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Legal Ethics
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July 21, 2025
Trump DOJ To Appeal Axing Of Order Targeting Jenner & Block
The U.S. Department of Justice plans to fight a federal judge's ruling that struck down President Donald Trump's executive order targeting Jenner & Block LLP, as it filed a notice of appeal Monday in D.C. federal court.
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July 21, 2025
Uber Sues LA Law Firms Over Alleged Crash Fraud Scheme
Uber Technologies Inc. filed a lawsuit Monday against two Los Angeles personal injury firms, two of their attorneys and others, alleging the ride-sharing company is being targeted by a scheme involving fraudulent personal injury claims arising from motor vehicle accidents.
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July 21, 2025
Dinsmore Seeks To End LabMD's Malpractice Suit
Dinsmore & Shohl LLP and a legal nonprofit have urged a Georgia federal court to toss a malpractice lawsuit brought by now-shuttered LabMD, saying the defunct cancer diagnostic company has abandoned the case which was ordered to arbitration two years ago.
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July 21, 2025
Judge Won't Recuse Over Past Work With DraftKings Counsel
A California federal judge presiding over a proposed class action against DraftKings regarding its fantasy sports games offerings rejected a request from the plaintiffs to recuse himself over concerns that an attorney for the defense has ties to the court.
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July 21, 2025
Senate Panel To Revote On US Atty Noms After Dem Walkout
The Senate Judiciary Committee is poised to revote on five U.S. attorney nominees on Thursday, including Jeanine Pirro, former Fox News host and New York state judge, after Democrats walked out of last week's meeting over objections to how the consideration of controversial Third Circuit nominee Emil Bove was being handled.
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July 21, 2025
How Criminal Law Is Shaped By Administrative Decisions
Behind line prosecutors are administrators, policies, and day-to-day logistics that enable and shape not only prosecutors' work but trends in how justice is administered throughout the country, according to a New York University School of Law professor and researcher.
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July 21, 2025
Pot Drink Co.'s Case Belongs In Arbitration, Stoel Rives Says
Stoel Rives LLP and a group of its clients are urging a California federal court to send a fraud suit brought by a maker of nonalcoholic cannabis drinks back to arbitration, arguing all the claims are subject to a valid arbitration agreement.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Top 4 Texas Court Rulings Of 2025: Midyear Report
Texas courts made several high-profile decisions in the first half of 2025, including backing a multibillion-dollar mattress merger, awarding more than $6 million to employees fired by Texas Attorney General Ken Paxton, and granting the state a $1.4 billion data privacy settlement with Google. Here are four of the biggest court rulings in Texas so far this year.
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July 18, 2025
Geragos Owes $100K For Role In Nike Extortion, Jury Says
Celebrity attorney Mark Geragos was ordered to pay $100,000 to a youth basketball coach by a Los Angeles jury that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike that landed Avenatti with a 2½ year prison sentence.
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July 18, 2025
California Courts Set AI Rules Allowing Flexibility For Judges
The Judicial Council of California approved a policy Friday for rules and standards on the use of generative artificial intelligence for judges and court staff, with the chair of the council's AI task force saying the policy provides flexibility by allowing courts to either adopt the technology or ban it.
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July 18, 2025
Judge Advised Against State AG Intervention In Sandoz Deal
A special master on Friday advised a Pennsylvania federal court to deny a bid by California and other state attorneys general to intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz, finding they lacked standing to represent the interests of consumers.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Ex-CEO Again Pushes For Standing In Judge Romance Case
The former CEO of a defunct barge company has again urged a court to rule that he has standing to sue over a former bankruptcy judge's secret romance with an attorney, writing in a supplemental filing that "certain issues" had "not been fully briefed."
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July 18, 2025
7th Circ. OKs FBI Withholding Of Ex-Atty's Informant Records
The Federal Bureau of Investigation did not violate the Freedom of Information Act by providing only some of the documents former lawyer Joel Brodsky requested related to his work as a confidential informant on corruption and murder investigations, the Seventh Circuit found on Friday, ruling that the FBI had properly justified its rationale.
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July 18, 2025
Pillsbury Atty Fights Sanctions In Nurse Wage-Fixing Case
A partner with Pillsbury Winthrop Shaw Pittman LLP told a Nevada federal court he should not be sanctioned for using a poor choice of words when communicating with the government about the availability of an expert witness during a wage-fixing and wire fraud trial.
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July 18, 2025
Ex-Judge Wants NJ Subpoenas Quashed In Suit Over Removal
A former workers' compensation judge suing New Jersey over her removal from that post says that the state committed "blatant harassment" by sending subpoenas to her former employers over wage information that it could have obtained in less intrusive ways.
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July 18, 2025
NYC Bar Pushes Random Audits To Curb Atty Fund Misuse
Due to an upward trend in attorney trust account violations across the state of New York, the New York City Bar Association's Professional Discipline Committee has asked the grievance committees in the First and Second Judicial Departments to develop a pilot random audit program for such accounts.
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July 18, 2025
Fla. Judge Suspended Over 'Unacceptable' Political Donations
A Florida state court judge found to have violated judicial canons by donating funds to the election campaigns of Kamala Harris and Joe Biden and improperly discussing her own reelection campaign has been hit with a 10-day suspension by the Sunshine State's high court.
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July 17, 2025
LA Ex-Judge Admonished For 'Discourteous,' 'Demeaning' Talk
California's Commission on Judicial Performance has publicly admonished a retired Los Angeles state judge for a pattern of "discourteous, undignified and impatient" behavior that also involved "demeaning" remarks toward women, findings that the judge said don't reflect "the full complexity of the circumstances."
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July 17, 2025
FedEx Must Face Drivers' OT Suit After Sanctions Bid Fails
A Massachusetts federal judge on Thursday denied FedEx's motion for sanctions seeking to dismiss one of several overtime lawsuits filed on behalf of drivers who worked for the shipping giant through intermediary employers, rejecting the company's assertion that the litigation seeks to "harass FedEx into settlement."
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July 17, 2025
SEC Atty Exits After Hiding Revoked License, OIG Says
A longstanding employee of the U.S. Securities and Exchange Commission resigned after it was discovered that they had falsely reported being in good standing with a state bar association, according to the regulator's inspector general.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
5 Things To Know As California Courts Decide On AI Rule
Fourteen months after California Supreme Court Chief Justice Patricia Guerrero first convened a task force to study potential benefits and risks of using artificial intelligence in the court system, the Judicial Council of California is poised Friday to consider the proposed rules and standards the task force developed.
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July 17, 2025
J&J Loses Bid To DQ Beasley Allen From Talc MDL Committee
A New Jersey federal judge on Thursday denied Johnson & Johnson's bid to remove the Beasley Allen Law Firm from the plaintiffs steering committee in the multidistrict talc litigation but said that changes would be made to the committee's structure.
Expert Analysis
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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When Investigating An Adversary, Be Wary Of Forged Records
Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.
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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.