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Legal Ethics
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December 04, 2025
Law Firm Beats Ex-OneTaste Staffer's Malpractice Suit
A Pennsylvania federal judge has tossed a malpractice lawsuit against Kohn Swift & Graf PC from a former OneTaste Inc. employee over its legal representation of her in connection with a federal subpoena related to an investigation of the sexual wellness company, saying her malpractice claim "is palpably lacking in merit."
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December 03, 2025
Hagens Berman Must Give Apple, Amazon Ethics Pros Docs
Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.
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December 03, 2025
Firms Seek End To Ch. 7 Creditor's Malpractice Suit
Two law firms have urged a Connecticut state court to dismiss a lawsuit brought by a creditor in a Chapter 7 case that accused them of failing to ably represent its interests in the underlying bankruptcy and a related dispute, saying the former client's claims were too vague.
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December 03, 2025
LA Atty Accused Of Using AI 'Hallucinations' Sanctioned
A California state appeals court has ordered an attorney accused of including artificial intelligence "hallucinations" in a client's opening brief to pay $7,500 to the court, saying in a published opinion that the attorney is subject to sanctions for inaccuracies, regardless of whether they were the result of AI.
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December 03, 2025
5th Circ. Skeptical Of Swindler Texas Atty's 50-Year Sentence
A Fifth Circuit panel seemed dubious of the government's argument that a former Texas lawyer at the center of a sweeping Ponzi scheme knew he was agreeing to a 50-year stint in prison by pleading guilty, saying Wednesday that nobody signs up to die in prison.
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December 03, 2025
Trump Would Prefer Jack Smith Testify In Public
Rep. Jim Jordan, R-Ohio, chair of the House Judiciary Committee, subpoenaed former counsel Jack Smith on Tuesday for a closed-door deposition, to which President Donald Trump said he would rather see a public testimony.
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December 03, 2025
Virginia Bar Declines To Investigate Interim US Atty Halligan
The Virginia State Bar has declined to investigate whether Lindsey Halligan should face discipline over her scandal-plagued tenure as the interim U.S. attorney for the Eastern District of Virginia, just days after a federal judge ruled she was not properly appointed to that post.
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December 03, 2025
Ex-Stone Hilton Assistant Pushes For Texas OAG Subpoena
A former Stone Hilton PLLC executive assistant has doubled down on her bid to subpoena the Texas Office of the Attorney General in her suit accusing former OAG attorneys and firm founders Judd Stone and Christopher Hilton of sexual harassment.
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December 03, 2025
Ex-Seton Hall Prez Denies Filing Confidential Info In Court
Seton Hall University's former president is pushing back against the school's bid for sanctions because he revealed information through a filing in New Jersey state court about an opposing litigant's daughter and her attendance at Seton Hall Law School, arguing that the material is not confidential.
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December 03, 2025
ABA Urges Attys To Guard Confidentiality In Withdraw Motions
The American Bar Association on Wednesday advised attorneys that they must leave information about their representation of a client out of any motions they file to withdraw as their counsel unless they have an explicit exception to existing confidentiality rules or the client's consent.
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December 03, 2025
Mass. Court Says Plea Deal Inattention May Be Ineffectiveness
Massachusetts' highest court on Wednesday concluded that a lawyer's failure to seek a plea bargain if asked to do so by a defendant may amount to ineffective assistance of counsel requiring a new trial under certain circumstances.
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December 03, 2025
NJ Seeks $195M Fee Award In $2.5B DuPont PFAS Case
New Jersey asked a Garden State federal judge this week to approve $195 million in attorney fees to its special counsel team of four firms whose six years of litigation work resulted in two landmark settlements that serve to clean up some of the state's most contaminated sites.
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December 03, 2025
1st Circ. Doubts Ex-BigLaw Atty's Campaign Finance Appeal
The First Circuit on Wednesday expressed misgivings about a former BigLaw attorney's argument that a jury that convicted him of a campaign finance scheme during a failed run for Congress should have been required to unanimously find that each specific transaction was illegal.
