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Legal Ethics
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September 10, 2025
Firm Seeks To Toss Lowenstein Sandler Claims Over Affidavit
Trif & Modugno LLC has reiterated to the Essex County Superior Court in New Jersey that part of a malpractice suit filed against it by Lowenstein Sandler LLP must be dismissed because the national firm did not file an affidavit of merit within the time limit.
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September 09, 2025
Barrett Says High Court Must 'Show Its Work' To Gain Trust
U.S. Supreme Court Justice Amy Coney Barrett suggested Tuesday the best way for the court to respond to charges that it's issuing politically motivated rulings is by showing its work, adding that displaying an honest effort to follow the law could help revive the public's trust in the institution.
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September 09, 2025
Calif. Bar Seeks Justices' Clarity In Eastman Disbarment Case
The State Bar of California asked the state's justices to affirm recommendations to disbar Donald Trump's onetime attorney John Eastman, who helped plan and promote the then-presidential candidate's strategy to overturn the 2020 election, but also review what it says are two legal errors that could "significantly impact future cases."
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September 09, 2025
Omni Must Pay Atty Fees Over 'Troubling' Conduct In FCA Suit
A Massachusetts federal judge has ordered a medical practice to pay legal fees to a lab it accused of False Claims Act violations, ruling its claims were "clearly vexatious" because the provider knowingly ordered medically unnecessary tests to support its suit.
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September 09, 2025
'Open Questions' Raised About Live Nation Arbitrator
The Ninth Circuit rebuke of Live Nation's chosen consumer complaint arbitrator was raised in a New York federal court with an order calling for discovery into the arbitrator and its relationship to the company's Latham & Watkins LLP attorneys.
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September 09, 2025
DA Willis, Lawmakers Cite Novel Fight In Constitutional Clash
A Georgia Senate committee investigating Fulton County District Attorney Fani Willis over her prosecution of President Donald Trump and others in an election interference case and Willis stressed to the state Supreme Court the novel nature of their dispute over a subpoena ordering her to testify, while they took competing sides on the constitutional issues at stake.
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September 09, 2025
Judge Warns Fake AI Cites May Need 'Eye-Catching Sanction'
A Connecticut federal judge on Tuesday warned a multistate solo practitioner that an "eye-catching sanction" may be necessary to stop attorneys from filing briefs rife with fake case law generated by artificial intelligence systems, while the lawyer bemoaned the fact that he'd "trusted a tool."
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September 09, 2025
Lambda Legal Attorney Indicted Over Judge Shopping Probe
An attorney with LGBTQ rights nonprofit Lambda Legal has been charged in Alabama federal court in connection with an alleged judge-shopping scandal in Alabama, with prosecutors claiming he lied to a panel of federal judges investigating the episode.
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September 09, 2025
Franchise Law Firm Can't Dump Trash Co.'s Malpractice Suit
A Charlotte, North Carolina-based law firm can't escape a trash compactor company's claims that it botched franchise agreements in 2019 and 2020, after a federal judge said it was too early for a final ruling on a statute of limitations defense.
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September 09, 2025
Contractors Settle Hartford Apartment Construction Suit
A subcontractor and general contractor litigating federal claims over a Hartford, Connecticut, apartment construction project have reached a settlement in the case ahead of a trial, following a conference Monday.
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September 09, 2025
Quinn Emanuel Fights DQ Bid In Trade Secrets Fight
Quinn Emanuel Urquhart & Sullivan LLP-represented Rippling is urging a Delaware state court to reject a bid to disqualify the firm from representing the human resources and payroll company in an ongoing trade secrets fight with competitor Deel Inc., saying the request is a misguided tactical move.
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September 09, 2025
Expedia Wants $2.75M Sanction For 'Lies' In Cuba Land Suit
A family descended from Cuban landowners and its counsel in a suit over property seized by the Cuban government should face seven-figure sanctions for knowingly bringing bogus Helms-Burton Act claims against travel company Expedia, the company has told a Delaware federal judge following its win in a jury trial.
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September 09, 2025
NY AG James Hires Munger Tolles For Federal Probes
New York Attorney General Letitia James recently retained top attorneys at Munger Tolles & Olson LLP amid ongoing federal investigations related to her office's past cases against the Trump Organization and the National Rifle Association.
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September 09, 2025
Feds, State Push Fla. Justices To Reject Bondi Ethics Probe
The federal government and the state of Florida both threw their support behind the Florida Bar and its decision not to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct, calling a Sunshine State lawyer's attempt to force an investigation "lawfare."
