found citations to nonexistent cases apologized Tuesday for a mistake in a more recent brief flagged for a false citation.
Expert Analysis
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.