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Legal Ethics
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October 03, 2025
Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown
The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.
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October 03, 2025
Calif. Bar Launches Randomized Client Trust Fund Audits
Attorneys in California should be on the lookout for notifications from the state bar regarding client trust fund compliance reviews, as the organization kicks off a five-week mandatory review program during which a small cross-sample of Golden State lawyers will be asked to open their books.
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October 03, 2025
Deceased IP Attys' Names Worth $55K, Conn. Judge Rules
A Connecticut federal judge has declined to upend an expert's valuation amounting to $54,775 in a trademark infringement suit over the names of deceased law partners that appear in the masthead of intellectual property firm Ohlandt Greeley Ruggiero & Perle LLP, determining such a change is unwarranted.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Reed Smith Blasts DQ Attempt As 'Litigation Gamesmanship'
A shareholder of the Venezuelan airline Avior Airlines has urged a Florida federal judge to reject a bid to disqualify his counsel at Reed Smith LLP and attorney Ana R. Ulseth, arguing that the push to disqualify the firm is not about ethics but rather "litigation gamesmanship."
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October 02, 2025
Jackson Walker Can't Duck Judge Romance Suit, Court Told
A group of bondholders Thursday urged a Texas federal judge not to throw out its suit over a former Jackson Walker LLP partner's secret romance with a bankruptcy judge, arguing that the firm "has a problem with telling the truth" and it's "back at it again."
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October 02, 2025
NC Court Rejects McGuireWoods' Immunity In Defamation Suit
A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.
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October 02, 2025
Netflix Escapes Documentary IP Suit From Atty's Film Co.
A film company owned by a trial lawyer this week lost its lawsuit accusing Netflix Inc. of infringing a copyright in its documentary about sexual abuse in the Boy Scouts of America, with a New Jersey federal judge finding the film deals with uncopyrightable facts.
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October 02, 2025
Dentons, Boies Schiller Escape $300M Fraud Suit
A New York federal judge has dismissed with prejudice a $300 million fraud and racketeering lawsuit brought against Dentons and Boies Schiller Flexner LLP, in which the BigLaw firms were accused of misleading a former client with respect to a deal, and later arbitration, involving Senegal's state-owned energy company.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
Ex-Firm Can't Revive Malicious Prosecution Suit In 11th Circ.
The Eleventh Circuit has refused to overturn lower court rulings nixing a malicious prosecution lawsuit brought by a now-defunct law firm against a surgical center, as well as a sanctions ruling against the firm's counsel.
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October 02, 2025
Gov't Shutdown Halts Fed. Circ. Response In Newman Case
The Federal Circuit has asked the D.C. Circuit for permission to extend a deadline to respond to U.S. Circuit Judge Pauline Newman's petition for an en banc rehearing to reconsider her suspension, citing the ongoing government shutdown.
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October 02, 2025
DOJ Beats Heritage Foundation Suit Over Hunter Biden Docs
A Delaware federal judge has ruled against The Heritage Foundation in its Freedom of Information Act suit against the U.S. Department of Justice regarding documents withheld detailing the investigation of Hunter Biden, saying the government "adequately established" that harm would result from releasing the records.
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October 02, 2025
Comey's 1st Task: Decoding A Cryptic Indictment
The criminal indictment of James B. Comey is unusually sparse for such a high-profile matter, leaving open questions for the ex-FBI director to probe that could shed more light on how the government intends to prove its case and create potential lines of attack for the defense, experts say.
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October 02, 2025
Attys Get Mixed NJ Discipline After Fraud Convictions
The New Jersey Supreme Court has disbarred ex-Sacks Weston attorney Scott Diamond from the practice of law in the Garden State following his conviction for fraudulently resolving cases behind the back of his old firm, according to filings issued Thursday.
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October 02, 2025
Tenn. 'Gag Order' Ruling Against Atty Axed After Rule Change
The Sixth Circuit has vacated a decision that a Nashville attorney lacked standing to challenge a since-rescinded Middle District of Tennessee rule restricting lawyers' so-called extrajudicial statements.
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October 02, 2025
Baker McKenzie Brings New Suit Against Ex-Associate In DC
A former Baker McKenzie tax attorney who publicly accused the firm's Washington, D.C., managing partner of sexual assault was previously in a relationship with the managing partner's son, the firm has said in a revised defamation complaint.
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October 02, 2025
Michigan OKs Anti-Bias Rule For Judges, Delays Atty Version
Michigan's top court adopted a rule Wednesday prohibiting judges from acting with bias or prejudice but held back a companion rule for lawyers for more deliberation.
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October 02, 2025
McCarter & English Won't Face Pretrial Win Bid In $22M Suit
A Connecticut Superior Court judge has denied requests by Phoenix Life Insurance Co. and PHL Variable Insurance Co. to file late partial summary judgment motions in a $22.3 million professional negligence lawsuit against McCarter & English LLP over the law firm's work on a Long Island loan deal.
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October 01, 2025
Tyson Inks $85M Deal To Exit Consumers' Pork Antitrust Suit
Pork consumers asked a Minnesota federal court Wednesday to greenlight an $85 million settlement resolving their claims against Tyson Foods Inc. in major antitrust litigation alleging pork producers conspired with data firm Agri Stats Inc. to inflate pork prices by limiting the supply in the U.S. market.
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October 01, 2025
Conn. Servers Defend Asking Judge To DQ From Wage Case
A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.
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October 01, 2025
Reed Smith Seeks 2nd Circ. Help Over Eletson Orders
Reed Smith LLP has urged the Second Circuit to nix an order displacing the firm as counsel and requiring it to turn over client files for international shipping group Eletson Holdings Inc. to lawyers representing the company's new owners, saying Eletson's bankruptcy plan has not validly taken effect.
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October 01, 2025
Mich. Panel OKs Fine For Atty's Gender-Based Slur At Judge
A Michigan appellate panel has affirmed a $7,500 fine for a lawyer who called a judge a vulgar term during a virtual hearing, rejecting the lawyer's defense that he thought he had closed out of the video call when he made the remark.
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October 01, 2025
Ex-Burnham Law Atty Claims Pregnancy Bias Behind Demotions
A Colorado law firm is under fire from one of its former attorneys who claims her pregnancy led to her receiving two demotions at the firm and eventually being forced out entirely.
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October 01, 2025
Fla. Judge Shuts Down Firm's Fee Fight With Film Producer
A Florida judge on Tuesday dismissed a long-running suit by a Miami law firm against a Hollywood producer after finding the firm had abandoned its opportunity to pursue its claim over allegedly unpaid attorney fees by waiting two years to find successor counsel after its last attorney withdrew.
Expert Analysis
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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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.