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September 09, 2025
2nd Circ. Allows NY AG To Curb Nonprofit's Debtor Coaching
The Second Circuit vacated a lower court order that prevented New York Attorney General Letitia James from stopping a bankruptcy education nonprofit from advising low-income debtors Tuesday, saying that while the state's unauthorized practice of law statutes regulate speech, they are content neutral and should be reviewed under intermediate scrutiny.
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September 09, 2025
'Whiz Honor' Judge Accused Of Trying To Sway Sentencing
A Philadelphia judge under investigation for ethics violations related to the promotion of his wife's cheesesteak shop faces new disciplinary charges over allegations that he attempted to influence a fellow judge's sentencing decision for an associate of rapper Meek Mill.
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September 09, 2025
US Atty Habba Seeks To Nix NJ Mayor's False Arrest Suit
New Jersey's acting U.S. Attorney Alina Habba told a federal judge Tuesday that Newark Mayor Ras Baraka's lawsuit over his arrest outside an immigration detention center should be tossed since both the government and Habba are immune from suit, and the court cannot impose a damages remedy under U.S. Supreme Court precedent.
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September 08, 2025
Litigation Funder Says Ex-GC Stole Secrets To Launch Rival
A Houston-based litigation funding company has hauled its former general counsel into Texas state court, accusing him of diverting its business opportunities and using confidential business information when secretly forming a new rival litigation funder.
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September 08, 2025
Split Colo. Justices Back DA's Disbarment Over Judge Probe
The Colorado Supreme Court on Monday ruled to uphold a disciplinary board's disbarment of former 11th Judicial District Attorney Linda Stanley in a split 4-2 decision that found the issue of whether the presiding disciplinary judge should have recused himself a "close call."
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September 08, 2025
9th Circ. Axes Ruling Trader Joe's 'Weaponized Legal System'
A California federal judge hastily found that Trader Joe's cooked up borderline-frivolous theories of trademark infringement to punish union organizers, the Ninth Circuit held Monday, finding that union merchandise looks "strikingly similar" to the grocer's well-known logo.
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September 08, 2025
Calif. Judge Convicted Of Murdering Wife Seeks Trial Do-Over
A California judge convicted of murdering his wife earlier this year moved for a new trial, arguing the court's denial of his request to postpone the retrial was a "miscarriage of justice" because it limited his expert witness testimony and violated his right to present his defense that the shooting was accidental.
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September 08, 2025
VLSI Argues PQA Was Formed Illegally In Renewed Fraud Suit
VLSI Technology LLC is once again trying to persuade a Virginia state judge that Patent Quality Assurance LLC owes it more than $3 million for misconduct at the Patent Trial and Appeal Board, raising a new argument Monday that PQA's existence as a limited liability company was never legal.
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September 08, 2025
Atty In Judge Newman Suspension Feud Moves To DOJ
An attorney who has been representing Federal Circuit Judge Pauline Newman in the legal battle over her suspension has jumped from the New Civil Liberties Alliance to work at the U.S. Department of Justice.
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September 08, 2025
FDIC Bests Farella Braun In Dispute Over SVB Legal Fees
A California federal judge has sided with the Federal Deposit Insurance Corp. in a dispute over $48,800 in unpaid legal bills that Farella Braun & Martel LLP sought for work it did before Silicon Valley Bank's collapse, finding the firm's invoices lacked key details like hours and billing rates.
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September 08, 2025
FisherBroyles Can't Nix Stem Cell Patent Malpractice Claim
A California judge on Monday denied FisherBroyles LLP's motion to toss a claim in a $10 million malpractice suit brought against it by a stem cell treatment center, ruling the firm missed a deadline to file the motion.
Expert Analysis
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Opinion
Prosecutors' Duty To Justice Sometimes Demands Mea Culpa
Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Unpacking DOJ's Suit Against Maryland Federal Bench
Political hoopla aside, the Trump administration’s suit naming the Maryland federal district court and all of its judges, which challenges a standing order that delays deportation upon the filing of a habeas petition, raises valid questions about both the validity of the order and the DOJ’s approach, says Steven Gordon at Holland & Knight.
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How Patent Attys Can Carefully Integrate LLMs Into Workflows
With artificial intelligence-powered tools now being developed specifically for the intellectual property domain, patent practitioners should monitor evolving considerations to ensure that their capabilities are enhanced — rather than diminished — by these resources, say attorneys at McDonnell Boehnen.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.