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Legal Ethics
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June 09, 2025
'No Question' DuPont Polluted Delaware River, NJ Court Told
New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.
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June 09, 2025
Madigan Denied Acquittal, New Trial Ahead Of Sentencing
An Illinois federal judge on Monday denied former Illinois House Speaker Michael Madigan's bid for acquittal or a new trial, clearing the way for him to be sentenced for bribery, wire fraud and conspiracy later this week.
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June 09, 2025
FEMA Dodges Atty's Bias And Retaliation Suit, For Now
A California federal judge dismissed an attorney's lawsuit alleging two federal agencies fired her after she complained that a male colleague harassed her, saying the excessive length and repetitiveness of her claims makes an adequate response a "practical impossibility."
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June 09, 2025
Ga. Judge Argues Ethics Charges Are 'Irreparably Tainted'
An Atlanta trial judge urged a hearing panel to throw out the ethics charges leveled against her despite the Georgia Judicial Qualifications Commission's arguments that her motion to quash was untimely.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
NJ Bar Pushes To Keep Limit On Nonclient Malpractice Claims
The New Jersey State Bar Association is asking that state's Supreme Court not to expand plaintiffs' ability to sue attorneys for malpractice when they weren't those lawyers' clients, according to a Monday announcement.
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June 09, 2025
5th Amendment Can't Shield Ex-Exec, Drugmakers Argue
Generic-drug makers urged a Pennsylvania court to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.
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June 09, 2025
Fitch Even's Ex-IP Client Wants Firm's Patent Suit Tossed
Prenatal-Hope Inc. and its chief executive officer are asking an Illinois federal judge to dismiss a suit in which law firm Fitch Even Tabin & Flannery LLP seeks a declaration that the CEO isn't the inventor behind a prenatal test patent.
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June 09, 2025
Alibaba Wants Patent Suit Axed Over Atty's 'Extreme' Conduct
Cloud products and services company Alibaba Cloud US LLC has moved to dismiss a patent suit against it by Cooperative Entertainment Inc. as a sanction for "extreme" conduct by its attorney, which continued after he was referred to a disciplinary committee.
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June 09, 2025
Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida
Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.
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June 09, 2025
Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules
In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.
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June 09, 2025
Pa. Firm, Insurer End Suit Over Legal Malpractice Coverage
A Philadelphia law firm has dropped its bad faith lawsuit against an insurer stemming from a dispute over coverage for a legal malpractice case that ended in a $600,000 judgment against the estate of one of the attorneys, according to a recent filing.
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June 09, 2025
Feds Can Sell Russian Oligarch's Seized $230M Superyacht
A New York federal judge has determined the government can proceed with an auction of a superyacht that once belonged to a sanctioned Russian billionaire, rejecting an argument that a potential sale would undercut the vessel's full value.
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June 09, 2025
Fla. Bar Rejects Ethics Probe Of Bondi While She's In Office
The Florida Bar has told a group of lawyers, law professors and former judges that it will not open an ethics investigation into Pam Bondi's actions as attorney general, saying in a letter that it doesn't "investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office."
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June 09, 2025
Nadine Menendez Says Counsel Shake-Up Erases Conviction
Former Sen. Robert Menendez's wife, Nadine Menendez, has asked a Manhattan federal judge to vacate the jury's guilty verdict in her bribery case, arguing that her Sixth Amendment rights were violated when she was denied her choice of legal representation.
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June 06, 2025
Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea
A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.
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June 06, 2025
Stewart Says PTAB Should 'Never' Cancel IP As A Sanction
The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.
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June 06, 2025
Teachers Want $218K In Costs After Pay Bias Trial Win
Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.
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June 06, 2025
Ex-Wells Fargo Atty Wins Arbitration Bid In Trade Secrets Suit
A former senior in-house counsel for Wells Fargo Advisors won his bid to make the bank arbitrate claims he absconded with confidential information and coordinated a mass resignation of other staff when he left to work at a competing advisory firm.
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June 06, 2025
Flaws Remain In Bar Fitness Queries, Summit Panelists Say
Many current state bar character and fitness tests fail to identify bad actors, and at the same time, certain aspects of the queries can hurt efforts to increase diversity in the profession, according to panelists at the American Bar Association's 2025 Virtual Equity Summit on Friday.
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June 06, 2025
Calif. Bar Hires Investigator To Review Exam Snafu
The State Bar of California's board of trustees voted to approve a $185,000 contract with a nonprofit to review "exam scoring irregularities and testing accommodations" from its fraught February 2025 bar exam.
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June 06, 2025
NJ Firm Says It Has No Business Being Sued In Louisiana
New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.
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June 06, 2025
Texas Justices Say 'Reciprocal' Discipline Is Time-Limited
Texas' four-year time limit on attorney discipline applies to "reciprocal" discipline cases, in which a lawyer is sanctioned in Texas after being similarly sanctioned in another state, the Texas Supreme Court ruled Friday.
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June 06, 2025
Firm Fights Bid To Remand Florida Whistleblower Suit
Insurance litigation firm Matthiesen Wickert & Lehrer SC pushed back against a whistleblower's request to have her case remanded to state court, arguing that the amount sought in the case satisfies the $75,000 minimum to stay in federal court.
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June 06, 2025
Litigation Funder Can't Stop Attys' Texas Fee Fight Remand
A divided Texas First Court of Appeals won't disturb a split decision that revived a dispute between an attorney and a former attorney over a fee-sharing agreement in tobacco litigation, rejecting a litigation finance company's en banc request to keep its trial court victory and prevent the case from being remanded.
Expert Analysis
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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The Implications Of 2024's AI Rules And Regs For Patent Attys
Christina Huang, John Smith and Devin Stein at Faegre Drinker review this year's new rules and regulations on the development and use of artificial intelligence — from the Biden administration, the U.S. Patent and Trademark Office, the American Bar Association and various states — as they apply to patent attorneys.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.