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Legal Ethics
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October 10, 2025
DUI Defendant Can't Blame Atty For Gun License Suspension
A lawyer's failure to alert his client that a drunken-driving conviction would cost him his license to carry a gun is not ineffective assistance of counsel, a Massachusetts intermediate-level appeals court panel concluded.
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October 10, 2025
High Court To Eye Limits On Appeal Waivers In Plea Deals
The U.S. Supreme Court will consider which exceptions might apply to criminal appeal waivers, which are common in plea deals, the court announced Friday.
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October 10, 2025
11th Circ. Says Insurer Must Defend Atty Malpractice Suit
A law firm's professional liability insurer has a duty to defend it and one of its attorneys in an underlying malpractice lawsuit stemming from their representation of defendants that faced civil forfeiture claims, the Eleventh Circuit ruled Friday, finding that a "misappropriation exclusion" did not wholly foreclose coverage.
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October 10, 2025
Atty's Due Process Claims Challenging Disbarments Trimmed
A former attorney has had most of a due process suit fighting his disbarment in Florida and reciprocal discipline in Massachusetts and New York thrown out, with a Manhattan federal judge finding that New York lacks personal jurisdiction over out-of-state disciplinary officials.
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October 10, 2025
Ex-Judge Claims Illegal Arrest May Have Cost Him Reelection
A former Washington state judge claims in a new lawsuit that his roadside stop and subsequent arrest by Grays Harbor County sheriff's deputies violated his constitutional rights and may have cost him his seat on the bench, noting that a county prosecutor later challenged him in an election and won.
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October 10, 2025
Retribution, Intent Claims May Defuse Bombshell James Case
The Trump administration's indictment of New York Attorney General Letitia James is tightly crafted and offers a straightforward presentation of the government's case, but experts say James appears to have a strong argument that she did not intend to break the law and is being unfairly targeted for what amounts to a minor offense.
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October 10, 2025
More Disciplinary Info On Atty Sent To Judge In Flores Case
An attorney representing the NFL in the racial discrimination dispute with former head coach Brian Flores has informed a New York federal judge of additional disciplinary action against the former attorney for one of Flores' co-plaintiffs, as the judge is investigating whether the lawyer misrepresented his license to practice.
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October 10, 2025
Atty Can't Win AI Misconduct Sanctions In Malpractice Case
A New York federal judge will not sanction a plaintiff over alleged misuse of generative artificial intelligence in a malpractice case against her former lawyer, finding the attorney seeking sanctions had also "vexatiously protracted" the nearly decade-long litigation.
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October 10, 2025
Pa. Law Firm Settles Ex-Paralegal's Disability Bias Suit
A Pennsylvania law firm has agreed to settle a former paralegal's lawsuit claiming she was fired for taking medical leave to undergo treatment for a panic disorder, according to a filing in federal court Friday.
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October 10, 2025
Bill Would Let Judges, Prosecutors Carry Concealed Guns
Two Republicans have introduced a bill in the U.S. Senate that would allow current and retired federal judges and state, local and federal prosecutors to carry concealed firearms in response to increasing concerns about judicial security.
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October 10, 2025
Ex-Fla. Detective Cops To Lesser Charge In DEA Bribe Case
A former Florida police detective told a Manhattan federal judge Friday that he was aware of bribes being paid to U.S. Drug Enforcement Administration agents, pleading guilty to a charge of misprision of a felony after initially facing more serious bribery counts.
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October 10, 2025
Influencer Slams Atty DQ Bid Over Brief Call As Delay Tactic
A social media optimization company's push to disqualify the law firm representing an influencer it is suing in a copyright dispute in Texas federal court is nothing more than an attempt to use a "procedural weapon to delay proceedings, increase costs, and peddle false narratives," according to a court filing.
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October 10, 2025
NJ Senate President Calls For Monitor Of State AG Unit
New Jersey Senate President Nicholas Scutari on Friday called for the appointment of an independent monitor to oversee the state's Office of Public Integrity and Accountability, saying it has been troubled with failed prosecutions, botched investigations and misconduct.
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October 09, 2025
9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials
The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."
