Legal Ethics

  • October 15, 2021

    Opioid Inquiry Faults Arnold & Porter But Rejects Some Relief

    Arnold & Porter engaged in sanctionable conduct by failing to divulge key documents from Endo Pharmaceuticals before and during a New York opioid trial, but certain requests for harsh discipline aren't warranted, a retired judge wrote in a court-commissioned report released Friday.

  • October 15, 2021

    Jay-Z Spied On Witness To Force In-Person Testimony At Trial

    Jay-Z's attorney hired a private investigator to surveil the former president of the perfume company suing the hip-hop mogul, according to new court documents filed Friday night that argue the executive's doctor's notes submitted to help him avoid testifying in person don't pass the smell test. 

  • October 15, 2021

    Steinmetz Ordered To Honor Year-Old Discovery Request

    A New York federal judge granted Brazilian mining company Vale SA's request to compel discovery on Friday in its $2.2 billion arbitration award confirmation suit, three days after the company accused Israeli billionaire Beny Steinmetz of snubbing its 18-month-old discovery request related to his assets.

  • October 15, 2021

    UK Litigation Roundup: Here's What You Missed In London

    This past week in London has seen another Italian region in a lawsuit over derivatives contracts, the U.K.'s high-speed railway project facing a fresh legal challenge, and a British chain of discount retail stores suing Shoosmiths. Here, Law360 looks at those and other new claims in the U.K.

  • October 15, 2021

    Student Debtors Lose Fla. Fraud Cases — For Now

    A federal judge has dismissed three consolidated cases accusing a student debt relief operation of fraud and racketeering but left the door open for debtors to file an amended complaint, while permanently dismissing malpractice claims against Florida law firm Berger Singerman over its role in the creation of the alleged scam.

  • October 15, 2021

    Counsel Sanctioned In Newark Health Dept. Bias Suit

    An attorney representing a health inspector of Haitian descent in a national origin and retaliation bias suit against the Newark health department was ordered by a New Jersey federal judge on Thursday to reimburse the defendants for legal fees and costs incurred through the litigation.

  • October 15, 2021

    Jones Day Derides Paralegal's 'Excuses' On Serving Bias Suit

    A fired Jones Day paralegal's "feeble justifications" shouldn't win her a second chance to serve the international law firm with her discrimination and harassment suit, the firm told a Boston federal judge Friday.

  • October 15, 2021

    Jury Axes Sexual Harassment Claims Against MyPhillyLawyer

    A Pennsylvania federal jury cleared personal injury firm MyPhillyLawyer on Friday of allegations from a former paralegal that she was subjected to repeated sexual harassment from attorneys and other co-workers during her brief tenure with the firm three years ago.

  • October 15, 2021

    Clyde & Co Hit With £9M Negligence Suit By Nigerian Biz

    Two Nigerian maritime companies have sued Clyde & Co for almost £9 million ($12.4 million), saying the law firm made them settle a dispute over corporate ownership in the face of "blackmail" and "coercion."

  • October 15, 2021

    Pa. Atty Disbarred In NJ For Misusing Client Trust Funds

    The New Jersey Supreme Court on Thursday stripped former Fitzpatrick Lentz & Bubba PC attorney Anthony S. Rachuba IV of his Garden State license following his disbarment in Pennsylvania for misappropriating funds from a client's living trust.

  • October 14, 2021

    11th Circ. Denies Lin Wood's Sanctions Bid Against Ga. Bar

    The Eleventh Circuit on Thursday shot down a sanctions bid from controversial right-wing attorney L. Lin Wood Jr., who'd accused State Bar of Georgia disciplinary board members of "frivolously" trying to dismiss his challenge to their request that he undergo a mental health evaluation.

  • October 14, 2021

    LA County Prosecutors Accuse Gascón Of 'Political Cronyism'

    The union representing Los Angeles County prosecutors has accused District Attorney George Gascón of "political cronyism" by appointing ineligible political supporters to certain protected positions in his office, asking a state court Thursday to grant an injunction while the prosecutors appeal the appointments.

  • October 14, 2021

    FBI's Ex-No. 2 McCabe Inks Deal Over 'Political' Firing

    Former FBI Deputy Director Andrew McCabe reached a settlement with the federal government of a suit alleging he was illegally fired for refusing to enact the political agenda of former President Donald Trump, telling a Washington, D.C., federal court on Thursday that the deal makes McCabe eligible for his full pension and other retirement-related benefits.

  • October 14, 2021

    Mo. High Court Suspends Cannabis Advocate's Law License

    The Supreme Court of Missouri suspended the law license of a criminal defense and cannabis attorney who has led the state chapter for the legalization advocacy group NORML and served on the organization's national board.

