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Legal Ethics
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June 30, 2025
Calif. Panel Chides Attys Who Hid Opponent's Inactive Status
In a precedential ruling, a California appellate panel found a party whose counsel's license was made inactive should have been treated as though the attorney had died or been suspended, overturning a $70,000 fee award levied against a woman who was not informed that her lawyer was inactive.
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June 30, 2025
Fox Rothschild Beats RICO Suit From 2 Former Clients
A New Jersey federal judge has tossed federal racketeering and state law claims lodged against Fox Rothschild LLP by two former clients who accused the firm of "knowingly and willfully robbing their immigration clients."
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June 30, 2025
Conn. Firm Settles Ex-Client's Malpractice Suit Over Biz Sale
Connecticut law firm Oberst DeFala Law PC and a former client have settled a malpractice lawsuit alleging attorney Sharon Oberst DeFala improperly represented both parties in a restaurant buyout and drafted an agreement that favored the seller, court records show.
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June 27, 2025
Trump's Susman Godfrey 'Sword Of Damocles' Order Tossed
A Washington, D.C., federal judge Friday struck down as unconstitutional President Donald Trump's executive order targeting Susman Godfrey LLP, saying it was issued in retaliation for the firm's representation of clients and causes with which the president disagrees, while hanging "like the sword of Damocles" over the BigLaw firm.
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June 27, 2025
Ga. Panel Says Court's Tech Glitch Shouldn't Kill Appeal
The Georgia Court of Appeals on Friday revived a tenant's appeal of an eviction action, saying the trial court wrongly dismissed the matter when it failed to explain why evidence of a delay caused by the court's electronic filing system did not save the appeal.
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June 27, 2025
2nd Circ. Mulls Arguments In NY Atty Grievance Privacy Suit
A Second Circuit panel has questioned whether a pathway exists to limit the scope of "presumptive public access" to attorney grievance documents in New York, as the panel considers the state's appeal of a federal district court ruling that would make records related to attorney misconduct cases public.
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June 27, 2025
Sunbeam Says 'Reptile Theory' Tactics Doom $8.8M Verdict
Sunbeam Products Inc. and parent company Newell Brands Inc. want a new trial in a case where a woman won an $8.8 million verdict on claims that a slow cooker made by the companies left her with burns, asserting that her attorneys committed misconduct aimed at using "Reptile Theory" to inflame the jury.
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June 27, 2025
Court Urged To Push Ex-GC To Provide Co. Laptop Password
E-commerce company Storehouse In A Box has asked a federal judge in Michigan to issue a preliminary injunction and temporary restraining order against its former general counsel and chief operating officer, arguing he refused to give the company access to a laptop that the company provided and used the company's trade secrets for his benefit.
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June 27, 2025
Calif. Panel Tosses Hacking Case Against Ex-LA Prosecutor
A California state appeals court has ordered the dismissal of criminal claims against former Los Angeles Assistant District Attorney Diana Teran over her use of public sheriff's deputy files contained in a "confidential" database.
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June 27, 2025
Ga. Panel Fines Atty For 'Blatant Lack Of Professionalism'
The Georgia Court of Appeals on Friday backed the dismissal of a lawyer's libel suit against opposing counsel over a discovery dispute in a personal injury case, going so far as to slap the attorney with a fine for wasting its time with the "frivolous" appeal.
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June 27, 2025
2 Firms Accused Of Vexatious Litigation Over Property Liens
Law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP have been sued by a Greenwich, Connecticut, couple who claim the firms misused the court system in order to delay payouts they were owed by a property owner, including a stake in a $7.9 million judgment in New York.
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June 27, 2025
BNP Alleges 'Coaching' In Refugee Case Sanctions Bid
BNP Paribas has asked a Manhattan federal judge to open a sanctions investigation into plaintiffs' attorneys leading a long-running suit alleging the bank had a hand in funding human rights violations perpetrated by the former Sudanese government, accusing the attorneys of "coaching" prospective class members to submit potentially falsified claims.
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June 27, 2025
NC Biz Court Bulletin: Last-Minute Settlements Head Off Trials
Untouched by the summer slump, the North Carolina Business Court kicked off June with a sanctions order against a biogas company caught spurning court orders and a new complaint by a former NFL player accusing his longtime financial adviser of defrauding him for decades.
