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Legal Ethics
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April 29, 2025
No 'Hobson's Choice' For Foley & Lardner, Ex-Clients Say
Two former Foley & Lardner LLP clients are slamming the law firm for telling a Texas appellate court it was faced with a "Hobson's choice" in their suit alleging the firm failed to disclose conflicts of interest.
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April 29, 2025
Holtec Embezzlement Suit Paused In NJ For Ohio Case
A New Jersey state court froze energy technology company Holtec International's suit accusing its former general counsel and its one-time chief financial officer of tricking the firm into paying $700,000 to a consulting entity the duo owned so that a similar suit in Ohio can be resolved first.
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April 29, 2025
Opioid MDL Judge Won't Recuse Over Ex Parte Allegations
An Ohio federal judge will not step aside from multidistrict opioid litigation after the plaintiffs' attorney, who had alleged the judge "regularly communicates" with other lawyers involved in the litigation, testified that there was no such communication after all, the judge ruled Tuesday.
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April 29, 2025
NJ Judge Apologizes Through Waylon Jennings Lyrics
Clark Township, New Jersey, Municipal Judge Antonio Inacio said Tuesday that he isn't proud of all the things that led him to appear before a Garden State judiciary disciplinary committee, but he can say that he never intentionally hurt anyone by his conduct.
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April 29, 2025
Firm In Salmon Antitrust Case Owes Referral Fee, Suit Says
A Boston law firm says another firm that served as co-lead counsel in a salmon purchaser antitrust case is refusing to honor a referral fee agreement for 15% of the attorney costs in the Florida litigation, according to a federal complaint filed Monday in Massachusetts.
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April 29, 2025
Judge Wants Discovery On Investigator In Buzbee-Jay-Z Feud
A Texas federal judge is considering allowing limited discovery in an ongoing legal feud between Tony Buzbee and Shawn "Jay-Z" Carter to determine whether an investigator named by the personal injury lawyer across three lawsuits exists.
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April 29, 2025
Doctors Want Stay Of DQ Bid Amid Spine Center ERISA Deal
Doctors and other former employees of Atlanta-area Polaris Spine and Neurosurgery PC have agreed to settle their ERISA claims alleging the center botched the distribution of their retirement benefits, also seeking a stay of Polaris' bid to have their Holland & Knight counsel disqualified over an alleged conflict.
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April 28, 2025
Ramey IP Attys Pay Sanctions, But Defend Fed. Circ. Appeal
Texas intellectual property lawyer Bill Ramey and two other attorneys informed a California federal court Monday that they have made payments toward fines totaling $64,000 and alerted disciplinary bodies that they were sanctioned, the same day they urged the Federal Circuit to keep alive their appeal of the sanctions.
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April 28, 2025
Ed Martin Turns In 100-Plus Pages Of Responses To Sens.
Ed Martin, nominee for U.S. attorney for the District of Columbia, has turned in his response to hundreds of questions from the U.S. Senate Judiciary Committee, and he largely sidestepped inquiries about currently serving in the role in an interim capacity.
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April 28, 2025
USPTO Discovery In VLSI Row Unlawul, PQA Tells Fed. Circ.
A company that was sanctioned for flouting discovery while challenging the validity of a VLSI Technology LLC patent underpinning a since-vacated $1.5 billion infringement verdict told the Federal Circuit on Friday that the U.S. Patent and Trademark Office director lacked the authority to order that discovery.
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April 28, 2025
Ga. Speaker Claims Immunity In Lawsuit Over Lawmaker Ban
Georgia Speaker of the House Jon Burns has asked a federal judge to free him from a lawsuit lodged by the constituents of a lawmaker who was barred from the chamber in January after calling Burns' predecessor "one of the most corrupt Georgia leaders we'll ever see in our lifetimes."
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April 28, 2025
'Withdraw Your Accusation': Attys, Justices Clash In ADA Case
U.S. Supreme Court arguments over the standard of proof students must meet to pursue Americans with Disabilities Act claims of discrimination in public schooling turned combative Monday when one veteran litigator accused another of lying to the justices, eliciting sharp rebukes from several members of the bench.