  • October 14, 2021

    NJ Atty Keeps License As Disbarment Rule Goes Untouched

    The New Jersey Supreme Court on Thursday saved an attorney from losing her state law license for covering a client's settlement payment with other clients' funds before receiving the money from him, as the justices censured the lawyer while stopping short of revisiting the state's disbarment rule.

  • October 14, 2021

    Florida High Court Rules Traffic Ticket App Is Practicing Law

    The Florida Supreme Court ruled Thursday that defunct traffic ticket defense startup TIKD Services LLC was engaged in the unlicensed practice of law and blocked it from restarting operations in Florida. 

  • October 14, 2021

    Fla. High Court Passes On Discovery Disparity Question

    The Florida Supreme Court on Thursday affirmed denials of two personal injury defendants' bids to block disclosure about their attorneys' or insurers' financial relationships with medical expert witnesses, but the justices declined to address the lower courts' questions of whether a 2017 ruling has unfairly resulted in defendants being treated differently than plaintiffs.

  • October 14, 2021

    Mutual Funds Could Salve Fed. Judiciary's Conflict Headaches

    The recent revelation that more than 130 federal judges didn't exit hundreds of cases involving companies in which they or a family member owned stock is triggering new interest in an elementary market solution: the mutual fund.

  • October 14, 2021

    MyPhillyLawyer Boss Slams Ex-Staffer's Harassment Claims

    The managing partner of Philadelphia-based personal injury firm MyPhillyLawyer forcefully denied allegations during testimony on Thursday that he made an inappropriate comment to an ex-paralegal who's now pursuing a sexual harassment case against her erstwhile employer.

  • October 14, 2021

    Abrams & Bayliss 'On The Line' In Biogen Fee-Shift Request

    Pharmaceutical company Biogen Inc. narrowly avoided a shareholder's demand that it pay for driving up litigation costs in a Delaware Chancery books and records case, but its counsel Abrams & Bayliss LLP nevertheless left court Thursday with a stern warning that the firm was right "on the line" of breaking the rules.

  • October 14, 2021

    Lawmakers Demand Chief Justice Act On Recusal Report

    Two Democratic lawmakers have asked U.S. Chief Justice John Roberts Jr. for the judiciary's response to an explosive Wall Street Journal report documenting hundreds of cases in which federal judges failed to recuse themselves despite stock conflicts and questioned his role in the controversy as the head of the judicial branch.

  • October 14, 2021

    Lowenstein Atty, Gov.'s Aide Pulled Into NJ Virus 'Favor' Suit

    A Lowenstein Sandler LLP attorney and the outgoing chief of staff to New Jersey Gov. Phil Murphy must face allegations they took part in firing a state health official for objecting to collecting COVID-19 test samples from the chief of staff's relatives, a state judge has ruled in the ex-official's whistleblower suit.

  • October 14, 2021

    Conn. Atty Accuses Criminal Justice Body Of Age Bias

    A senior assistant state's attorney in Connecticut filed a discrimination suit against the state's Criminal Justice Commission on Wednesday, alleging that its denial of interviews for multiple high-ranking state's attorney positions amounted to age discrimination.

  • October 14, 2021

    Orrick, Cleary Hit With $310M Malpractice Suit

    Renewable energy company TerraForm Power slapped Orrick Herrington & Sutcliffe LLP and Cleary Gottlieb Steen & Hamilton LLP with a legal malpractice suit Wednesday, alleging the firms botched an M&A deal resulting in damages worth more than $300 million.

  • October 14, 2021

    Troubles Mount For Atty Murdaugh With $4M Theft Charges

    Embattled South Carolina attorney Alex Murdaugh was arrested Thursday for allegedly swiping $4.3 million in settlement money from the sons of his former housekeeper, who died at his home.

Expert Analysis

  • Can Ariz. Nonlawyer Ownership Create A New Type Of Atty?

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    Arizona's new alternative business structure law requires nonlawyer-owned firms to hire compliance attorneys, leaving Arizona lawyers to wonder whether they may work for more than one firm as independent contractors for hire without running afoul of ethics rules, says Andrew Halaby at Greenberg Traurig.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • How Ga. High Court Ruling May Shape Damage Liability

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    The Georgia Supreme Court’s recent holding in Alston & Bird v. Hatcher Management that damages cannot be apportioned to nonparties in single-defendant cases means parties facing tort claims will need to explore various avenues to counter this precarious result, say Christian Bromley and Kevin Arocha at BCLP.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

  • Series

    Embracing ESG: United Natural Foods GC Talks Bottom Line

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    In prioritizing environmental, social and governance initiatives as strategic value drivers, corporate general counsel can leverage meaningful ESG progress to benefit both the business's bottom line and the wider world, says Jill Sutton at United Natural Foods.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

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