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Legal Ethics
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death Thursday of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
AG Fights Ex-Immigration Judge's Disability Bias Claim In Fla.
U.S. Attorney General Pam Bondi pushed back Friday on a former immigration judge's bid for a disability discrimination ruling in her favor, telling a Florida federal court that her requested transfer wasn't approved since there were no vacancies in her desired Orlando court during her tenure.
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May 09, 2025
More BigLaw Partners Back Jenner & Block In EO Suit
The number of BigLaw partners publicly backing litigation against the federal government over executive orders targeting firms continues to grow, as a group representing more than 800 partners and members of major U.S. law firms has filed an amicus brief in support of Jenner & Block.
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May 09, 2025
Law Firms Sued For Malpractice In NJ Over Ice Cream Venture
A Florida doctor has launched a legal malpractice suit against Greenbaum Rowe Smith & Davis LLP, Fox Rothschild LLP and a number of attorneys, including one described as a "lifelong trusted friend," in New Jersey state court alleging they cost him over $3 million by mishandling an ice cream business project.
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May 09, 2025
Lucosky Brookman Faces Malpractice Suit Over NYC Site Sale
Lucosky Brookman LLP, a boutique corporate finance and securities firm, was hit with a malpractice suit in New Jersey state court by a former client alleging the firm failed to warn it about a decades-old agreement that would restrict its ability to build on a New York City site.
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May 09, 2025
Chicago Firm Converted $500K Owed To Creditor, Suit Says
Chicago-based Johnson & Bell LLP has been sued in Illinois state court by a New York creditor who says the firm illegally "paid itself" with a client's $500,000 settlement even though it knew he held a $2.2 million priority interest in that client's assets.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
Shutts & Bowen Eyes Sanctions Over Country Club Sale Suit
Florida firm Shutts & Bowen LLP is continuing its pushback against a real estate corporation's malpractice lawsuit alleging it sank the sale of a country club, this time serving a motion for sanctions in the state court.
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May 09, 2025
Split Texas High Court Nixes Barratry Claims Against Attys
A split Texas Supreme Court said Friday that anti-solicitation claims fail against Texas lawyers who allegedly used "case runners" to pursue car accident clients in Arkansas and Louisiana because the conduct occurred outside the Lone Star State.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption
The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
5th Circ. Wipes Out Southwest Attys' Religious Training Order
The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.
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May 08, 2025
Pa. Judge Gives Final OK To $1.1M Inquirer Data Breach Deal
A Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta has granted final approval to a $1.1 million settlement, including nearly $375,000 in attorney's fees.
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May 08, 2025
Ramey IP Atty Likely To Get Sanctioned Over Netflix Doc Swap
A California federal judge indicated Thursday he'll likely grant Netflix's request for monetary sanctions against a prolific patent plaintiff's former counsel William Ramey and the Ramey LLP law firm for giving Netflix's confidential information to nonparty AiPi LLC, but probably won't pursue the streamer's request for a civil contempt finding.
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May 08, 2025
Judge Seems To Favor Susman Godfrey In Trump Challenge
A D.C. federal judge appeared poised Thursday to allow Susman Godfrey LLP's challenge to President Donald Trump's executive order targeting the firm to proceed or to grant the firm a summary judgment win altogether, after she pressed a government attorney on the president's basis for alleging discrimination at the firm.
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May 08, 2025
Dentons Europe, Houston Co. To Settle $4.7M Fee Dispute
Dentons Europe CS LLP and Houston-area Guidry & Associates Inc.'s $4.7 million fee dispute was dismissed Thursday after the parties notified the court of settlement talks.
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May 08, 2025
Musk Objects To New Job For SEC's Former Litigation Chief
Elon Musk is opposing a move by plaintiff-side firm Bernstein Litowitz Berger & Grossmann LLP to hire the U.S. Securities and Exchange Commission's former chief litigation counsel, arguing in a court filing that the lawyer "played a personal and substantial role" in suing Musk while at the SEC.
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May 08, 2025
Apple Asks 9th Circ. To Pause New App Store Injunction
Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.
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May 08, 2025
Ga. Atty Wins Appeal In 'Too Broadly' Applied Fees Ruling
A Georgia Court of Appeals panel on Thursday threw out a trial court order requiring an Atlanta-based family law attorney and his client to pay about $86,484 in attorney fees from a contested divorce proceeding, finding that the trial court applied a statute "too broadly" among other missteps.
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May 08, 2025
Fla. Judge To Get Reprimand For Calling Attorney An 'Ass'
The Florida Supreme Court on Thursday accepted a recommendation from the state's judicial disciplinary body to publicly reprimand a state judge who has apologized for calling an assistant state attorney an "ass" and making other inappropriate remarks directed toward prosecutors.
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May 08, 2025
Fla. Judge Suspended For Spreading Campaign Gossip
A Florida state judge will be suspended for 10 days without pay after she admitted that actions she took during her 2022 reelection campaign violated the code of judicial conduct, the state Supreme Court ruled Thursday.
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May 08, 2025
ABA Defends Free Speech In Response To DOJ's Grant Cutoff
The American Bar Association has told the D.C. federal court the U.S. Department of Justice's decision to cut domestic violence-related grants to the ABA violates its First Amendments rights and sets a precedent that would allow the government to "silence all manner of opposition."
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May 08, 2025
Convicted Atty In Embassy Attack Seeks To Avoid Restitution
A Florida attorney sentenced to 8 ½ years in prison for damaging a San Antonio sculpture and unsuccessfully trying to detonate explosives outside the Chinese Embassy in Washington, D.C., has asked the court to eliminate his $325,000 restitution obligation because of his inability to pay.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Perspectives
The Benefits Of Aligning States On Legal Paraprofessionals
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.