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Legal Ethics
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May 20, 2025
Veterans Seek Certification For VA Consultant Fee Claims
A proposed class of veterans urged a North Carolina federal judge to certify their claims against a consulting firm they allege charged them millions in illegal fees, arguing that the individual claims of thousands all hinge on a single statutory interpretation.
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May 19, 2025
Goldstein Assails 'Radical' DOJ Case, Probe Of 'Sexual Habits'
In his most forceful attack on tax evasion charges that have roiled the U.S. Supreme Court bar, indicted appellate icon Thomas C. Goldstein is accusing the U.S. Department of Justice of embracing "breathtaking" legal theories and revealing prurient information about him "to bias the grand jury."
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May 19, 2025
Posner Wins Ex-Staffer's $170K Wage Suit
A former executive at retired Seventh Circuit Judge Richard Posner's short-lived pro bono legal services organization lost his bid for $170,000 in back pay he claimed to be owed on Monday when an Indiana federal court found claims to be untimely.
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May 19, 2025
Va. State Judge Clears VLSI's Fraud Suit Against PQA
Patent Quality Assurance and an associated attorney must face litigation accusing them of fraud during an inter partes review against VLSI Technology, a Virginia state judge has concluded.
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May 19, 2025
DuPont And Garden State Clash In PFAS Trial Opener
New Jersey and E.I. du Pont de Nemours were at odds on Monday in federal court over the risks and cleanup of "forever chemical" contamination at a Salem County manufacturing facility, with the state claiming it was intentionally misled and DuPont arguing the state is changing the rules.
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May 19, 2025
Apple's Refusal To Put Fortnite On App Store Prompts Hearing
A California federal judge issued an order Monday requiring Apple to show why she should not find that the company has violated her recent injunction requiring changes to its App Store policies, after Epic Games complained that the tech giant is refusing to put Fortnite back on its U.S. online storefront.
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May 19, 2025
Amazon Asks 9th Circ. To Flip 'Inadvertent' Discovery Ruling
Amazon asked the Ninth Circuit to reverse a Washington federal court's ruling that refused its bid to claw back documents inadvertently produced in proposed antitrust class actions, saying companies need to be able to fix mistakes made when designating privileged documents.
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May 19, 2025
Trump Signs Anti-Revenge Porn Bill Into Law
President Donald Trump on Monday signed into law a bipartisan bill to combat deep fake revenge porn, a major priority for first lady Melania Trump that has been met with criticism from some technology groups over security and constitutional concerns.
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May 19, 2025
CFTC Should Pay $3M Atty Fees After Sanctions, Firm Says
A foreign exchange firm that won dismissal of a U.S. Commodity Futures Exchange Commission case after a New Jersey federal judge sanctioned the agency for bad faith behavior now says the CFTC should have to pay nearly $3 million for failing to own up to its mistake sooner.
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May 19, 2025
Cos. Fight Recusal Bid In Antitrust Case Over Clerk Ties
The Minnesota federal judge overseeing a major pork price-fixing case shouldn't have to recuse himself just because one of his clerks worked at plaintiffs-side firms, pork purchaser plaintiffs say, calling the defendants' request a cynical ploy that comes on the eve of trial.
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May 19, 2025
Investment Adviser Seeks Cadwalader Notes In Fraud Case
An investment manager who used to be represented by U.S. Deputy Attorney General Todd Blanche when Blanche was a partner at Cadwalader Wickersham & Taft LLP has asked a Brooklyn federal judge to order the firm to turn over documents that he called "critical" to his defense on fraud and money laundering charges.
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May 19, 2025
Fla. Judge Resigns Amid Call For Removal Over 'Bigot' Remark
A Florida judge who accused her opponent of antisemitism and bigotry said she will resign from the bench after the Florida Judicial Qualifications Commission "reluctantly, but of necessity" recommend her removal.
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May 19, 2025
Atty Says Texas Firm Fired Her For Taking Protected Leave
A former associate at a prominent Texas personal injury firm who claims she was fired after she took medical leave for a disabling eye condition and bereavement leave upon her mother's death has brought a disability discrimination suit against the firm and associated entities in federal court in Houston.