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December 03, 2025
Fed. Circ. Pushes DC Circ. Not To Rethink Newman Decision
The Federal Circuit has urged the D.C. Circuit to ignore Federal Circuit Judge Pauline Newman's request to rehear a decision upholding the dismissal of her suit against the colleagues who suspended her, saying the judiciary has the right to police its own internal matters.
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December 02, 2025
5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas
A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."
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December 02, 2025
Dentons Sees Ex-Partner's Appeal Nixed In California
California's highest court has quietly tossed litigation filed by a former Dentons partner who was fired over a $34 million contingency fee due from a Chinese client following an arbitration matter, several months after advising the parties to prepare for oral arguments.
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December 02, 2025
Atty's 'Reptile Theory' Argument Sparks Assault Suit Retrial
A California state appeals court has greenlit a new trial in a case where a jury awarded $1 million to a woman who was allegedly assaulted by a hotel owner during an eviction dispute, saying plaintiff's counsel improperly used the "reptile theory" trial technique to sway the jury.
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December 02, 2025
Ex-Amerant Bank Exec Claims Retaliation For Whistleblowing
Amerant Bank has been hit with a suit in Florida state court accusing it of ousting a senior vice president for speaking out against alleged prohibited activity at the bank, including several violations the former executive says were carried out by the bank's trust department.
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December 02, 2025
Ex-Estate Trustee Dodges Jail In $16M Mismanagement Suit
A Connecticut state court judge has declined to jail or otherwise sanction a former trustee in a discovery dispute over his use of $16 million in family trust assets to secure lines of credit and invest in Vietnamese real estate, but he wants document production issues resolved "as expeditiously as possible."
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December 02, 2025
Hagens Berman Referred To DOJ For Alleged Misconduct
A Pennsylvania federal judge on Tuesday recommended to the U.S. Department of Justice that it investigate powerhouse plaintiffs firm Hagens Berman Sobol Shapiro LLP's conduct in connection with several since-dropped product liability cases that a special master found to be filed in bad faith.
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December 02, 2025
Miss America Sanctions Bid Must Be Axed, Fla. Court Told
The plaintiffs in a Florida federal court battle over the ownership of the Miss America pageant have pushed back against a sanctions bid against their attorneys, saying the court should reject it because it's "wholly meritless."
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December 02, 2025
Twitter Investors Lose Bid To DQ Musk Counsel Spiro
A California federal judge has denied an attempt by Twitter investors to have Quinn Emanuel Urquhart & Sullivan LLP partner Alex Spiro disqualified from serving as both lead counsel for Elon Musk and a witness in a trial over claims that Musk tried to tank Twitter's stock.
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December 02, 2025
Accusers Seek To Revive Katt Williams Suit Over Judicial Bias
Four women whose suit against comedian Katt Williams was tossed by a Georgia federal judge on a finding that the claims related to a 2016 altercation outside a nightclub were time-barred, asked the court Tuesday to reconsider on the basis that the judge is hostile to their lawyer and did not render an impartial decision.
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December 02, 2025
4th Circ. Rejects Rehearing In Ex-Defender's Harassment Case
Former assistant public defender Caryn Devins Strickland lost her bid to have the full Fourth Circuit rehear her sexual harassment suit against the federal judiciary, as judges ruled they didn't overlook her pro bono legal team's withdrawal on the eve of her bench trial.
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December 02, 2025
DeCotiis Beats DQ Bid In NJ Turnpike Discrimination Suit
A New Jersey state appellate panel on Tuesday rejected a bid to disqualify DeCotiis Fitzpatrick Cole & Giblin LLP from representing the New Jersey Turnpike Authority and two employees in a discrimination case filed by a medical facility and doctors who performed work for authority members.
Expert Analysis
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Opinion
Third-Party Funding Transparency Is Key In Patent Suits
Third-party litigation funding is a growing industry that could benefit from enhanced disclosure standards to ensure transparency, as challenges in obtaining discovery of such funding can complicate patent litigation against nonpracticing entities, say attorneys at Skadden.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Atty Insurance Implications Of Rising Nonclient Cyber Claims
As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.
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Why Attys Should Get Familiar With Quantum Computing
Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.