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Legal Ethics
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December 01, 2025
What MDL Judges Can Get Done With A New Civil Rule
As the first federal procedure rule geared toward multidistrict litigation goes into effect, judges will have a new buffet of best practices to guide them, but little in the way of hand-tying mandates.
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December 01, 2025
Calif. Ban On Fee-Sharing With 'Alternative' Firms Challenged
A new law barring California lawyers and firms from sharing fees with out-of-state law firms owned by nonlawyers is unconstitutional and will harm the state's mass tort lawyers and their clients, according to a lawsuit filed last week.
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December 01, 2025
Med Mal Judge DQ Sought Over Conflict Of 'Epic Proportions'
A Florida couple say their medical malpractice suit against a Georgia healthcare provider shouldn't have been dismissed by a Georgia federal judge, arguing the judge has a conflict of interest of "epic proportions" through her brother and sister-in-law.
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December 01, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court saw a slate of corporate law clashes this past week, from fast-moving injunction fights in consumer product and real estate markets to multibillion-dollar oversight claims against crypto executives and fresh battles over control for two sports teams.
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December 01, 2025
3rd Circ. Says Habba Barred From Serving As Acting US Atty
President Donald Trump's former personal lawyer cannot serve as acting U.S. attorney for New Jersey, the Third Circuit ruled Monday in a precedential opinion holding that her appointment violated the Federal Vacancies Reform Act and undermined the constitutional safeguards of Senate confirmation.
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November 26, 2025
Cyber Co. Says Mich. Atty's Recusal Bid Based On Speculation
A Michigan attorney's attempt to have a judge recuse from a payment dispute launched by a cybersecurity firm "is a waste of the court's time," the company has said, because her bid is based on speculation over the judge's work in a federal prosecutor's office.
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November 26, 2025
NJ County Wants Out Of State's $400M PFAS Deal With 3M
A New Jersey county is asking a federal court to exclude it from 3M Co.'s $400 million forever chemical pollution settlement with the state, saying it would rather go after the company on its own for more money.
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November 26, 2025
Anti-Disinformation Nonprofit Claims FTC Retaliation In Suit
An anti-disinformation nonprofit is suing the Federal Trade Commission over a civil investigation demand it claims was sent in retribution for the group's 2022 media market review that listed conservative outlets like The Daily Wire and The Federalist among its top disinformation-risk sites.
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November 26, 2025
Databricks Attys Warned Not To Coach IP Suit Witnesses
A California federal magistrate judge on Wednesday warned attorneys representing Databricks in a group of writers' copyright lawsuit over AI training that they cannot discuss deposition testimony with witnesses during breaks other than for privilege reasons, but she rejected the writers' accusation that defense counsel had improperly coached witnesses.
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November 26, 2025
Keesal Young Poaching Suit Against Stradley Ronon Trimmed
A California state judge cleared Keesal Young & Logan to pursue most of its lawsuit alleging Stradley Ronon Stevens & Young crossed the line when it recruited 10 former Keesal Young attorneys, finding that claims such as inducing breach of contract could move forward, in part, because of conversations among the attorneys.
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November 26, 2025
Split 6th Circ. Shields Baker Donelson, Not City Councilman
In a published opinion, the Sixth Circuit has found that Baker Donelson Bearman Caldwell & Berkowitz PC is shielded by qualified immunity as outside counsel for the city of Nashville in litigation over the law firm's firing of a city election commission chair and member of the firm.
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November 26, 2025
11th Circ. Denies Trump Bid To Revive Clinton, DNC RICO Suit
The Eleventh Circuit on Wednesday upheld the dismissal of President Donald Trump's amended lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to derail his 2016 campaign with false accusations of Russian collusion, saying the complaint didn't state any claims.
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November 26, 2025
Disbarred Atty Can't Avoid Judgment In Theft Suit
A disbarred Philadelphia attorney accused of stealing from his former firm is stuck with a default judgment against him in the resulting lawsuit, as a Pennsylvania federal judge ruled that his delay in responding to the litigation was inexcusable.
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November 26, 2025
DOJ Says Ex-Employees Can't Challenge Firings In Fed. Court
The government says a D.C. federal court lacks jurisdiction to adjudicate a lawsuit filed by a former assistant U.S. attorney who prosecuted defendants charged in connection with the Jan. 6, 2021, attack on the U.S. Capitol and two other ex-Department of Justice employees, alleging they were unlawfully fired.