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May 19, 2025
Ex-Staffer Fights NJ Law Firm Blume Forte's Arbitration Bid
A former staff member who is suing personal injury law firm Blume Forte Fried Zerres & Molinari PC, alleging disability discrimination, is disputing an assertion that she signed a valid arbitration agreement with the firm, arguing that any such agreement is unenforceable in New Jersey state court.
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May 19, 2025
Ex-Bank GC Fights $7.4M Fraud Restitution Schedule
A former Webster Bank general counsel has opposed part of a government plan for repaying the $7.4 million he pled guilty to taking by fraud, saying he will be in prison for four years, resigned as an attorney, remains unemployed and cannot work in banking once he's free.
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May 19, 2025
Ex-Litigator Settles Disability Bias Suit Against Wilson Elser
A former Wilson Elser Moskowitz Edelman & Dicker LLP litigator on Monday agreed to permanently drop his federal disability bias suit against the firm, after the sides came to a confidential resolution.
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May 19, 2025
Avenatti Rips 'Draconian' Bid To Add 13 Years To Sentence
Former high-profile attorney Michael Avenatti asked a California federal judge to reject the government's request to tack on more than 13 years to his prison term, saying such a "draconian" result would conflict with a Ninth Circuit ruling wiping out a previous sentence in the fraud case.
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May 19, 2025
Pa. County Must Face Suit Over Ex-DA's Sex Assault
The government of Somerset County, Pennsylvania, can't duck a lawsuit brought by a woman who claims the county should have stopped its then-district attorney from stalking, harassing and sexually assaulting her, a federal judge ruled Monday.
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May 19, 2025
Partner Hire Kills Jurisdiction In Referral Suit, Mass. Firm Says
A Boston law firm told a Massachusetts federal court on Monday that it plans to refile its suit seeking a referral fee from a Minnesota firm that served as co-lead counsel in a salmon purchaser antitrust case, after the latter firm's hiring of a Massachusetts-based partner defeated federal court jurisdiction.
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May 16, 2025
9th Circ. Mulls DOJ Shield Of Jones Day VW Documents
A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.
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May 16, 2025
Anthropic's AI-Hallucinated Errors Taint Filing, Publishers Say
Music publishers suing Anthropic for copyright infringement accused the artificial intelligence company on Friday of downplaying the seriousness of errors in a filing caused by Anthropic's own Claude AI tool, saying the company's counsel violated a judge's standing order and arguing that the filing at issue should be tossed.
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May 16, 2025
Injured Ross Shopper Sanctioned For Discovery Violations
A woman suing Ross Dress for Less Inc. for injuries she suffered in a fall was sanctioned for failing to disclose that she received medical treatment stemming from a car accident two years prior, but a Florida federal judge stopped short of granting the "ultimate" sanction of dismissal.
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May 16, 2025
Attys With 'Borrowed' Claims Can't Skip Inquiry, Lumen Says
Telecommunications company Lumen has told the Colorado Supreme Court that attorneys still need to conduct their own "objectively reasonable inquiry" when borrowing claims from outside litigants, in the hopes of beating a shareholder suit that took allegations from other cases despite attorneys not speaking to the witnesses.
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May 16, 2025
Accused Fox Video Hacker's Attys Slammed For Fake Citations
A Florida federal judge has ordered an alleged Fox News video hacker's dismissal motion stricken from the record after finding it was full of fake legal citations and demanded an explanation from defense attorneys for the "unprofessional misrepresentations."
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May 16, 2025
Florida Ex-Financial Adviser Admits To $8.4M Elder Fraud
A former financial adviser pled guilty to a criminal charge in connection to defrauding an elderly family member out of $8.4 million, admitting to a Florida federal court he made false misrepresentations that he was buying investments on her behalf, but he was actually spending the money on himself.
Expert Analysis
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Lawyers Must Be Careful When Using Listservs
The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.