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June 26, 2025
Kirkland Stops Repping Novartis After Regeneron Sought DQ
A New York federal judge accepted the withdrawal Thursday of the entire Kirkland & Ellis LLP team that recently joined Novartis Pharma's legal team battling antitrust allegations over the eye medication Eylea, just a week after plaintiff Regeneron Pharmaceuticals sought their disqualification over an "unthinkable" conflict of interest by the lawyers, whose firm previously represented Regeneron.
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June 26, 2025
Fla. Lawyers Suspended For Online Criticism Of Judge
Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.
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June 26, 2025
Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot
President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday.
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June 26, 2025
Del. Justices Mull New Appeal In $1.5B Pipeline Co. Cashout
An attorney for cashed-out minority unitholders of Boardwalk Pipeline Partners LP urged Delaware's Supreme Court to consider whether a controlling investor's interests "subverted" a crucial attorney fairness opinion used to justify a 2018, $1.5 billion deal that took the company private.
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June 26, 2025
Conn. Atty Can't Intervene In Ex-Partner's Digital Data Bid
Connecticut Trial Firm LLC co-founder Ryan McKeen cannot intervene in a discovery bid launched by his former 50-50 law partner Andrew Garza because the proceeding is not a "civil action" under the relevant statute, a state court judge has ruled.
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June 26, 2025
Ex-McCarter & English Atty Questioned On Bias Pleading
A New Jersey state judge pressed a former McCarter & English LLP attorney on Thursday to show how his anti-veteran discrimination complaint against the firm met the pleading standards for a whistleblower suit as he faces the firm's motion to dismiss.
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June 26, 2025
9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs
A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.
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June 26, 2025
Conn. Firm Says Judge 'Overlooked' Key Case In Dismissal
Connecticut employment law firm Hayber McKenna & Dinsmore LLC has asked a state judge to reconsider her decision to trim abuse of process claims from its suit against attorneys for restaurants who sued the firm over underlying labor class actions, saying she "must have overlooked" important state Supreme Court precedent.
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June 25, 2025
2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row
The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.
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June 25, 2025
Swiss Re Says Botched Representation Led To Inflated Deal
Swiss Re told an Illinois federal court Wednesday that counsel representing it in underlying actions related to a medical malpractice suit failed to adequately advise and defend the reinsurer, consequently forcing it into a large settlement even though its coverage had not yet been triggered.
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June 25, 2025
Paxton Deputy Accused Of Pressuring Impeachment Witnesses
Texas Attorney General Ken Paxton's second-in-command tampered with witnesses during Paxton's impeachment, fabricated sexual harassment allegations and misused state funds, according to a state bar complaint and federal lawsuit filed by two of Paxton's former top deputies.
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June 25, 2025
State Gets Second Chance Despite Delays, Pa. Court Rules
A trial court erred in dismissing a criminal case against a man who was accused of illegally possessing firearms due to excessive delays, the Pennsylvania Superior Court said, finding that lapsed time was not entirely attributable to the commonwealth and should therefore not prevent prosecution.
Expert Analysis
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Deportation Flights May End Up A Legal And Strategic Error
Officials in the Trump administration could face criminal contempt charges if a D.C. judge finds that they flouted his orders last weekend to halt deportation flights to El Salvador, which could ultimately make mass deportations more difficult — and proving noncompliance a self-defeating strategy, says Ethan Greenberg at Anderson Kill.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Why A Rare SEC Dismissal May Not Reflect A New Approach
While the U.S. Securities and Exchange Commission's pending dismissal of its case against Silver Point is remarkable to the extent that it reflects a novel repudiation of a decision made during the prior commission, a deeper look suggests it may not represent a shift in policy approach, say attorneys at Weil.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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9 Considerations For Orgs Using AI Meeting Assistants
When deciding to use artificial intelligence meeting assistants, organizations must create and implement a written corporate policy that establishes the do's and don'ts for these assistants, taking into account individualized business operations, industry standards and legal and regulatory requirements, say attorneys at Faegre Drinker.
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A Reminder On Avoiding Improper Venues In Patent Cases
A Texas federal court's recent decision in the Symbology and Quantum cases shows that baseless patent venue allegations may be subject to serious Rule 11 sanctions, providing venue-vetting takeaways for plaintiffs and defendants, say attorneys at Bond Schoeneck.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.