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Legal Ethics
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August 01, 2025
NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings
An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.
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August 01, 2025
OptumRx Moves To DQ Motley Rice In Utah Opioid Case
Pharmacy benefit manager OptumRx has moved to disqualify Motley Rice LLC from representing the state of Utah in an opioid crisis lawsuit, claiming the firm clearly violated ethical rules by investigating OptumRx on behalf of government entities, then suing OptumRx in a private capacity.
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August 01, 2025
Firms Say Lien Discharge Row Was Not Vexatious Litigation
The law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP told a Connecticut state court they should not have to face a lawsuit from a couple who claim they misused the judicial system to delay payouts from a property owner, arguing that the complaint does not sufficiently allege they engaged in vexatious litigation.
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August 01, 2025
DC Panel Calls For Former DOJ Official Clark's Disbarment
The majority of a Washington, D.C., lawyer ethics panel has called for the disbarment of Jeffrey Clark, a White House official and ally of President Donald Trump, over his efforts to overturn the 2020 presidential election.
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August 01, 2025
Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1
A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.
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August 01, 2025
Judge Denies Memphis Bid To Sanction Tyre Nichols' Lawyers
A Tennessee federal judge has decided not to issue sanctions against high-profile civil rights lawyers Ben Crump and Antonio Romanucci over a press release that claimed a civil lawsuit against the city over the police beating death of Tyre Nichols would not bankrupt the Memphis government because the city's insurance would foot the bill.
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July 31, 2025
3 DOJ Attys Face Bar Complaints Over CFPB Representation
A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.
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July 31, 2025
'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict
A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.
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July 31, 2025
Tyson Says Interference Claim 'Lays Bare' Burford's Greed
Tyson Foods urged an Illinois federal judge on Thursday to reject Burford Capital's bid to ditch allegations that the litigation funder improperly thwarted a near-final price-fixing settlement with Sysco Corp., arguing the counterclaim "lays bare" Burford's systematic effort to obtain a greater investment return.
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July 31, 2025
4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row
A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.
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July 31, 2025
Wis. Judge Pushes For Immunity In ICE Arrest Case
A Wisconsin state judge is pushing for the dismissal of criminal charges alleging she hindered an immigration enforcement arrest, reiterating her argument that she has immunity against what she called the "overreaching federal prosecution of a state court judge for acts within her official duties."
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July 31, 2025
ABA Seeks To Toss Race Bias Suit Over Scholarship Program
The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"
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July 31, 2025
8th Circ. Says Firm's Conspiracy Suit Wrongly Tossed
The Eighth Circuit on Thursday revived a law firm's suit alleging that the defendants in a wrongful death suit conspired to have the firm withdraw from that suit after raising false accusations, saying the trial court "took a trip back in time" to an older interpretation of court doctrine.
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July 31, 2025
1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge
The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.
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July 31, 2025
Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit
A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.
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July 31, 2025
MSG Makes Play For $1.5M Fees In Oakley Dispute
Madison Square Garden is seeking $1.5 million in attorney fees from former New York Knicks player Charles Oakley, laying out the efforts it took to uncover Oakley's efforts to destroy text messages connected with his long-running assault and battery suit against the arena.
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July 31, 2025
Baldwin Eyes Deal Over Failed 'Rust' Trial With Suit Dormant
Alec Baldwin's lawsuit in New Mexico state court against prosecutors and others involved in his botched involuntary manslaughter case in the "Rust" film shooting has been temporarily thrown out, but the actor-producer's attorneys said Thursday that they've been in settlement discussions and will move to reinstate the suit if the talks fail.
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July 30, 2025
US Atty Swap Was 'Calculated' To Evade Senate, NJ Court Told
The reappointment of Alina Habba from interim to acting U.S. attorney for New Jersey was an unconstitutional maneuver "calculated to bypass Senate confirmation," a defendant seeking dismissal of his drug trafficking indictment told a federal judge Wednesday, while prosecutors opposed the motion as a "dispute over titles, not authority."
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July 30, 2025
2nd Circ. Backs Live Well Founder's Bond Fraud Convictions
The Second Circuit affirmed convictions for Live Well's founder for inducing lenders to extend credit by jacking up bond valuations to increase its debt and borrow against it, ruling Wednesday jurors had enough evidence to determine he misrepresented the value of collateral to secure loans and did so with fraudulent intent.
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July 30, 2025
Walmart Hoverboard Fire, Injury Case Ends After AI Scandal
A Wyoming family of five that sued Walmart after a hoverboard they bought exploded, destroying their home and causing serious burns, has agreed to permanently end litigation in a case marred by plaintiffs counsel getting caught pushing case law "hallucinated" by artificial intelligence.
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July 30, 2025
High Court Urged To Review Ineffective-Counsel Case
A man who threatened to sue his civil lawyer for malpractice has asked the U.S. Supreme Court to take up his case and find that such a situation creates an automatic conflict of interest when the same lawyer was also defending him in a criminal case.
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July 30, 2025
11th Circ. Revives Ga. Atty's Race Bias Suit Against State Bar
The Eleventh Circuit has revived a Georgia attorney's suit accusing the state's bar association of racial bias, finding that a district court wrongly dismissed the case for lack of jurisdiction.
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July 30, 2025
TMX Customers Seek Final OK Of $42M Data Breach Suit Deal
Customers of the title loan and payday lender TMX Finance have asked a Georgia federal judge to grant final approval of their $42 million settlement of claims arising from a data breach that affected an estimated 4.8 million people.
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July 30, 2025
Calif. Sens. Slam Trump's US Atty 'Hijacking' To Keep LA Ally
California Sens. Alex Padilla and Adam Schiff issued a statement Wednesday condemning the Trump administration's decision to "circumvent the law" and appoint Bill Essayli as acting U.S. attorney in Los Angeles, in a move echoing the recent appointment of Alina Habba as acting U.S. attorney in New Jersey.
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July 30, 2025
Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit
A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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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.