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November 26, 2025
Expert Fights 11th Circ. Ruling To Strip Qualified Immunity
A fingerprint analyst has urged the Eleventh Circuit to reconsider a three-judge panel's ruling that she must face claims accusing her of fabricating evidence in a murder case that wrongfully sent a man to death row, arguing the appellate judges deprived her of a qualified immunity defense based on erroneous facts.
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November 26, 2025
Foley & Lardner Hit With Malpractice Suit Over Chancery Loss
Foley & Lardner LLP has been sued in Delaware Superior Court by three officers of a now-defunct food recycling company who say the firm was negligent when representing them in a Chancery Court case that led to a $1.6 million judgment against them and another officer.
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November 26, 2025
Ex-Atty Not Covered In $750K Law Firm Purchase Dispute
An insurer has no duty to defend or indemnify a disbarred attorney, who is currently serving a 90-month sentence for embezzling funds from his clients and law firm, in an underlying suit claiming he owes more than $750,000 for the purchase of a firm, an Illinois federal court ruled.
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November 26, 2025
Democracy Forward Adds High-Profile Former DOJ Atty
A former top attorney in the Justice Department's Office of Immigration Litigation, who was fired in April after telling a court the deportation of Kilmar Ábrego García was made in error, has joined Democracy Forward as a senior counsel, the group announced Tuesday.
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November 25, 2025
Order Blocking Redistricting 'Too Late In The Day,' Texas Says
Texas told the nation's high court that an order blocking the state's redistricting efforts came "too late in the day," telling the court Tuesday that the legal principle barring courts from meddling with election rules too close to election day bars the order at hand.
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November 25, 2025
Trial Over Judge's Alleged ICE Interference Gets Ground Rules
A Wisconsin federal judge on Tuesday set some ground rules for an anticipated December trial over criminal charges alleging a state judge attempted to hinder a U.S. Immigration and Customs Enforcement arrest this spring, including the types of arguments and evidence that can be presented to the jury.
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November 25, 2025
Calif. Justices Asked To Review Prosecutors' Alleged AI Errors
Nearly two dozen law professors have urged the California Supreme Court to help determine whether county prosecutors should be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings, arguing the alleged misconduct could have "grave consequences for the rule of law."
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November 25, 2025
9th Circ. Slams 'Unimpressive Excuses' In L'Oréal Rival's Suit
The Ninth Circuit on Tuesday refused to revive a trade secrets case against L'Oréal USA Inc., saying the plaintiff company's "unimpressive excuses" for fabricating evidence and other misconduct do not override the district court's conclusion that the proper sanction was to dismiss the case.
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November 25, 2025
$255K In Fees To Google For 'Frivolous' Ramey Case Upheld
The Federal Circuit on Tuesday affirmed a California judge's decision that a client of embattled intellectual property firm Ramey LLP must pay nearly $255,000 in fees and sanctions for bringing a "frivolous" patent suit against Google, finding the award to be "entirely proper."
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November 25, 2025
'Gross Abuse Of Power': Rep. Swalwell Sues Housing Official
U.S. Rep. Eric Swalwell on Tuesday sued Federal Housing Finance Agency Director Bill Pulte, claiming Pulte abused his position by accessing private mortgage records to target the political opponents of President Donald Trump, including Swalwell, calling it "a gross abuse of power that violated the law."
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November 25, 2025
Ex-Bank GC Faces Garnishments After $7M Restitution Order
Fidelity Brokerage Services LLC has told the Connecticut federal court it blocked a former Webster Bank general counsel from drawing money from five accounts totaling close to $178,000 in response to recent garnishment actions, presumably filed by prosecutors to satisfy part of a $7.4 million fraud restitution order.
Expert Analysis
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Navigating Conflicts Of Interest In H-1B Worker Terminations
Given a current uptick in removal proceedings and shortened lawful grace periods for terminated H-1B workers, immigration attorneys should take specific steps in order to effectively manage dual representation and safeguard the interests of both employers and employees, says Cyrus Mehta at Cyrus D. Mehta & Partners.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.