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Legal Ethics
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May 19, 2025
Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says
A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.
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May 16, 2025
9th Circ. Mulls DOJ Shield Of Jones Day VW Documents
A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
Injured Ross Shopper Sanctioned For Discovery Violations
A woman suing Ross Dress for Less Inc. for injuries she suffered in a fall was sanctioned for failing to disclose that she received medical treatment stemming from a car accident two years prior, but a Florida federal judge stopped short of granting the "ultimate" sanction of dismissal.
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May 16, 2025
Attys With 'Borrowed' Claims Can't Skip Inquiry, Lumen Says
Telecommunications company Lumen has told the Colorado Supreme Court that attorneys still need to conduct their own "objectively reasonable inquiry" when borrowing claims from outside litigants, in the hopes of beating a shareholder suit that took allegations from other cases despite attorneys not speaking to the witnesses.
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May 16, 2025
Accused Fox Video Hacker's Attys Slammed For Fake Citations
A Florida federal judge has ordered an alleged Fox News video hacker's dismissal motion stricken from the record after finding it was full of fake legal citations and demanded an explanation from defense attorneys for the "unprofessional misrepresentations."
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May 16, 2025
Florida Ex-Financial Adviser Admits To $8.4M Elder Fraud
A former financial adviser pled guilty to a criminal charge in connection to defrauding an elderly family member out of $8.4 million, admitting to a Florida federal court he made false misrepresentations that he was buying investments on her behalf, but he was actually spending the money on himself.
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May 16, 2025
Lin Wood's Ex-Partners Awarded $11M Over Firm Split
Ex-attorney L. Lin Wood must pay his former law partners more than $11 million in a long-running fee dispute stemming from the breakup of their firm, an Atlanta jury has said, less than a year after Wood was ordered to pay his former partners $4.5 million in a related federal defamation trial.
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May 16, 2025
Calif. Atty Caught Using Claim Construction Made Up By AI
A San Francisco-based attorney representing Magpul Industries in patent litigation has been effectively removed from the case after admitting that the claim construction chart he submitted was nearly all fabricated by artificial intelligence.
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May 16, 2025
NJ, DuPont To Face Off In Landmark PFAS Trial Series
New Jersey and chemical manufacturing giant E.I. DuPont de Nemours will square off Monday over the contamination at a former Salem County manufacturing facility in a first-of-a-kind series of trials that environmental attorneys expect will impact "forever chemicals" litigation across the country.
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May 16, 2025
Progressive, Kanner & Pintaluga Slam Accident Data Suit
Progressive Casualty Insurance Co. and Kanner & Pintaluga PA have filed separate motions in Texas federal court to dismiss a proposed class action accusing the two of conspiring to share auto crash victims' private information against state and federal law, with each arguing that the allegations, as the insurer put it, "make no sense."
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May 16, 2025
Porzio Bromberg Accused Of Pushing Doctor Into Bankruptcy
A Louisiana doctor claims a New Jersey law firm and one of its principals failed in their representation of him in a deal he wasn't fully informed of and which led to an involuntary bankruptcy, according to a complaint recently removed to federal court in Louisiana.
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May 16, 2025
Criminal Case Dropped Against Girardi In Illinois
An Illinois federal judge has nixed the criminal charges against disbarred attorney Tom Girardi after the government's move to dismiss the case, citing his age and conviction in California.
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May 16, 2025
Judge Questions Federal Jurisdiction In Boies Schiller Case
Boies Schiller Flexner LLP and other defendants have pulled into Florida federal court a lawsuit alleging they distributed confidential information related to a law firm, but a federal judge said Thursday she is "unconvinced" that the matter belongs in federal court.
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May 16, 2025
Jackson Walker Criticizes JC Penney Fee Suit As 'Money Grab'
Jackson Walker LLP wants out of a fee suit brought by former client J.C. Penney, arguing that the bankrupt department store's wind-down debtors entered claims as a "leverage play and a money grab" after learning that a firm partner had engaged in a yearslong undisclosed relationship with a Texas bankruptcy judge.
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May 15, 2025
Ga. Atty Gets 16 Months For Role In $1.3B Tax Shelter Scheme
A Georgia attorney has been sentenced to 16 months in federal prison and slammed with an $8 million bill after pleading guilty to helping orchestrate a $1.3 billion tax scheme involving fraudulent conservation easements.
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May 15, 2025
Anthropic's Atty Says Client's Own AI Created Error In Filing
A Latham & Watkins LLP associate representing Anthropic in the artificial intelligence company's copyright fight with music publishers said Thursday that she used Anthropic's own Claude.ai tool to help draft an expert's declaration that included an erroneous citation, but she argued the error was "an honest citation mistake and not a fabrication of authority."
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May 15, 2025
8th Circ. Finds No Error In Fentanyl Dealing Conviction
The Eighth Circuit has refused to grant a new trial to a North Dakota man sentenced to over 15 years in prison for selling fentanyl with his father, finding a lower court was justified in keeping his father from testifying at trial.
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May 15, 2025
Conn. Atty Convicted In Shooting Agrees To Suspension
A longtime Cramer & Anderson LLP partner who was found guilty of manslaughter for shooting and killing a man who attacked the attorney in his Litchfield, Connecticut, law firm's parking lot has agreed to an interim law license suspension, according to a proposed order noting he has no current clients and no lawyer trust account.
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May 15, 2025
Trump Could Claw Back Defense Fees Under New Ga. Law
Georgia taxpayers could end up on the hook for President Donald Trump's legal expenses in his election interference case under a newly signed, Republican-backed state law that allows defendants to seek attorney fees when prosecutors are disqualified from their case.
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May 15, 2025
Memphis Seeks Atty Sanctions In Tyre Nichols Beating Case
The city of Memphis, Tennessee, has asked a judge to impose sanctions on high-profile civil rights lawyers Ben Crump and Antonio Romanucci, arguing that they issued a press release that falsely said a lawsuit over the police beating death of Tyre Nichols could not bankrupt the Memphis government.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
Feds' Memo In Filing Mishap Is Privileged, NY Judge Says
A New York federal judge has determined that the federal government's mistakenly filed memo in litigation over Manhattan's congestion pricing program is privileged and cannot be cited in the parties' arguments, but the memo won't be sealed because it's already been widely reported on.
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May 15, 2025
Fla. Atty Suspended For 2 Years For Fracturing Wife's Nose
Florida's highest court on Thursday suspended the law license of an Orlando-based attorney over fracturing his wife's nose for two years, rejecting a recommendation of only 90 days after finding that his conduct "reflects adversely on his continued fitness to practice" in the legal profession.
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May 15, 2025
11th Circ. Upholds Fla. Atty's COVID Relief Fraud Conviction
The Eleventh Circuit upheld the 75-month sentence given to a Florida lawyer for a COVID-19 loan fraud scheme, finding that the lower court did not err by admitting a co-conspirator's testimony about a threat the attorney allegedly made.
Expert Analysis
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.