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Legal Ethics
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July 29, 2025
Conn. Prosecutors' Misstatements Doom Murder Conviction
A Connecticut man who confessed to killing his apartment superintendent will get a second murder trial after the state's top court ruled in a split opinion Tuesday that prosecutors misstated the law about the defense's central theory during closing arguments and rebuttal.
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July 29, 2025
Posner Wage Theft Claims Should Be Revived, 7th Circ. Told
A former staffer for retired U.S. Circuit Judge Richard Posner has asked the Seventh Circuit to review federal court rulings in his loss of wage theft claims against the ex-judge, arguing an Indiana federal judge permitted a botched discovery process and prematurely dismissed claims while fact issues remained.
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July 29, 2025
Senate Confirms DOJ Official Emil Bove To 3rd Circ.
The Senate voted 50-49 on Tuesday night to confirm Emil Bove, one of President Donald Trump's former attorneys and a top official at the U.S. Department of Justice, as a judge on the U.S. Court of Appeals for the Third Circuit.
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July 29, 2025
Md. Bar Warns DOJ Suit Risks Undermining Legal Norm
The Maryland State Bar Association on Tuesday warned of sweeping impacts if a federal judge doesn't dismiss the Trump administration's suit over a standing order that prohibits the immediate removal of immigrants challenging their detention, saying it will compromise cornerstone pillars of the legal system.
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July 29, 2025
7th Circ. Backs Ex-CTA Worker's Sanction Over Deleted Chats
The Seventh Circuit has affirmed a lower court's dismissal of a former Chicago Transit Authority employee's retaliation lawsuit as a sanction for spoiling evidence, saying his explanation about how electronic phone messages were deleted changed over time and concluding that he wasn't entitled to an evidentiary hearing or jury review.
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July 29, 2025
Attys Blast 'Chilling Message' Of Judge Shopping Sanctions
Three attorneys sanctioned for judge shopping while challenging an Alabama statute that criminalizes gender-affirming care have asked the Eleventh Circuit to clear their names, castigating the process that led to their censure as "so extraordinary as to approach unprecedented."
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July 29, 2025
Law Firm Beats NJ Atty's Fraud Suit Under Anti-SLAPP Law
Maurice Wutscher LLP got an attorney's fraud suit against it thrown out under New Jersey's anti-SLAPP law on Tuesday, allowing the firm to escape complex litigation across multiple venues stemming from the breakdown of a former New Jersey firm.
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July 29, 2025
Disbarred Pa. Atty Admits Forging Federal Judge's Signature
A disbarred central Pennsylvania attorney has admitted to federal charges of forging a U.S. district judge's signature on fake court orders he gave to a client showing he had been awarded monetary sanctions in a case that was never actually filed, federal prosecutors announced Monday.
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July 29, 2025
Judge Breaks Up Review Of Challenge To New Jersey US Atty
The chief judge for Pennsylvania's Middle District, who is overseeing a drug trafficking case in New Jersey, on Tuesday evening issued a directive bifurcating a challenge to acting U.S. Attorney Alina Habba's authority in order to analyze whether the defendants are entitled to relief if she was illegally appointed.
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July 29, 2025
Ga. Senators Accuse DA Of 'Stonewalling' In Testimony Fight
A Georgia Senate committee investigating Fulton County District Attorney Fani Willis' prosecution of President Donald Trump and others in an election interference case told the state's Supreme Court that her bid to escape its subpoena for her to testify before the committee seeks "to reward her stonewalling" and "delay tactics."
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July 29, 2025
DOJ Says Wis. Judge Not Immune To Charges In ICE Incident
A Wisconsin state judge cannot duck criminal charges for allegedly helping an undocumented immigrant evade arrest in her courtroom, because judicial immunity applies only to civil suits and official judicial acts, the U.S. Department of Justice told a federal judge Tuesday.
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July 29, 2025
Mich. Judge Sanctions Attys For False Case Quotations
A Michigan federal judge on Monday ordered plaintiffs' attorneys in two cases against a robotics company to pay for the time opposing counsel took in filing an additional briefing because of false case quotations.
