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Legal Ethics
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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.
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April 23, 2025
Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says
A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.
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April 23, 2025
Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear
A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.
Expert Analysis
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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Key Ethical Issues For Gov't Attys Moving To Private Practice
Transitioning from government service to private practice presents complex ethical challenges for attorneys, including navigating conflicts of interest, confidential information rules and post-employment restrictions, say attorneys at HWG.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.