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Legal Ethics
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October 23, 2025
Del. Justices Won't Reconsider Gellert Seitz Malpractice Ruling
The Delaware Supreme Court on Oct. 23 rejected a request to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages a homebuilder said it suffered due to the firm's negligence handling loan-restructuring disputes, saying the request is "without merit."
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October 23, 2025
McGuireWoods Asks NC Justices To Stay Defamation Case
McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.
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October 23, 2025
Shipbuilders' Discovery Demands Go Too Far, Engineer Says
One of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands.
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October 23, 2025
Judges Admit AI Missteps After Grassley's Oversight Push
Federal judges in New Jersey and Mississippi admitted their staff used artificial intelligence in faulty orders they had to redo over the summer, according to correspondence released Thursday by Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, who is investigating the matter.
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October 23, 2025
Biden Judicial Noms Atty To Lead Progressive Nonprofit
The American Constitution Society, a progressive legal nonprofit, has named a White House Senior Counsel from former President Joe Biden's administration as its next president, who in his time working at Pennsylvania Avenue oversaw a historic number of judicial confirmations.
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October 22, 2025
Blake Lively Seeks Sanctions Over 'Untraceable' Messages
Blake Lively told a New York federal judge Wednesday her "It Ends With Us" co-star Justin Baldoni, his production company and other defendants in her defamation case should be sanctioned for using Signal's auto-delete function in an attempt to erase evidence of their alleged retaliatory smear campaign against the actress.
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October 22, 2025
Baker McKenzie Partner Hired Security In Dispute With Ex-Atty
The managing partner of Baker McKenzie's Washington, D.C., office told a Maryland state judge Wednesday that he has had to employ a protective detail because of harassment and threats from a former firm associate who he says falsely accused him of sexual assault.
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October 22, 2025
'Danger Zone': 9th Circ. Judge Warns Atty Battling L'Oreal
A Ninth Circuit judge warned an attorney Wednesday he was in a "danger zone" and should have considered never appealing a district court's order throwing out his client's trade secrets case against L'Oreal USA Inc., saying the lower court's finding that his client fabricated evidence puts the attorney in the panel's crosshairs.
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October 22, 2025
Phillips 66 Can't Undo $805M Trade Secrets Trial Loss
Phillips 66 can't get a new trial after its $805 million loss on claims it stole startup Propel Fuels' intellectual property during due diligence for an acquisition, a California state judge has ruled, saying the jury's findings, including malicious misconduct, are well-supported.
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October 22, 2025
Fed. Circ. Faults PTAB Ax In Centripetal Case But Not Recusal
The Federal Circuit on Wednesday vacated the Patent Trial and Appeal Board's invalidation of Centripetal Networks LLC cybersecurity patent claims challenged by Cisco Systems Inc. in a high-stakes dispute, but rejected Centripetal's argument that the case was tainted by a PTAB judge's ownership of Cisco stock.
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October 22, 2025
Ohio Derailment Attys Can Start Contempt Bid Before Audit
An Ohio federal judge has granted a request from class counsel to advance a bid to hold the administrator of Norfolk Southern's $600 million derailment settlement in contempt without having to wait for the results of a court-ordered audit.
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October 22, 2025
Tax Court Judge Warns Against Unchecked AI Use In Filings
A U.S. Tax Court judge cautioned attorneys Wednesday against relying on artificial intelligence to write filings without verifying the information it generates, saying recent "unfortunate incidents" have prompted the court to double down on accuracy in using such tools.
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October 22, 2025
Privilege 'Dramatization' Won't Shield 7K Docs In Ads MDL
An Illinois federal judge took Meredith, Nexstar, Sinclair and other broadcasters to task Monday for trying to withhold 6,893 documents in multidistrict litigation alleging a television advertising price-fixing scheme, finding it "necessary to level set with defendants" on their own failings to justify withholding the material from ad buyers.
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October 22, 2025
Feds Fight Early Release For Atty Convicted Of $550M Fraud
Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.
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October 22, 2025
NY Atty Shouldn't Bring FCA Suit Against Ex-Client, Bar Says
A New York attorney has been cautioned that, in most cases, it is unethical to act as a relator in a qui tam False Claims Act suit against his former client, with new guidance warning against using information gained during representation to later bring such claims against former clients.
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October 22, 2025
Calif. Judge Censured For Delayed Rulings, Lying About Them
A California state judge has been publicly censured for taking more than six months to issue some decisions and lying about those delays on his salary affidavits, according to the state's judicial ethics body.
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October 22, 2025
Ex-NY AGs Say James Case Will Rally Office: 'Fuel To The Fire'
New York Attorney General Letitia James' criminal prosecution is unlikely to have any significant effect on the day-to-day operations of her office, including its suits against the federal government and an appeal in President Donald Trump's nearly $500 million civil fraud case, but former leaders of the office say it could strengthen the resolve of her staff.
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October 21, 2025
Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.
Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Baker McKenzie Can't Get Illinois Malpractice Suit Tossed
An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Cybersecurity Co. Wants Sanctions For 'Frivolous' Patent Suit
A Georgia-based cybersecurity firm facing allegations that it ripped off a software developer's patent called for sanctions Tuesday against the developer for his "frivolous" lawsuit, arguing his complaint misrepresents the "clear and unmistakable" language of a deal to give the company use of the technology.
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October 21, 2025
Colo. Federal Courts Halt Atty Discipline For Shutdown
The U.S. District Court for the District of Colorado has suspended all attorney discipline investigations in light of the government shutdown.
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October 21, 2025
Fla. Investor Sues NY Atty Over Litigation Funding 'Scheme'
A New York lawyer is facing state court claims alleging he scammed a Florida investor out of more than $2.5 million by "effectively running a Ponzi scheme" under the guise of a litigation finance investment.
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October 21, 2025
Georgia Atty Can't Shake Contempt Conviction For Tardiness
An attorney who was hours late for jury selection in a felony case in Georgia received adequate notice that the matter was set for trial and cannot avoid a judge's criminal contempt finding, a state appellate panel ruled Tuesday.
Expert Analysis
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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.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.