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Legal Ethics
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April 11, 2025
Hagens Berman Sanctioned Over Disappearing Client
Hagens Berman Sobol Shapiro LLP is facing monetary sanctions in a proposed class action against Apple and Amazon, after a Washington federal judge said the firm misled her about a problem client who disappeared and wasted the court's time in the process.
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April 11, 2025
Alex Jones' Sandy Hook Atty Lands 7-Day Suspension Credit
Alex Jones' former lead Connecticut attorney will be suspended for only one additional week because of a prior sit-out in 2023, a state court judge has clarified, saying she hadn't considered that Norm Pattis was previously benched while he appealed his discipline for his role in transferring Sandy Hook families' confidential records to another Jones attorney.
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April 11, 2025
Ex-Girardi CFO Gets 10 Years For 'Devastating' Fraud
A California federal judge sentenced Girardi Keese's former chief financial officer to just over 10 years in prison Friday for aiding firm leader Tom Girardi's $15 million client theft scheme while also embezzling $6 million for himself, saying the two interrelated schemes "had devastating and far-reaching effects."
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April 11, 2025
Keller Postman Denies Breaching Arbitration Deal With Tubi
Keller Postman LLC shot back at Tubi Inc.'s claims that it violated an agreement meant to cool a heated dispute amid the video streaming service's tortious interference suit over mass arbitration against its user agreement, with the firm arguing it "complied with every stipulation it made to this court."
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April 10, 2025
Prosecutor's Sexting With Ex-Judge Was Misconduct, DOJ Says
The U.S. Department of Justice has concluded that a federal prosecutor in Alaska who accused former U.S. District Judge Joshua Kindred of coercing her into a sexually charged "abusive relationship" committed intentional professional misconduct when she stayed silent about their interactions and continued arguing cases in his courtroom.
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April 10, 2025
Puerto Rico Judge Says Atty Plagiarized Climate Complaint
Calling it a "cautionary tale for all members of the bar," a Puerto Rico federal judge has upbraided an attorney representing San Juan for plagiarizing the complaint and other briefs in the municipality's lawsuit alleging energy industrial giants misrepresented the climate dangers of fossil fuel products.
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April 10, 2025
Judge DQs Atty Suing FIFA Over Antitrust Allegations
A Puerto Rican federal judge on Thursday disqualified an attorney suing FIFA and local affiliates over allegedly blocking rival soccer leagues, saying the lawyer cannot simultaneously be a plaintiff, counsel and factual witness.
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April 10, 2025
NH Justice Launches New Bids To Toss Criminal Charges
A New Hampshire Supreme Court justice has launched a new series of motions to dismiss charges she interfered with the state attorney general's investigation of her husband, after two earlier dismissal bids failed.
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April 10, 2025
Mass. Officials, Feds On A 'Low Boil' After Midtrial ICE Arrest
The midtrial immigration arrest of a Dominican national during his Massachusetts court case has raised tensions between federal and state prosecutors and threatens to injure cooperation between the offices, experts say.
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April 10, 2025
House Panel Ditches Bid For Northwestern Law Info After Suit
A U.S. House committee on Thursday backed away from an earlier request for documents about the funding and governance of legal clinics at Northwestern University's law school, citing "ongoing negotiations" with the university just one day after two Northwestern law professors alleged in federal court that they were being unlawfully targeted for purported "left-wing advocacy."
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April 10, 2025
Ex-Trump Attys Seek To Block Jan. 6 Info In Mich. Ethics Case
Attorneys accused of violating ethics rules amid their involvement in a legal challenge to Michigan's 2020 presidential election results and supporting President Donald Trump's election fraud theories have urged the Michigan Attorney Discipline Board's hearing panel not to accept evidence or witnesses regarding the events of Jan. 6, 2021, arguing they are "completely irrelevant."
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April 10, 2025
Judge Romance Fee Disputes Moved From Bankruptcy Court
A Texas federal district court agreed to preside over a suit brought by the U.S. Trustee's Office to make Jackson Walker LLP forfeit fees from more than 30 cases overseen by a former bankruptcy judge who was romantically involved with a one time-partner from the firm.
