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Legal Ethics
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October 03, 2025
NY Atty's Big Mouth Wins Client New Trial
A New York appeals court has reversed a man's 6½-year sentence for weapons possession and granted him a new trial after finding his defense attorney "created an actual conflict of interest by prematurely disclosing confidential information to the court."
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October 03, 2025
Vanderbilt Law Grad Says Wrongful Conviction Ruined Dream
A graduate of the prestigious Vanderbilt Law School has been shut out of the legal profession for years because Connecticut police and his own criminal defense attorneys worked to ensure that he was wrongfully convicted of assault, according to a civil rights and legal malpractice lawsuit this week removed to federal court.
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October 03, 2025
Ga. Judge 'Cannot Be Trusted,' Must Leave Bench, Panel Says
The Georgia Judicial Qualifications Commission is recommending that a judge who gave dishonest testimony regarding wide-ranging allegations of misconduct, including the illegal arrest and false imprisonment of a witness, should be kicked off the bench, saying that a judge who "cannot be trusted to tell the truth cannot be trusted to remain in office."
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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.
Expert Analysis
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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.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.