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July 29, 2025
Seeger Weiss Named Lead Negotiation Counsel In J&J MDL
A New Jersey federal judge overseeing long-running multidistrict federal litigation against Johnson & Johnson over its talcum powder products has appointed Christopher A. Seeger of Seeger Weiss LLP to lead a negotiation team to guide plaintiffs through settlement talks.
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July 29, 2025
Wash. Atty Disbarred In Del. For 'Pattern Of Misconduct'
Delaware's Supreme Court has barred a Washington attorney from practicing law in the First State, saying he "engaged in a pattern of misconduct" and "acted with a selfish or dishonest motive" by not informing a state court that granted him a temporary admission that there were pending disciplinary proceedings against him in another jurisdiction.
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July 29, 2025
Okla. Cannabis Attorney Sues State Bar Over Suspension
An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.
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July 29, 2025
NY Judge Faces Recusal Request Over Gilead Stock Holdings
A criminal defendant who admitted to taking part in a black market HIV drug scam has asked the Manhattan federal judge presiding over his case to step away after the judge disclosed brief ownership of nearly 9,000 shares of Gilead Sciences Inc., while the defendant was fighting her $2 million restitution order.
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July 29, 2025
Court Didn't Justify Seals In OneCoin Fraud, 2nd Circ. Says
A New York district court inadequately justified its decision to seal exhibits attached to a sentencing memorandum filed by an accomplice in the global OneCoin cryptocurrency scheme, the Second Circuit ruled in a published opinion, ordering the court to reconsider.
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July 28, 2025
Retired Judges Say DOJ Suit 'Threatens' Core Of Judicial Role
A group of retired federal judges on Monday threw their support behind Maryland federal judges targeted in a Trump administration lawsuit over their habeas petitions standing order, arguing that the suit "threatens the judicial role to its core" and is trying to block judges from employing "a commonplace docket-management technique."
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July 28, 2025
New Jersey US Atty Faces Authority Challenge In Drug Case
A New Jersey man facing federal drug and firearms charges is mounting what appears to be the first formal legal challenge to Alina Habba's continued role as acting U.S. attorney for the District of New Jersey, arguing that her appointment is unlawful and undermines the legitimacy of his prosecution.
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July 28, 2025
Bondi Says Judge Boasberg Hit With 'Misconduct Complaint'
U.S. Attorney General Pam Bondi announced Monday that the U.S. Department of Justice filed a "misconduct complaint" against Chief U.S. District Judge James Boasberg, the D.C. federal judge who found probable cause to hold the Trump administration in criminal contempt for violating his order blocking deportations.
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July 28, 2025
Ex-Munchkin GC Sues Over 'War On Families' At Baby Co.
Munchkin Inc.'s former general counsel says he was fired for trying to sound the alarm about the baby products brand's "war on families" and culture of discrimination against working mothers and families, in a $10 million suit filed in California state court on Friday.
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July 28, 2025
SEC Pushes $630K Penalty Against Atty In Stock Fraud Suit
The U.S. Securities and Exchange Commission renewed its motion Monday for a more than $630,000 civil penalty and final judgment against securities attorney Henry Sargent, after years of litigation in Massachusetts federal court alleging he orchestrated a sham merger, saying Sargent "has never recognized the wrongfulness of his conduct."
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July 28, 2025
Texas Judge 'Perplexed' By 5th Circ. Sanction Reversal
A Texas federal judge said he was "perplexed" by a Fifth Circuit panel's decision to reverse his sanction order against an attorney, saying in a Monday opinion that the attorney seemingly flouted the case governing litigation conduct by opposing a bid for an extension to reply.
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July 28, 2025
Mich. Justices Revive Ex-Prosecutor's Whistleblower Suit
The Michigan Supreme Court has reinstated a lawsuit brought by a former Saginaw County assistant prosecutor who says she was retaliated against for fighting an unlawful plea agreement, with the justices finding the county must face the suit because it is an employer under the Whistleblowers' Protection Act.
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July 28, 2025
Qui Tam Relator's Atty Admits Fake Citations In DC FCA Suit
An attorney representing the estate of a Washington, D.C.-based construction company's former director in a False Claims Act suit launched against the contractor has withdrawn from the suit due to "recent failure to provide adequate representation" after his co-counsel alleged that the attorney used AI to file a brief "riddled with citation errors."
Expert Analysis
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.