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Legal Ethics
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October 15, 2025
3rd Circ. Preview: US Atty, Columbia Activist, Ex-Union Prez
The Third Circuit's late October arguments will include two nationally watched cases scrutinizing President Donald Trump's power to name "interim" government officials and his promise to deport foreign nationals who allegedly supported Hamas or took part in protests against Israel's war in Gaza.
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October 14, 2025
NJ, Del. Judges Stress Value Of Local Counsel For IP Attys
Six judges with significant experience overseeing pharmaceutical patent litigation in the districts of New Jersey and Delaware urged litigators on Tuesday to rely on the expertise of local counsel if they're hoping to impress the court.
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October 14, 2025
High Court Won't Review DOJ Office's Atty-Client Intrusions
The U.S. Supreme Court declined Tuesday to scrutinize whether prosecutorial intrusions on attorney-client communications violate the constitutional right to counsel, ending a prominent challenge to practices that led to a U.S. Department of Justice office being held in contempt.
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October 14, 2025
Skinny Labels, Orange Book Take Center Stage In IP Talks
Patent litigators focused on pharmaceuticals and biotechnology met Tuesday to work through the biggest issues in their industries, including possible reform to skinny label law, frustration with position-switching in litigation, concerns about when to list patents in the U.S. Food and Drug Administration's Orange Book and data on the relatively low impact of new policies at the U.S. Patent and Trademark Office.
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October 14, 2025
California Bans Fee Sharing With 'Alternative' Law Firms
California Gov. Gavin Newsom has signed a bill into law that blocks Golden State lawyers and firms from sharing contingency fees with out-of-state firms owned by non-lawyers.
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October 14, 2025
Mining Company Seeks Judge's Removal From Citgo Auction
A bidder in the sale of Citgo's parent company to satisfy billions of dollars of Venezuelan debt has asked to disqualify a Delaware federal judge from the forced judicial auction, saying it submitted the top bid of $7.9 billion but unfairly lost out to a competitor's lower bid.
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October 14, 2025
Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias
A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.
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October 14, 2025
Judge Denies Gov't's 'Overbroad' Comey Discovery Proposal
A Virginia federal judge has shot down prosecutors' recommendations for a protective order covering discovery material such as law enforcement documents and private communications in its case against ex-FBI Director James Comey, calling the proposal "overbroad" as it would have kept Comey's attorneys from leaving discovery material with Comey himself.
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October 14, 2025
Voting Rights Case Could Further Chief's 'Central Project'
As a 20-something special assistant in President Ronald Reagan's Department of Justice, John G. Roberts Jr. argued a test focused on the discriminatory effects of legislative redistricting on minority voters would be unconstitutional. Now, four decades later and as chief justice of the United States, he has a chance to make that view the law of the land.
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October 14, 2025
Fla. Woman Gets Life In Prison For FSU Law Prof Murder
A Florida state court judge has sentenced Donna Adelson to life in prison after a jury found her guilty last month of masterminding a plot to hire hit men to kill her former son-in-law, Dan Markel, who was a law professor at Florida State University.
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October 14, 2025
NJ Mayor Pans US Atty's 'Breathtaking' False Arrest Defense
Newark Mayor Ras Baraka on Tuesday slammed a move by acting New Jersey U.S. Attorney Alina Habba to escape his malicious prosecution and false arrest civil suit as doomed to fail.
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October 14, 2025
NY State Court Sanctions Atty For Doubling Down On AI
A New York state court said a New Jersey-based attorney must face sanctions for both submitting filings with inaccurate and outright made-up case details written in part by artificial intelligence and for subsequently doubling down by submitting more "AI-hallucinated" material to defend his conduct.
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October 14, 2025
Calif. Bar Won't Tweak Scores Despite Accommodation Errors
The committee in charge of overseeing the California bar exam has announced it will not be seeking further score adjustments for test-takers whose approved accommodations were not provided in the fraught February 2025 exam.
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October 14, 2025
Musk Blasts Investors' Late Bid To DQ Spiro In Twitter Case
Elon Musk should be allowed to keep lead trial counsel Alex Spiro since the investors accusing the billionaire of trying to tank Twitter's stock waited until the last minute to attempt to disqualify Spiro, who has Musk's consent to his being both trial counsel and witness, Musk told a California federal judge.
