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Legal Ethics
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April 25, 2025
Wis. Judge Charged With Shielding Migrant From ICE Arrest
The FBI arrested a Milwaukee state judge on Friday for allegedly blocking federal immigration officials from apprehending an unauthorized migrant by purportedly sneaking him through a jury door earlier this month to avoid U.S. Immigration and Customs Enforcement officers, according to court documents.
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April 25, 2025
NJ Firm Says Worker's Discovery Failures Doom Wage Suit
A former employee of a personal injury law firm has failed to respond to its discovery requests in her lawsuit alleging she was paid less than men and harassed while she was pregnant, and her case should therefore be thrown out, the firm told a New Jersey state court.
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April 25, 2025
Mich. Firm Opposes Fee Bid For 'Mishandled' Civil Rights Case
A Michigan law firm is opposing a request for excessive fees from lawyers who it says improperly withdrew from a suit they "mishandled" that nevertheless succeeded, asking a federal judge to instead determine a reasonable fee split.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 25, 2025
Incarcerated Ex-Nelson Mullins Atty Suspended In Ohio
The Ohio Supreme Court has suspended a former Nelson Mullins Riley & Scarborough LLP attorney, who is serving a one-year jail sentence for disobeying law enforcement orders, from practicing law in the Buckeye State.
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April 25, 2025
9th Circ. Won't Revive Judicial Complaint Over Detained Atty
The Judicial Council of the Ninth Circuit will not revive a judicial complaint brought against a federal judge after an attorney was held in contempt and taken into custody for repeated outbursts and arguing with the judge during a 2021 jury trial.
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April 24, 2025
Skadden Meddled With Internal Trump Deal Talk, NLRB Told
A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.
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April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges
The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
Lawmakers Seek Answers From Law Firms Over Trump Deals
Democratic congressional members on Thursday demanded that Kirkland & Ellis, Latham & Watkins and seven other BigLaw firms provide more details on multimillion-dollar deals they've recently cut with the Trump administration, urging the firms to void their agreements while arguing they may violate numerous anti-bribery and legal ethics statutes.
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April 24, 2025
Mass. DA Says No Basis For Contempt Against ICE Agent
The chief prosecutor for Boston said Thursday he will not pursue a criminal contempt complaint against a U.S. Immigration and Customs Enforcement agent who took a defendant into custody in the middle of a trial last month, calling a state court judge's finding and referral "patently illegal."
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April 24, 2025
Mich. Judge Won't Halt Atty's State Cases For Retaliation Suit
An attorney pursuing a sexual harassment suit against her former boss and mentor should ask the Michigan state court to stay allegedly retaliatory actions pending there, a Michigan federal judge has ruled, denying the lawyer's request to step in under the All Writs Act to pause the related actions.
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April 24, 2025
Ex-Bank GC Gets 4-Year Sentence In $7.4M Fraud Scheme
A former Webster Bank general counsel and corporate secretary was sentenced Thursday to four years behind bars after pleading guilty to spending nearly eight years embezzling $7.4 million and funneling at least some of the money through his personal attorney trust accounts.
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April 24, 2025
Creek Can't Block Tulsa County Officials In Jurisdiction Fight
An Oklahoma federal judge denied a bid by the Muscogee (Creek) Nation to block Tulsa County officials from asserting criminal jurisdiction on its reservation, saying it has yet to show that its interests outweigh that of enforcing laws against Native Americans who don't belong to the tribe.
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April 24, 2025
Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement
A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.
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April 24, 2025
'Egregious' Delays Wipe Out Ga. Health Fraud Case
A Georgia federal judge on Thursday dismissed an eight-year-old case over alleged Medicaid fraud, calling the government's delays in bringing three healthcare executives to trial "egregious" and noting that the alleged criminal conduct took place between 12 and 25 years ago.
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April 24, 2025
NY AG Says Housing Fraud Claim Is 'Retribution' By Trump
New York Attorney General Letitia James on Thursday pushed back on claims by a federal housing official that she committed mortgage fraud, with her counsel branding it "the latest act of improper political retribution" directed by President Donald Trump after James' office secured a nearly half-billion dollar civil fraud judgment against him.
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April 24, 2025
Ex-BigLaw Atty's Plea Deal At Center Of Death Proceeds Suit
The godson of a Georgia woman fatally shot by her husband, a former BigLaw partner, has pushed back against a claim from the administrator of the woman's estate regarding a provision in the attorney's plea deal that assigned wrongful death settlement proceeds to the godson and his brother.
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April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage
Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.
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April 24, 2025
Tenn. Middle District Proposes Rule Change Amid Speech Suit
The four district judges of the Middle District of Tennessee have proposed an update to the local rules of court, including clarifying limits on what lawyers may tell the press amid civil proceedings, while a Nashville lawyer's free speech suit against the district is on appeal before the Sixth Circuit.
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April 24, 2025
ABA Sues DOJ For Ending Domestic, Sexual Violence Grants
The American Bar Association sued the U.S. Department of Justice on Wednesday for terminating its grants to the Bar's Commission on Domestic and Sexual Violence, one of several federal funding cuts the ABA says are compelling it to lay off more than 300 people.
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April 24, 2025
Mich. Justices Deny Proposal For Reporting Suicide Threats
A divided Michigan Supreme Court has rejected a proposed professional ethics rule that would have permitted lawyers to disclose a client's threat of self-harm as an exception to attorney-client confidentiality.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 23, 2025
Susman Godfrey Seeks Permanent Shut Down Of Trump Order
Susman Godfrey LLP on Wednesday urged a D.C. federal court to permanently block President Donald Trump's executive order revoking the law firm's access to government resources, chiding the order as a clear case of "unconstitutional retaliation" and an obvious bid to "chill protected advocacy."
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April 23, 2025
California Bar Says It Used AI To Craft Some Exam Questions
The State Bar of California used artificial intelligence to develop certain multiple-choice questions that were included in the February exam, a revelation that left one law school assistant dean "shocked" and a move that the state bar said was "not clearly communicated" to its own leadership.
Expert Analysis
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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.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.