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October 09, 2025
NY Atty General Indicted Following Pressure From Trump
New York Attorney General Letitia James was indicted in Virginia federal court Thursday on charges related to mortgage fraud, three weeks after President Donald Trump wrote a social media post encouraging U.S. Attorney General Pam Bondi to take action because James and two other political opponents were "guilty as hell."
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October 09, 2025
Fed. Circ. Gets Shutdown Extension For Newman Response
The D.C. Circuit on Thursday gave the judges on the Federal Circuit an extension until after the government shutdown ends to respond to Federal Circuit Judge Pauline Newman's request for the rehearing of a decision upholding the dismissal of her suit against the colleagues who suspended her.
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October 09, 2025
Megan Thee Stallion Wins Sanctions Over Deleted Messages
A Florida magistrate judge Thursday sanctioned online personality Milagro "Mobz World" Cooper for deleting thousands of text messages and WhatsApp data after being told to preserve evidence in rapper Megan Thee Stallion's defamation and cyberstalking suit against her.
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October 09, 2025
Fed. Circ. Backs PTAB Wins For Samsung In Earpiece Cases
The Federal Circuit on Thursday shot down appeals of a series of Patent Trial and Appeal Board decisions that found claims across three patents covering earpieces and attached microphone technology invalid.
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October 09, 2025
Ineffective Counsel Claim Could Afford Immigrant Legal Status
A Guatemalan man who lost his path to U.S. citizenship after being convicted of breaking into a car has been offered another chance at a new trial if he can show his attorney failed to inform him of his right to appeal, Massachusetts' intermediate appeals court said Thursday.
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October 09, 2025
'Moonlighting' Atty Must Arbitrate Wage Claims, Ga. Firm Says
John Foy & Associates PC told a Georgia federal court that a former firm attorney breached her employment agreement by "moonlighting" with another firm during her employment and then filing a wage suit against John Foy & Associates instead of pursuing her claims in confidential arbitration.
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October 09, 2025
Baldoni Atty Faces LA Malpractice Suit Over Client 'Betrayal'
Entertainment attorney Bryan Freedman has been accused in Los Angeles County Superior Court of turning his back on a former client, allegedly convincing him to sign an unfavorable settlement on trademark claims against "It Ends With Us" star Justin Baldoni, only to later begin representing the actor and director.
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October 09, 2025
Ga. Prosecutors Get More Time To Replace DA In Trump Case
A Georgia state judge has extended its deadline requiring a prosecutors group to replace a disqualified district attorney to oversee the election interference case against President Donald Trump and others, rejecting two defendants' opposition to anything beyond the original two-week deadline.
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October 09, 2025
False-Statement Case Puts Comey In Rare Company
Former FBI director James Comey is the latest addition to the relatively short list of government officials who have been criminally charged over the past several decades with making false statements to Congress.
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October 09, 2025
Sullivan & Cromwell Impersonators Hit With NY Fraud Claims
New York Attorney General Letitia James is attempting to take down a slew of businesses whose names are variants of Sullivan & Cromwell LLP, accusing them of attempting a scheme to fraudulently redirect checks meant for the global corporate law firm.
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October 09, 2025
Judge Rejects Sanctions Bid In Ace Fire Loss Suit
A Georgia federal court has rejected a Chubb unit's sanctions bid in a fire loss coverage dispute, finding that although its insureds failed to adequately join two individual defendants in a broader attempt to defeat the court's diversity jurisdiction, such conduct wasn't frivolous nor amounted to bad faith.
Expert Analysis
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California Supreme Court's Year In Review
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.
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What Lawyers Can Learn From High School AI Suit
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.
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Service Providers Must Mitigate 'Secondary Target' Risks
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.
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Series
Flying Makes Me A Better Lawyer
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.
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Mitigating Defamation Liability Risks Of AI-Generated Content
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.
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Series
Circus Arts Make Me A Better Lawyer
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.
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When Investigating An Adversary, Be Wary Of Forged Records
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.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
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.
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Opinion
Why States Should Adopt ABA's 'Duty To Inquire'
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.
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The Bar Needs More Clarity On The Discovery Objection Rule
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.
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Trump Faces Uphill Battle If He Tries To Target Prosecutors
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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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.