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Legal Ethics
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April 25, 2025
NY Judge Axes Ford O'Brien Malpractice Suit
A former Ford O'Brien Landy LLP client who claimed the firm's "haphazard" representation lost him millions at arbitration has had his legal malpractice suit thrown out of New York state court, with a judge finding no evidence that the outcome would have changed had his counsel acted differently.
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April 25, 2025
NJ Atty Sues Former Partner Over Diverted Fee Awards
A New Jersey attorney sued his onetime debt collection defense law partner in Union County Superior Court this past week alleging that the former partner kept fee awards owed to the firm for himself as the partnership collapsed and the firm faced financial troubles.
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April 25, 2025
Chaitman Reaches Malpractice Settlement Over RE Dispute
Chaitman LLP has reached a tentative settlement with a pair of siblings suing it for legal malpractice in New Jersey state court after nearly three years of litigation and just weeks before a $900,000 offer by the firm was due to expire.
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April 25, 2025
Wis. Judge Charged With Shielding Migrant From ICE Arrest
The FBI arrested a Milwaukee state judge on Friday for allegedly blocking federal immigration officials from apprehending an unauthorized migrant by purportedly sneaking him through a jury door earlier this month to avoid U.S. Immigration and Customs Enforcement officers, according to court documents.
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April 25, 2025
NJ Firm Says Worker's Discovery Failures Doom Wage Suit
A former employee of a personal injury law firm has failed to respond to its discovery requests in her lawsuit alleging she was paid less than men and harassed while she was pregnant, and her case should therefore be thrown out, the firm told a New Jersey state court.
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April 25, 2025
Mich. Firm Opposes Fee Bid For 'Mishandled' Civil Rights Case
A Michigan law firm is opposing a request for excessive fees from lawyers who it says improperly withdrew from a suit they "mishandled" that nevertheless succeeded, asking a federal judge to instead determine a reasonable fee split.
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April 25, 2025
Calif. High Court Wants Answers On Bar Exam AI Use
Days after the State Bar of California revealed it utilized artificial intelligence to develop some questions included in its embattled February 2025 exam, the state's Supreme Court released a statement demanding the bar association provide additional details.
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April 25, 2025
Incarcerated Ex-Nelson Mullins Atty Suspended In Ohio
The Ohio Supreme Court has suspended a former Nelson Mullins Riley & Scarborough LLP attorney, who is serving a one-year jail sentence for disobeying law enforcement orders, from practicing law in the Buckeye State.
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April 25, 2025
9th Circ. Won't Revive 'Recalcitrant' Atty's Judicial Complaint
The Judicial Council of the Ninth Circuit will not revive a judicial complaint brought against a federal judge by an attorney who was held in contempt and taken into custody for repeated outbursts and arguing with the judge during a 2021 jury trial.
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April 24, 2025
Skadden Meddled With Internal Trump Deal Talk, NLRB Told
A worker rights group has filed an unfair labor practice charge against Skadden Arps Slate Meagher & Flom LLP with the National Labor Relations Board, claiming that the firm restricted access to email distribution lists to "suppress employee discussions" about Skadden's deal with the Trump administration.
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April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges
The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
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April 24, 2025
DOT Drops SDNY Attys Who Accidentally Exposed Case Flaws
The U.S. Department of Transportation said Thursday it replaced its defense counsel after the U.S. Attorney's Office in New York's Southern District accidentally filed publicly a confidential memo advising the DOT it's "very unlikely" to win litigation challenging the DOT's bid to kill New York's congestion pricing.
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April 24, 2025
Lawmakers Seek Answers From Law Firms Over Trump Deals
Democratic congressional members on Thursday demanded that Kirkland & Ellis, Latham & Watkins and seven other BigLaw firms provide more details on multimillion-dollar deals they've recently cut with the Trump administration, urging the firms to void their agreements while arguing they may violate numerous anti-bribery and legal ethics statutes.
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April 24, 2025
Mass. DA Says No Basis For Contempt Against ICE Agent
The chief prosecutor for Boston said Thursday he will not pursue a criminal contempt complaint against a U.S. Immigration and Customs Enforcement agent who took a defendant into custody in the middle of a trial last month, calling a state court judge's finding and referral "patently illegal."
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April 24, 2025
Mich. Judge Won't Halt Atty's State Cases For Retaliation Suit
An attorney pursuing a sexual harassment suit against her former boss and mentor should ask the Michigan state court to stay allegedly retaliatory actions pending there, a Michigan federal judge has ruled, denying the lawyer's request to step in under the All Writs Act to pause the related actions.
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April 24, 2025
Ex-Bank GC Gets 4-Year Sentence In $7.4M Fraud Scheme
A former Webster Bank general counsel and corporate secretary was sentenced Thursday to four years behind bars after pleading guilty to spending nearly eight years embezzling $7.4 million and funneling at least some of the money through his personal attorney trust accounts.
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April 24, 2025
Creek Can't Block Tulsa County Officials In Jurisdiction Fight
An Oklahoma federal judge denied a bid by the Muscogee (Creek) Nation to block Tulsa County officials from asserting criminal jurisdiction on its reservation, saying it has yet to show that its interests outweigh that of enforcing laws against Native Americans who don't belong to the tribe.
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April 24, 2025
Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement
A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.
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April 24, 2025
'Egregious' Delays Wipe Out Ga. Health Fraud Case
A Georgia federal judge on Thursday dismissed an eight-year-old case over alleged Medicaid fraud, calling the government's delays in bringing three healthcare executives to trial "egregious" and noting that the alleged criminal conduct took place between 12 and 25 years ago.
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April 24, 2025
NY AG Says Housing Fraud Claim Is 'Retribution' By Trump
New York Attorney General Letitia James on Thursday pushed back on claims by a federal housing official that she committed mortgage fraud, with her counsel branding it "the latest act of improper political retribution" directed by President Donald Trump after James' office secured a nearly half-billion dollar civil fraud judgment against him.
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April 24, 2025
Ex-BigLaw Atty's Plea Deal At Center Of Death Proceeds Suit
The godson of a Georgia woman fatally shot by her husband, a former BigLaw partner, has pushed back against a claim from the administrator of the woman's estate regarding a provision in the attorney's plea deal that assigned wrongful death settlement proceeds to the godson and his brother.
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April 24, 2025
Margolis Edelstein Accused Of Botching Malpractice Coverage
Margolis Edelstein is facing a malpractice suit in New Jersey state court alleging a Berkeley Heights-based partner negligently settled an insurance-related case based on "theoretical damages" for over $2 million.
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April 24, 2025
Tenn. Middle District Proposes Rule Change Amid Speech Suit
The four district judges of the Middle District of Tennessee have proposed an update to the local rules of court, including clarifying limits on what lawyers may tell the press amid civil proceedings, while a Nashville lawyer's free speech suit against the district is on appeal before the Sixth Circuit.
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April 24, 2025
ABA Sues DOJ For Ending Domestic, Sexual Violence Grants
The American Bar Association sued the U.S. Department of Justice on Wednesday for terminating its grants to the Bar's Commission on Domestic and Sexual Violence, one of several federal funding cuts the ABA says are compelling it to lay off more than 300 people.
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April 24, 2025
Mich. Justices Deny Proposal For Reporting Suicide Threats
A divided Michigan Supreme Court has rejected a proposed professional ethics rule that would have permitted lawyers to disclose a client's threat of self-harm as an exception to attorney-client confidentiality.
Expert Analysis
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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.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.