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April 28, 2025
2nd Circ. Upholds Clinic Manager's Repeat Charges For Fraud
A decision that allowed the federal government to reindict a health clinic manager for a Medicare and tax fraud scheme can stand, a Second Circuit panel found Monday, agreeing with the lower court that his offenses were serious enough to permit it.
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April 28, 2025
Trump Must Face Copyright Claim Over Isaac Hayes Song Use
A Georgia federal judge refused to free President Donald Trump from a copyright infringement claim levied against him over his election campaign's use of artist Isaac Hayes' song "Hold On, I'm Coming" at rallies.
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April 28, 2025
Fla. Referee Recommends Suspension For Former Trump Atty
Kenneth Chesebro, a former attorney for President Donald Trump and one of his co-defendants indicted in Georgia over alleged efforts to overturn the results of the 2020 presidential election, is facing a recommended 30-day suspension of his attorney's license in Florida.
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April 28, 2025
Accuser Seeks $630K Sanction For Wright Defamation Suit
A Freshfields LLP counsel who claimed she had been pressured into engaging sexually with her George Mason University law professor Joshua Wright — and who subsequently was hit with a $108 million defamation suit in Virginia state court — is seeking more than $630,000 in sanctions for his allegedly "costly yearslong baseless litigation" against her.
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April 28, 2025
MyPillow Attys Blame Filing Error After Judge Suspects AI Use
Attorneys representing MyPillow CEO Mike Lindell in a defamation lawsuit from a former Dominion Voting Systems Corp. executive have told a Colorado federal judge that a February brief the court suspected of being written with AI was a rough draft filed by mistake.
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April 28, 2025
Ex-Womble Bond Atty Alleges Race And Gender Bias
A former corporate and securities partner for Womble Bond Dickinson's Houston office has sued the firm in Texas state court alleging she faced discrimination due to her identity as a Hispanic woman and that, after she reported issues to human resources, she was retaliated against and eventually felt forced to resign.
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April 28, 2025
Texas Law Firm Beats Sanctions Ruling In Barratry Suit
A Lone Star State appellate court has tossed a $240,000 sanctions order for a Houston personal injury firm accused of leveling unfounded barratry claims against a client's former firm, finding that the trial court's order was issued after its jurisdiction had expired.
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April 28, 2025
NJ Atty Loses Social Media Defamation Case For Now
A New Jersey attorney lost a federal court ruling dismissing without prejudice his defamation lawsuit against a social media personality — who advocates for alleged victims of revenge porn — with the judge granting permission to refile with more specific claims.
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April 28, 2025
Saltz Mongeluzzi Hit With 2nd Suit On Heels Of Wage Suit Win
Days after a civil suit claiming Saltz Mongeluzzi & Bendesky PC violated fair labor standards ended with a jury verdict in favor of the firm, a former paralegal filed a complaint in Philadelphia federal court alleging she was subjected to harassment and discriminating comments up until her resignation.
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April 28, 2025
Pardoned NJ Atty Gets $431K Ruling Overturned In Loan Case
A suspended New Jersey attorney and current chair of the Ocean County Republican Organization — who was pardoned by President Donald Trump in 2021 for a conviction on failure to pay payroll taxes — secured a state appellate ruling Monday that reversed a $431,000 judgment against him over an allegedly unpaid loan.
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April 28, 2025
Feds No Longer Want Convicted Ex-Ill. Speaker To Forfeit $3M
The federal government has reversed course on a bid for former Illinois House Speaker Michael Madigan to forfeit more than $3 million in the wake of his partial conviction on public corruption, saying it stands by its legal arguments but was backing off as "a matter of discretion."
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April 28, 2025
'Give Me A Break': Judge Questions DOJ On Jenner Order
The Department of Justice on Monday argued for the dismissal of Jenner & Block LLP's lawsuit against the federal government over an executive order targeting the law firm for its selection of clients, with the judge on the case commenting "Give me a break" at one point during the DOJ's turn to speak.
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April 25, 2025
Ramey Loses Last-Minute Attempts To Avoid Sanctions
Texas attorney Bill Ramey and two others will have to pay more than $64,000 and alert disciplinary bodies that they have been sanctioned by Saturday, after a California federal court and the U.S. Supreme Court refused a last-minute stay on the sanctions.
Expert Analysis
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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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.