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October 14, 2025
Ex-OneTaste Staffer Fights Firm's Bid To Toss Malpractice Suit
A former OneTaste employee is urging a Pennsylvania federal court to reject Kohn Swift & Graf PC's bid to dismiss her legal malpractice suit alleging that the firm was negligent when it represented her in connection with a federal subpoena related to an investigation of the sexual wellness company, asserting that her claims are valid.
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October 14, 2025
Judges Back Ga. County's Use Of Outside Attys In Opioid Suit
The Georgia Court of Appeals has backed the dismissal of a lawsuit by Publix Supermarkets claiming a metro Atlanta county unconstitutionally hired outside counsel to pursue opioid litigation against the grocery chain, ruling Publix had "done nothing to assuage" the court's reasons for throwing out an almost identical suit earlier this year.
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October 14, 2025
Florida Supreme Court Rejects Bid For Bondi Ethics Probe
The Supreme Court of Florida has ended an attorney's attempt to force the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct after finding that he failed to show a clear legal right to do so.
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October 14, 2025
Ex-Atty Says Contested Embezzlement Not Denial Of Remorse
A Pennsylvania attorney disbarred for allegedly embezzling money from the Philadelphia school district told an ethics panel Tuesday that he should be reinstated because a disciplinary hearing committee ignored evidence that he had shown remorse, all while denying he'd directly benefited from the scheme.
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October 10, 2025
DUI Defendant Can't Blame Atty For Gun License Suspension
A lawyer's failure to alert his client that a drunken-driving conviction would cost him his license to carry a gun is not ineffective assistance of counsel, a Massachusetts intermediate-level appeals court panel concluded.
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October 10, 2025
High Court To Eye Limits On Appeal Waivers In Plea Deals
The U.S. Supreme Court will consider which exceptions might apply to criminal appeal waivers, which are common in plea deals, the court announced Friday.
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October 10, 2025
11th Circ. Says Insurer Must Defend Atty Malpractice Suit
A law firm's professional liability insurer has a duty to defend it and one of its attorneys in an underlying malpractice lawsuit stemming from their representation of defendants that faced civil forfeiture claims, the Eleventh Circuit ruled Friday, finding that a "misappropriation exclusion" did not wholly foreclose coverage.
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October 10, 2025
Atty's Due Process Claims Challenging Disbarments Trimmed
A former attorney has had most of a due process suit fighting his disbarment in Florida and reciprocal discipline in Massachusetts and New York thrown out, with a Manhattan federal judge finding that New York lacks personal jurisdiction over out-of-state disciplinary officials.
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October 10, 2025
Ex-Judge Claims Illegal Arrest May Have Cost Him Reelection
A former Washington state judge claims in a new lawsuit that his roadside stop and subsequent arrest by Grays Harbor County sheriff's deputies violated his constitutional rights and may have cost him his seat on the bench, noting that a county prosecutor later challenged him in an election and won.
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October 10, 2025
Retribution, Intent Claims May Defuse Bombshell James Case
The Trump administration's indictment of New York Attorney General Letitia James is tightly crafted and offers a straightforward presentation of the government's case, but experts say James appears to have a strong argument that she did not intend to break the law and is being unfairly targeted for what amounts to a minor offense.
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October 10, 2025
More Disciplinary Info On Atty Sent To Judge In Flores Case
An attorney representing the NFL in the racial discrimination dispute with former head coach Brian Flores has informed a New York federal judge of additional disciplinary action against the former attorney for one of Flores' co-plaintiffs, as the judge is investigating whether the lawyer misrepresented his license to practice.
Expert Analysis
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Opinion
Time For Full Disclosure Of Third-Party Funding In MDLs
It is appropriate that the Federal Advisory Committee on Civil Rules is considering a rule to require disclosure of third-party litigation funding in civil litigation — something that is particularly needed in multidistrict litigation, which now comprises more than half of all civil cases in the federal courts, says Eric Hudson at Butler Snow.
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DC Circ. Ruling Augurs More Scrutiny Of Blanket Gag Orders
The D.C. Circuit’s recent ruling in In re: Sealed Case, finding that an omnibus nondisclosure order was too sweeping, should serve as a wake-up call to prosecutors and provide a road map for private parties to push back on overbroad secrecy demands, says Gregory Rosen at Rogers Joseph.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.