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Legal Ethics
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September 30, 2025
Paymentus Pins Fintech Atty's Firing On Behavior, Not Bias
Billing company Paymentus Corp. told a North Carolina federal judge on Tuesday that it fired a former in-house attorney due to her alleged lack of workplace professionalism, rebutting her claims of age and gender bias.
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September 30, 2025
Texas Law Firm Sues Staff Over Accessing Zoom Transcript
A Texas state judge has issued a temporary restraining order blocking three Tessmer Law Firm employees from accessing the firm's records and electronic systems, on the same day the San Antonio firm launched a suit accusing the workers of having improperly accessed the transcript of a confidential Zoom meeting and later tampered with firm files.
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September 30, 2025
Seton Hall Whistleblower Case Is Returned To Essex County
A New Jersey state trial court has moved a contentious whistleblower case between Seton Hall University and the school's former president back to Essex County after it was transferred to Hudson County to avoid a potential conflict of interest.
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September 30, 2025
FCA Suit Tainted By Expert's AI 'Hallucination' Gets Dismissed
A False Claims Act suit rocked by allegations of AI-generated hallucinations in an expert's report ended Tuesday after the federal government joined the case and quickly urged a Utah federal judge to throw it out.
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September 30, 2025
Defamation Litigation Roundup: Trump, Baker McKenzie
In this month's review of defamation fights, Law360 reports the latest updates in President Donald Trump's suits against major news organizations over their reporting on his presidency and relationships, as well as developments in a voting machine company's suit against MyPillow's CEO over election-rigging claims.
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September 30, 2025
Fla. Lawyer Charged With Battery While Facing Suspension
A Florida lawyer accused of scamming dozens of clients and facing emergency suspension was arrested Monday night on a domestic violence charge, a development that could hasten bar disciplinary action against him.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
DLA Piper Must Face Trial In Pregnancy-Firing Suit
A New York federal judge on Monday said DLA Piper must face trial in a discrimination case by a former lawyer who was fired two months after disclosing her pregnancy, saying the former seventh-year IP associate has made out a case around the circumstances of her 2022 departure.
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September 29, 2025
10th Circ. Backs DOJ's Prosecution Of Okla. Cannabis Atty
The Tenth Circuit has decided that the federal prosecution of an Oklahoma attorney accused of helping clients bypass the state's medical marijuana laws could proceed despite a federal policy that bars the U.S. Department of Justice from using funds to target state legal medical cannabis activity.
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September 29, 2025
Seyfarth Beats DQ Bid In Amazon COVID Screening Case
A Colorado federal judge Monday denied Amazon warehouse workers' bid to disqualify Seyfarth Shaw LLP from representing the e-commerce giant in a proposed wage class action, rejecting arguments that Amazon wrongly represented former managers who may be class members since the firm immediately withdrew from that representation once informed of the possible conflict.
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September 29, 2025
Ex-US Atty To Bring 'Formidable' Defense To Comey Charges
Faced with a blockbuster indictment alleging he lied to Congress, former FBI Director James Comey has turned to his longtime friend and famous tough-on-corruption ex-prosecutor Patrick Fitzgerald to fight the charges.
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September 29, 2025
McCarter & English Slams Pre-Trial Win Bid In $22M Suit
McCarter & English LLP has asked a Connecticut state judge to block two insurers' summary judgment bids on breach of contract claims connected to a $22.3 million professional negligence lawsuit, saying both sides agreed to a 2026 bench trial and conducted discovery assuming neither side would seek a quick win.
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September 29, 2025
Atty Behind Bogus Cites 'Tremendously Wrong,' Judge Says
A Georgia federal judge ruled Monday that an attorney for four women suing comedian Katt Williams violated a federal civil procedure rule by filing briefs including erroneous citations suspected to be generated by artificial intelligence, even as the lawyer claimed it was "the first time I've ever heard of" said rule.
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September 29, 2025
Sherwin-Williams Contests 'Exceptional Case' Fee Claim
Arguing over a single contentious issue does not support a report that labeled Sherwin-Williams' litigation strategy in a patent dispute as "exceptional,"Â the company asserted in a recent objection to recommendations that it should pay fines and attorney fees in the case.
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September 29, 2025
Posner Says 'Abusive' Pro Se Filings Warrant Harsh Sanctions
Retired U.S. Circuit Judge Richard A. Posner has asked the Seventh Circuit to end a pro se plaintiff's attempt to revive a $170,000 wage suit, while also seeking stiff sanctions for what he called decades of "abusive litigation."
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September 29, 2025
Va. Immigration Firm Accuses Ex-CFO Of Diverting Funds
A Virginia-based immigration law firm accused its former chief financial officer Monday of exploiting her access to firm finances by rerouting funds to businesses she controls and charging the firm for Uber rides, Amazon Prime and hotels.
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September 29, 2025
Catching Up With Delaware's Chancery Court
A Delaware vice chancellor expressed disappointment and concern over what she says is a "breakdown" in "civility and respect" that has emerged in recent Delaware corporate litigation. A $30 million settlement was approved in the five-year running Match.com reverse spinoff suit, and the top brass of Estée Lauder were hit with a derivative suit for allegedly covering up the company's reliance on prohibited, duty-free "gray market" sales of its products in China.
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September 29, 2025
Ex-Mass. US Atty Faces Bar Reprimand Over Leak, Texts
Former Massachusetts U.S. Attorney Rachael Rollins has agreed to waive a hearing and accept a public reprimand from state bar regulators as a sanction for leaking confidential material about an investigation to a reporter, then trying to shift blame away from herself in a "disingenuous" text to staff, according to a petition for discipline.
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September 26, 2025
NY Judge Grills CA Atty Over Botched Pro Hac Vice Filings
The Manhattan federal judge overseeing a major racial discrimination lawsuit against the NFL on Friday took a California attorney to task over a bungled pro hac vice filing and his failure to appear at a prior hearing, but stopped short of taking disciplinary action, for now.
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September 26, 2025
Atty Facing Crypto Fraud Charge Can't Block Evidence At Trial
A suspended Pennsylvania attorney's requests to exclude certain evidence from his upcoming October cryptocurrency fraud trial were largely shot down by a judge who found, among other things, that the requests should have taken the form of earlier motions to strike certain allegations from the government's indictment.Â
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September 26, 2025
Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict
Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."
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September 26, 2025
Atty Fights Uphill To Nix Sanctions For Motion With AI Errors
MPH International's counsel urged a California federal judge Friday to change his mind on sanctions requiring him to report to the state bar for filing a summary-judgment motion with AI-generated errors, arguing he had COVID, such mistakes are becoming commonplace and disciplinary proceedings could harm small practices and pro-bono work.
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Fitch Even Sues Litigation Funder CEO, Ex-Client For $1.2M
Chicago-based law firm Fitch Even Tabin & Flannery LLP has brought a lawsuit in Illinois federal court against a former client and the CEO of a litigation funder, saying it is owed more than $1.2 million in legal fees for the firm's work on a patent infringement case the ex-client filed against Samsung.
Expert Analysis
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Explicit Pic Takedown Law Casts A Wide Net
With a surprisingly broad range of online platforms potentially subject to the new Take It Down Act’s process for removing revenge porn or explicit deepfakes, all services that allow user interaction or content hosting should proactively evaluate their legal obligations and demonstrate compliance, say attorneys at Goodwin, say attorneys at Goodwin.