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April 10, 2025
Conn. Firm Fights Atty Fee Award In Client's Suit Over Scam
Connecticut law firm Mancini Provenzano & Futtner LLC has asked a Constitution State court to reconsider its decision to award attorney fees and prejudgment interest to a former client after a fraudster used the firm's email system to rob the client of $90,586, arguing there was no bad faith to warrant such an award.
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April 10, 2025
Conn. Justices Seem Open To Redo Of Atty's Scam Damages
Justices of the Connecticut Supreme Court appeared sympathetic Thursday to an attorney's argument that they should boost the damages he won against scammers in an identity theft case, and asked probing questions about how the $450,000 award was calculated, then recalculated, in two lower courts.
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April 10, 2025
Carlton Fields Beats DQ Bid In Fla. $500M Miss America Suit
A Florida federal judge denied a bid to disqualify Carlton Fields in a $500 million lawsuit over the ownership of the company that runs the Miss America pageant, saying such a remedy is extraordinary, and that the allegations are "scattered and speculative."
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April 10, 2025
Del. Justices Urged To Revive Gellert Seitz Malpractice Case
A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.
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April 10, 2025
Consumer Wants Steam Award Axed, Says Arbitrator Used AI
A consumer has asked a California federal court to vacate an arbitral award issued in favor of Valve Corp., the company behind the PC game marketplace Steam, accusing the case's arbitrator of improperly relying on artificial intelligence.
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April 10, 2025
Thompson Hine Appeals Arbitration Denial In Harassment Suit
Thompson Hine LLP notified a New York federal court Wednesday of its plans to appeal last week's ruling that a former income partner who accused the firm of allowing a "toxic boys club" to flourish in its Manhattan office can still pursue her harassment suit outside arbitration.
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April 10, 2025
Retired Atty Says Arbitration Demand Is 13 Years Too Late
An 81-year-old retired attorney and director at Goulston & Storrs PC is asking a Massachusetts judge to block an arbitration demand sent nearly 13 years after a court found that's where the case belonged.
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April 09, 2025
FBI Agent Denounced By OneTaste Execs Likely To Testify
An FBI agent accused of misconduct by two former OneTaste executives will likely be allowed to testify at their upcoming trial on forced labor conspiracy charges, a Brooklyn federal judge said Wednesday.
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April 09, 2025
House Approves Bill To Restrict Nationwide Injunctions
The House voted 219-213 on Wednesday to approve a bill curbing nationwide injunctions, a move the Trump administration has thrown its support behind after district court judges paused or halted many of the administration's initiatives over the last few months.
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April 09, 2025
Wigdor Can Drop Client But Must Face Black's Sanctions Bid
A Manhattan federal judge on Wednesday allowed Wigdor LLP to withdraw as counsel for a Jane Doe plaintiff in a sexual assault lawsuit against ex-Apollo Global Management CEO Leon Black, but said the firm would remain in the case to face a sanctions motion by the billionaire.
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April 09, 2025
Susman Godfrey Latest BigLaw Firm Targeted In Trump Order
Susman Godfrey LLP became President Donald Trump's latest BigLaw target when he signed an executive order Wednesday revoking its access to government resources and buildings, a directive the firm immediately blasted as "unconstitutional" and vowed to fight.
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April 09, 2025
LA City Atty Cops To Altering Docs, Urges Sanctions Restraint
The Los Angeles City Attorney's Office has admitted to destroying and modifying evidence tied to homeless residents' lawsuit challenging the constitutionality of encampment sweeps, while telling a California federal court the punitive sanctions those residents seek are too harsh a remedy.
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April 09, 2025
Colo. Justices Uneasy With Presumption For Malicious Claims
Colorado justices on Wednesday worried about creating an "almost impossible" burden to overcome if they agreed that a broker's failure to get a pretrial win in a professional negligence suit should automatically undercut her malicious prosecution case, with one justice noting that judges can be "gun shy" about not letting juries decide a case.
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.