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Legal Ethics
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June 17, 2025
Gemini Says CFTC Enforcement Went 'Trophy-Hunting' In Suit
The crypto exchange Gemini on Tuesday slammed the U.S. Commodity Futures Trading Commission's Enforcement Division and the attorneys who pursued a now-settled case against the firm, calling the division "out of control" and accusing its attorneys of engaging in "trophy-hunting lawfare."
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June 17, 2025
Hyundai Dealership Sues Snell & Wilmer Over 'Botched' Filing
A Los Angeles Hyundai dealership has hit Snell & Wilmer with a professional negligence lawsuit in California state court, accusing the firm and three attorneys of lying about an allegedly obviously "botched" arbitration motion in underlying litigation and then pursuing a meritless appeal costing Hyundai over $725,000 in unwarranted fees.
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June 17, 2025
Burford Blasts Interference Claim In Chicken Price-Fix Case
The Illinois federal judge handling consolidated price-fixing litigation against the nation's largest chicken producers should throw out the settlement interference counterclaim Tyson lodged alongside its answer in the case because it is no more than a speculation-based "fishing expedition," litigation funder Burford Capital argued.
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June 17, 2025
NJ Supreme Court Rejects Judicial Privacy Law Challenge
The New Jersey Supreme Court on Tuesday threw out a journalist's constitutional challenge to the judicial privacy measure Daniel's Law, finding it serves "a state interest of the highest order" in seeking to keep certain public officials out of harm's way.
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June 17, 2025
Judge OKs Deal To End LeClairRyan Founder Tax Claims
A Virginia bankruptcy judge Tuesday approved a settlement striking LeClairRyan PLLC founder Gary LeClair from the list of owners of the defunct firm, relieving him of responsibility for a share of the firm's nearly $21 million in tax liabilities.
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June 16, 2025
Davis Wright Must Face Employment Atty's Defamation Claim
A Washington state judge refused to toss in their entirety an employment attorney's defamation claims against Davis Wright Tremaine LLP and other firm partners, finding Washington's Uniform Public Expression Protection Act shields the firm from some of the attorney's allegations, but not all.
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June 16, 2025
Telecoms Shareholder Gets Sanctions Lifted In Control Fight
A New York federal judge has vacated his order sanctioning an investor in telecommunications infrastructure firm Continental Towers LATAM Holdings Ltd. for ignoring arbitral awards issued in a bitter, yearslong dispute over control of the company, saying the man wasn't properly served.
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June 16, 2025
Canadian Atty Must Pay SEC $323K Over Stock Promotion
A Canadian securities attorney will pay over $323,000 to resolve U.S. Securities and Exchange Commission allegations that he drafted and executed sham consulting agreements at the heart of a scheme to conceal pay-for-play promotion of two so-called Regulation A offerings.
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June 16, 2025
TM Registration Co. Sanctioned Over Attorney Signatures
A Mumbai-based business that offers trademark registration services was blocked by the U.S. Patent and Trademark Office from submitting any more trademark documents, after an investigation found it forged counsel signatures.
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June 16, 2025
Colo. Justices Allow Malicious Prosecution Case To Proceed
The Colorado Supreme Court on Monday ruled unanimously that a plaintiff may still have probable cause in a malicious prosecution case even if they were unable to win in the original case at summary judgment.
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June 16, 2025
Fla. Justices To Weigh 'Blindfolded' Jury Selection Procedure
The Florida Supreme Court has agreed to consider whether a so-called blindfolded jury selection method was fair to a man serving a life sentence for a murder conviction.
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June 16, 2025
Winery Can't Overcome Ex-Atty's 'Negligence' In Noise Suit
The Pennsylvania Superior Court held in a precedential ruling that the negligence of a winery's former counsel in failing to communicate with the winery during litigation over operating in a neighborhood isn't a good enough reason to reverse an order shutting it down.
