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Legal Ethics
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October 23, 2025
McGuireWoods Asks NC Justices To Stay Defamation Case
McGuireWoods LLP and a former partner are asking North Carolina's highest court to halt a defamation case over statements made in connection with an investigation into the former CEO of a managed care organization, saying they risk permanently losing their immunity defense if the suit is allowed to move forward.
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October 23, 2025
Shipbuilders' Discovery Demands Go Too Far, Engineer Says
One of the naval engineers suing the nation's largest military shipbuilders over an alleged no-poach agreement said she's already identified 20 witnesses and produced more than 3,000 pages of documents in discovery, but the companies are still asking for attorney work product in their latest demands.
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October 23, 2025
Judges Admit AI Missteps After Grassley's Oversight Push
Federal judges in New Jersey and Mississippi admitted their staff used artificial intelligence in faulty orders they had to redo over the summer, according to correspondence聽released Thursday by Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, who is investigating the matter.
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October 23, 2025
Biden Judicial Noms Atty To Lead Progressive Nonprofit
The American Constitution Society, a progressive legal nonprofit, has named a White House Senior Counsel from former President Joe Biden's administration as its next president, who in his time working at Pennsylvania Avenue oversaw a historic number of judicial confirmations.
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October 22, 2025
Blake Lively Seeks Sanctions Over 'Untraceable' Messages
Blake Lively told a New York federal judge Wednesday her "It Ends With Us" co-star Justin Baldoni, his production company and other defendants in her defamation case should be sanctioned for using Signal's auto-delete function in an attempt to erase evidence of their alleged retaliatory smear campaign against the actress.
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October 22, 2025
Baker McKenzie Partner Hired Security In Dispute With Ex-Atty
The managing partner of Baker McKenzie's Washington, D.C., office told a Maryland state judge Wednesday that he has had to employ a protective detail because of harassment and threats from a former firm associate who he says falsely accused him of sexual assault.
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October 22, 2025
'Danger Zone': 9th Circ. Judge Warns Atty Battling L'Oreal
A Ninth Circuit judge warned an attorney Wednesday he was in a "danger zone" and should have considered never appealing a district court's order throwing out his client's trade secrets case against L'Oreal USA Inc., saying the lower court's finding聽that his client fabricated evidence聽puts the attorney in the panel's crosshairs.聽聽
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October 22, 2025
Phillips 66 Can't Undo $805M Trade Secrets Trial Loss
Phillips 66 can't get a new trial after its $805 million loss on claims it stole startup Propel Fuels' intellectual property during due diligence for an acquisition, a California state judge has ruled, saying the jury's findings, including malicious misconduct, are well-supported.
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October 22, 2025
Fed. Circ. Faults PTAB Ax In Centripetal Case But Not Recusal
The Federal Circuit on Wednesday vacated the Patent Trial and Appeal Board's invalidation of Centripetal Networks LLC cybersecurity patent claims challenged by Cisco Systems Inc. in a high-stakes dispute, but rejected Centripetal's argument that the case was tainted by a PTAB judge's ownership of Cisco stock.
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October 22, 2025
Ohio Derailment Attys Can Start Contempt Bid Before Audit
An Ohio federal judge has granted a request from class counsel to advance a bid to hold the administrator of聽Norfolk Southern's $600 million derailment settlement in contempt without having to wait for the results of a court-ordered audit.聽
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October 22, 2025
Tax Court Judge Warns Against Unchecked AI Use In Filings
A U.S. Tax Court judge cautioned attorneys Wednesday against relying on artificial intelligence to write filings without verifying the information it generates, saying recent "unfortunate incidents" have prompted the court to double down on accuracy in using such tools.
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October 22, 2025
Privilege 'Dramatization' Won't Shield 7K Docs In Ads MDL
An Illinois federal judge took Meredith, Nexstar, Sinclair and other broadcasters to task Monday for trying to withhold 6,893 documents in multidistrict litigation alleging a television advertising price-fixing scheme, finding it "necessary to level set with defendants" on their own failings to justify withholding the material from ad buyers.
