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Legal Ethics
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April 07, 2025
Congressional Dems Probe Trump's Actions Against BigLaw
A pair of top congressional Democrats wrote to the White House and six major law firms over the weekend seeking more information about deals that multiple BigLaw firms have reached with the Trump administration and the possible fallout.
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April 07, 2025
Top Court To Weigh Limits On Atty-Client Talks During Recess
The U.S. Supreme Court said Monday it will take up the Sixth Amendment case of a man convicted of murder who was not allowed to consult with his lawyer about his testimony during a 24-hour break that came in the middle of his time on the stand.
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April 07, 2025
Ga. Appeals Court Rips Judge For Denying Recusal Bid
A Georgia Court of Appeals panel on Monday stripped a child custody case from a Fulton County judge after finding he improperly denied a mother's recusal motion instead of referring it to another jurist.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
Litigation Firms Back Perkins Coie In Suit Over Trump Order
A slew of midsize and small litigation firms took up Perkins Coie LLP's cause in its legal battle against an executive order from President Donald Trump targeting the BigLaw firm, arguing Monday in an amicus brief that the order is "anathema" to the justice system.
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April 07, 2025
SEC Drops Suit Against Silver Point Over Atty Info Access
The U.S. Securities and Exchange Commission has dropped a Connecticut federal lawsuit alleging Silver Point Capital LP failed to establish policies to safeguard material nonpublic information, particularly from a former BigLaw attorney who acted as outside counsel, according to federal court records.
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April 07, 2025
NJ Justices OK Tech CLE And Reject Competence Proposal
The New Jersey Supreme Court has approved a continuing legal education requirement for technology-related subjects but declined a proposal to add a comment to the competence section of the state's Rules of Professional Conduct about an attorney's responsibility to stay on top of the benefits and risks associated with relevant technology.
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April 07, 2025
Mortgage Lenders, Attys Stole From NY Debtors, Suit Says
A New York homeowner filed a proposed class action in Brooklyn federal court alleging that the state's mortgage lenders, loan servicing agents and foreclosure attorneys have conspired to inflate the amounts owed on post-foreclosure sales.
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April 07, 2025
Drivers Say Amazon Attys Covertly Contacted Class Members
Amazon's attorneys should be sanctioned for coercing potential collective members in a wage and hour case to provide testimony without properly filling them in on the litigation, delivery drivers told a Washington federal court.
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April 07, 2025
Fla. Judge Faces More Ethics Charges For Political Donations
A Florida ethics watchdog has tacked on charges against a Broward County family court judge over donations to the campaigns of former Vice President Kamala Harris and former President Joe Biden, adding to its previous request that the judge be reprimanded for improperly contacting a witness and discussing her reelection campaign from the bench.
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April 07, 2025
Wigdor Seeks Exit In Leon Black Case Amid Sanctions Threat
Wigdor LLP sought to withdraw from a sexual assault case against ex-Apollo Global Management CEO Leon Black in New York federal court as the billionaire investor seeks sanctions against the firm and its Jane Doe client.
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April 05, 2025
Whistleblowers Fired By Paxton Get $6.68M
A Travis County judge on Friday awarded four of Texas Attorney General Ken Paxton's former deputies $6.68 million, ending their claims that they were fired in retaliation for reporting alleged abuses to the FBI.
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April 04, 2025
Defamation Litigation Roundup: Jay-Z, Blake Lively, Drake
In this month's review of ongoing defamation fights, Law360 looks back on an escalation in Jay-Z's case against personal injury lawyer Tony Buzbee, who he accuses of pursuing a "false" and "malicious" rape suit, as well as on the war of words between actors Justin Baldoni and Blake Lively.
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April 04, 2025
Houston Atty Says Unethical Funding Deal Means No Fee Split
A Houston attorney has asked a Texas state court to rule that his partner is not entitled to an equal share of his case fees, accusing his colleague of mismanaging millions in funds and entering into an unethical agreement with a hedge fund.
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April 04, 2025
Musk Atty Objects To 'Outrageous' Deposition Request
Elon Musk's attorney has said it's "outrageous" that a class of former Twitter investors is trying to depose the attorney in a case accusing Musk of intentionally tanking the social media platform's stock price, telling a California federal judge the move threatens to undermine his attorney-client relationship.
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April 04, 2025
Boston Bomber Asks 1st Circ. To Oust Judge Amid Bias Probe
Convicted Boston Marathon bomber Dzhokhar Tsarnaev on Friday asked the First Circuit to remove the Massachusetts federal judge who presided over his 2015 trial from conducting an inquiry into potential juror bias, after the jurist declined to recuse himself.
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April 04, 2025
Fla. Court Sanctions Man For Made-Up Lowe's Injury
A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.
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April 04, 2025
Death Row Case May Test Limits Of Federal Habeas Review
Michael Wayne Reynolds, who was convicted of a triple murder in 2007, maintains his innocence and is asking the U.S. Supreme Court for another chance to argue that his prosecution in his trial hid potentially exculpatory evidence — in a case that strikes at the core of the ability of prisoners to bring habeas corpus challenges.
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April 04, 2025
Ex-NJ Prosecutor Rips AG's Use Of Gov.'s Text In Firing Suit
A former New Jersey county prosecutor has urged a state court to reject Attorney General Matt Platkin's bid to whittle down a lawsuit over the county enforcer's exit, blasting the office's reliance on a text message with the governor to argue the governor had accepted his resignation.
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April 04, 2025
Wash. Justices Disbar Atty Who Stole From Client Trust Fund
The Washington Supreme Court has found that an attorney who used a client's trust fund as a "piggy bank" to steal thousands of dollars should be disbarred, rejecting his request to set aside its usual framework for determining discipline and "make up their own mind."
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April 04, 2025
Retired Calif. Judge Admonished For Use Of Racial Slur
A now-retired California state court judge has been censured by an ethics panel for "undignified, discourteous, and offensive" comments it said "could reasonably be perceived as bias."
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April 04, 2025
11th Circ. Tosses Former Atty's Extortion Conviction
The Eleventh Circuit on Friday overturned the conviction of a former criminal defense attorney for extorting a client for cash, finding in a published opinion that there was insufficient evidence.
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April 04, 2025
Female Public Defenders Settle Bias Case With Pa. County
A proposed class of unionized female public defenders on Friday settled civil rights claims against Delaware County, Pennsylvania, nearly three years after suing their employer for alleged "systemic, enduring and continuing wage disparity" between male and female attorneys in suburban Philadelphia.
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April 04, 2025
Discipline Looms For Conn. Atty Convicted In Shooting
After his conviction on a manslaughter charge for shooting an attacker, Cramer & Anderson LLP partner Robert L. Fisher Jr. is facing potential discipline from Connecticut's attorney misconduct watchdog.
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April 04, 2025
More Than 500 Law Firms Sign Onto Perkins Coie Amicus
A group of 507 law firms, including Munger Tolles & Olson LLP and Covington & Burling LLP, have signed onto an amicus brief filed Friday supporting Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the law firm.
Expert Analysis
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Class Actions At The Circuit Courts: June Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.