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June 16, 2025
Convict's Outbursts Didn't Warrant DQ, Conn. Justices Rule
A Connecticut trial court judge acted within his power to consider and then add three criminal contempt sentences to a murder convict's prison term after the defendant hurled a series of racial and profane attacks at the court when a habeas corpus hearing concluded, the state's highest court ruled Monday.
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June 16, 2025
Ga. Judge Won't Revive Attorney's Lien On Former Client
The former attorney of a onetime Georgia county auditor cannot recover attorney fees from her earlier representation of the auditor in a whistleblower suit, a federal judge has ruled, finding she failed to prove she was prevented from fully and fairly litigating her case.
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June 16, 2025
NJ Atty Disciplined For Private Law Work On GC Role Time
A former general counsel for a New Jersey public agency previously fined for ethics breaches has now been censured, with the state Supreme Court issuing the discipline after finding he operated a private law practice out of his office at the agency.
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June 16, 2025
Firm Slams Insurer's Bid To Exit Malpractice Coverage Suit
A Berkshire Hathaway unit can't use misdirection to duck a negligence suit claiming the insurer's failure to defend a negligence lawsuit against a Georgia personal injury law firm led to a $2.6 million default judgment against the firm, according to a recent filing in Georgia federal court.
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June 16, 2025
Calif. Bar Panel Upholds Recommending Eastman Disbarment
A panel of the California State Bar Court's Review Department has affirmed the March 2024 recommended disbarment of President Donald Trump's former attorney, John Eastman, over attempts to overturn the results of the 2020 presidential election.
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June 16, 2025
Fake NY Lawyer Admits To Stealing Over $290K From Clients
A New York man admitted Monday that he posed as a lawyer to steal over $290,000 from people who thought he was doing class action, discrimination and other legal work, copping to larceny and fraud charges in state court.
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June 16, 2025
Biz Seller Seeks Atty Fees After Win In 'Frivolous' Fraud Case
The former owner of a North Carolina concrete company is seeking attorney fees after defeating a buyer's fraud suit in a rare midtrial victory, saying her opponent should have to cover her legal costs for bringing claims to trial that were both "frivolous" and "malicious."
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June 16, 2025
Fla. Judge Denies Ethics Breach Over Fake Recording
A judge in Broward County, Florida, pushed back on ethics charges accusing her of publicly sharing a fabricated recording of a chief judge disparaging another judge in her 2024 election campaign, saying her actions did not violate the Code of Judicial Conduct.
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June 16, 2025
Texas Bar Limits Attorney Nondisparagement Clauses
In a formal ethics opinion this month, the State Bar of Texas said nondisparagement clauses dealing with the practice of law cannot apply to lawyers licensed in the state, but attorneys could be subject to provisions involving their personal speech.
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June 13, 2025
Wash. Judge Tosses IUD Suit Against Bayer For Good
Bayer has beat a negligence lawsuit filed by a woman who claims its Mirena IUD perforated her uterus and migrated after the patient failed to oppose the company's motion to dismiss, a Washington federal judge ruled.
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June 13, 2025
Quinn Emanuel Drops Binance Founder Amid $8M Fraud Suit
Quinn Emanuel Urquhart & Sullivan LLP has withdrawn as counsel for the founder of Binance amid an $8.1 million lawsuit against him, telling a Massachusetts federal judge that the former cryptocurrency exchange executive has breached an agreement with the law firm and moved for arbitration against it.
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June 13, 2025
Calif. State Bar Is Immune From Atty's ADA Suit, 9th Circ. Says
The Ninth Circuit on Friday declined to revive an attorney's claims alleging the California State Bar violated the Americans with Disabilities Act by not granting extra time to respond to disciplinary action based on outstanding debt, finding the bar, as an arm of the state, is entitled to sovereign immunity.
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June 13, 2025
The Law Firm Loophole: How Debt Cos. Snare NC Consumers
To get around bans in North Carolina and many other states, debt relief companies set up facade law firms — companies that are law firms in name only, with a tiny number of lawyers nominally serving thousands of clients, consumer advocates and regulators say.
Expert Analysis
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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.
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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.