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October 22, 2025
Feds Fight Early Release For Atty Convicted Of $550M Fraud
Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.
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October 22, 2025
NY Atty Shouldn't Bring FCA Suit Against Ex-Client, Bar Says
A New York attorney has been cautioned that, in most cases, it is unethical to act as a relator in a qui tam False Claims Act suit against his former client, with new guidance warning against using information gained during representation to later bring such claims against former clients.
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October 22, 2025
Calif. Judge Censured For Delayed Rulings, Lying About Them
A California state judge has been publicly censured for taking more than six months to issue some decisions and lying about those delays on his salary affidavits, according to the state's judicial ethics body.
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October 22, 2025
Ex-NY AGs Say James Case Will Rally Office: 'Fuel To The Fire'
New York Attorney General Letitia James' criminal prosecution is unlikely to have any significant effect on the day-to-day operations of her office, including its suits against the federal government and an appeal in President Donald Trump's nearly $500 million civil fraud case, but former leaders of the office say it could strengthen the resolve of her staff.
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October 21, 2025
Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.
Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."
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October 21, 2025
Uber MDL Judge Sets Litigation Funding Disclosure Deadline
A California federal judge ruled Tuesday in multidistrict litigation accusing Uber Technologies Inc. of failing to prevent drivers from sexually assaulting passengers that plaintiffs' counsel must disclose any ties to third-party litigation funding companies by next week, but stopped short of ordering all plaintiffs' counsel to affirmatively deny any connection.
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October 21, 2025
Baker McKenzie Can't Get Illinois Malpractice Suit Tossed
An Illinois state judge has refused to dismiss a private equity firm's malpractice suit accusing Baker McKenzie of botching a client's bid to reacquire a Russian coal mine, saying the plaintiffs have sufficiently pled claims sustainable under both Illinois and Russian law at this stage of the case.
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October 21, 2025
NY Courts Can't Shield Memos To State Judges
The New York State Office of Court Administration may have to finally turn over a batch of "secret memos" that instruct state judges on how to interpret the law, the state's highest court ruled Tuesday.
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October 21, 2025
Cybersecurity Co. Wants Sanctions For 'Frivolous' Patent Suit
A Georgia-based cybersecurity firm facing allegations that it ripped off a software developer's patent called for sanctions Tuesday against the developer for his "frivolous" lawsuit, arguing his complaint misrepresents the "clear and unmistakable" language of a deal to give the company use of the technology.
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October 21, 2025
Colo. Federal Courts Halt Atty Discipline For Shutdown
The U.S. District Court for the District of Colorado has suspended all attorney discipline investigations in light of the government shutdown.
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October 21, 2025
Fla. Investor Sues NY Atty Over Litigation Funding 'Scheme'
A New York lawyer is facing state court claims alleging he scammed a Florida investor out of more than $2.5 million by "effectively running a Ponzi scheme" under the guise of a litigation finance investment.
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October 21, 2025
Georgia Atty Can't Shake Contempt Conviction For Tardiness
An attorney who was hours late for jury selection in a felony case in Georgia received adequate notice that the matter was set for trial and cannot avoid a judge's criminal contempt finding, a state appellate panel ruled Tuesday.
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October 21, 2025
Connell Foley Hit With $40M Suit Over NJ Hotel Project
A hotel developer is mounting a $40 million malpractice lawsuit against Connell Foley LLP in New Jersey state court, alleging the firm steered it into costly arbitration with a contractor on a hotel construction project.
Expert Analysis
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes 鈥 complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch鈥檚 authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
鈥淣o comment鈥 is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits 鈥 but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Applying ABA Atty Role Guidance To White Collar Matters
The American Bar Association鈥檚 recently published guidance, clarifying the duties outside counsel owes to both organizational clients and those organizations' constituents, provides best practices that attorneys representing companies in white collar and other investigative matters should heed, say attorneys at MoFo.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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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鈥檚 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鈥檚 recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state鈥檚 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 鈥 after first making e-discovery processes technically and legally harder.