Legal Ethics

  • July 30, 2021

    Maxwell's Ex-Atty Broke SDNY Rules With Cosby Op-Ed

    A New York federal judge put Ghislaine Maxwell's former lawyer "on notice" over the attorney's opinion piece, which argued that the accused sex trafficker should have her charges dropped like Bill Cosby, finding Friday that it's possible the op-ed could influence potential jurors.

  • July 30, 2021

    Avenatti Lied About $3M NBA Player Deal, Ex-Client Testifies

    One of Michael Avenatti's former clients told the California federal jury in his embezzlement trial Friday that the suspended attorney lied about the terms of her $3 million settlement with NBA player Hassan Whiteside, leading her to believe it was Whiteside's fault she wasn't receiving the money.

  • July 30, 2021

    DC Circ. Upholds Judicial Watch's $2.8M Win Over Klayman

    Conservative attorney Larry Klayman is still on the hook for $2.8 million after the D.C. Circuit rejected his attempt to undo his defeat in a jury trial that capped off more than a decade of bitter litigation between Klayman and Judicial Watch, the right-wing legal activist organization he founded.

  • July 30, 2021

    Lowenstein Sandler Beats Suit Over Pharma Exec's Estate

    Lowenstein Sandler LLP and a firm attorney knocked down a malpractice suit over their handling of a deceased pharmaceutical executive's estate after a New Jersey federal judge ruled Friday she didn't have the authority to hear the case since they each called the Garden State home.

  • July 30, 2021

    Ch. 11 Trustee Tells 2nd Circ. Church Sale Was Valid

    The trustee of a bankrupt Bronx-based church defended both her appointment and the sale of the church property before the Second Circuit on Friday, saying nothing she did violated the church's religious freedom.

  • July 30, 2021

    2nd Circ. Revives Contract Suit Against Fee-Transferring Attys

    A convicted arms trafficker may pursue breach of contract claims against attorneys who pocketed a retainer fee he says should have been refunded when one of the attorneys left the case, the Second Circuit ruled on Friday.

  • July 30, 2021

    5th Circ. Judge Assails Disparate Impact In Race Bias Case

    A Trump-appointed Fifth Circuit judge took aim at the idea that "neutral policies" with a disproportionate negative impact on minorities violate federal discrimination law, likening the notion to critical race theory and arguing both can engender racial bias.

  • July 30, 2021

    Fla. Judge Says NSU Law Student Should Be Sanctioned

    A Florida federal magistrate judge has recommended sanctions for a Nova Southeastern University law student over his failure to produce documents during discovery in his lawsuit accusing the school of not accommodating his learning disabilities, but the judge did not dismiss the suit as NSU requested.

  • July 30, 2021

    Fla. Justices Place 'Pitbull' Atty In The Doghouse

    Florida's Supreme Court has rebuked an attorney and muzzled the advertisements in which he described himself as the "Pitbull Lawyer" on the internet, his business cards and even his boat.

  • July 30, 2021

    Ex-SFO Official Says ENRC Was On Course For Charges

    A former Serious Fraud Office investigator testified Friday that Eurasian Natural Resources Corp. was heading toward criminal charges after a Dechert attorney revealed suspicions that the mining company had breached sanctions and bribed African officials.

  • July 29, 2021

    Lawmakers Unveil Overhaul Of Judiciary Workplace Rights

    A bipartisan group of U.S. lawmakers on Thursday introduced a new comprehensive proposal to provide the 30,000 federal judiciary workers with the same rights and protections against discrimination, sexual harassment and other misconduct afforded to other government workers and those in the private sector.

  • July 29, 2021

    Mars Attacks 'Shoddiness' Of Firm's 'Recycled' False Ad Suit

    Mars has once again taken aim at the attorney behind several false advertising suits lodged against the confectionary giant, accusing the New York lawyer of "employing a raft of recycled complaints" at a pace that "reflects their shoddiness."

  • July 29, 2021

    Avenatti Was 'Anxious' To Get NBA Player's $3M, Atty Testifies

    A Katten Muchin Rosenman LLP partner who represented NBA player Hassan Whiteside told the California federal jury in Michael Avenatti's embezzlement trial Thursday that Avenatti appeared "anxious" to receive the $3 million settlement he negotiated for Whiteside's ex-girlfriend, saying Avenatti sent multiple inquiries before the money was even due.

  • July 29, 2021

    Davis Wright Loses CBP Contempt Effort On Pot Docs

    A Washington federal judge declined to require U.S. Customs and Border Protection to show cause why it should not be held in contempt for allegedly ignoring his order to search for documents related to its marijuana policy, telling Davis Wright Tremaine LLP that he is "comfortable" the agency undertook a "reasonable search."

  • July 29, 2021

    Judge Says Zoom Formal Attire Optional, But Clothing A Must

    A Texas federal magistrate judge on Wednesday told attorneys representing parties in litigation over the Keystone XL Pipeline that they're not required to wear formal attire when they appear before him in an upcoming virtual hearing on Zoom, but offered a friendly reminder that some form of clothing is required.

  • July 29, 2021

    California Pot Cos. Say Ex-General Counsel Sold Them Out

    A group of Southern California cannabis companies have accused their former general counsel of selling them out to competitors to benefit his own cannabis business.

  • July 29, 2021

    NJ Town, Cops Still Can't Dodge Ex-Judge's Civil Rights Suit

    A New Jersey federal judge has rejected a town's new bid to toss a civil rights lawsuit by a former state court jurist over her arrest for allegedly harboring her fugitive ex-boyfriend, reasoning Thursday that the lawsuit was not barred by findings in criminal and ethics cases involving the same circumstances.

  • July 29, 2021

    Texas Court Denies Atty New Trial Over $6M Litigation Loan

    A Texas appellate court on Thursday agreed with a trial court that a lawyer trying to undo a $6 million default judgment in favor of his litigation funder is not entitled to a new trial.

  • July 29, 2021

    NY Fed. Judge Sanctions Atty For 'Gratuitous' Motion Practice

    A New York federal judge on Tuesday sanctioned a plaintiff and her attorney who sued the Department of Labor to release an unredacted email related to an employment dispute, with the judge citing repeated attempts to "obtain in discovery the very relief sought in plaintiff's complaint" and multiple duplicative motions trying to relitigate court orders.

  • July 29, 2021

    Boy Scouts' Ch. 11 Settlement Clouded By Claimant Atty Issue

    The Boy Scouts of America told a Delaware bankruptcy judge Thursday that 70,000 sex abuse survivors have signed on to an $850 million deal to restructure the organization, but disputes among three law firms representing a quarter of those claimants could imperil the proposal.

  • July 29, 2021

    Texas Justices Urged To Nix DQ In Rackspace Exec's Divorce

    The wife of cloud computing company Rackspace Technology Inc. founder Graham Weston is asking the Texas Supreme Court to review a trial court's disqualification of her attorney in a contentious divorce case, which has spawned a separate $2.9 million suit accusing the lawyer of betrayal.

  • July 29, 2021

    CFO Of John Pierce's Legal Org Facing Criminal Charges

    The chief financial officer of controversial attorney John Pierce's new civil rights organization, the National Constitutional Law Union, or NCLU, was indicted last year for allegedly falsifying court documents in what prosecutors say was a scheme to defraud an elderly woman.

  • July 29, 2021

    Fulton County DA's Office Wants Out Of Sex Harassment Suit

    The Fulton County District Attorney's Office has urged a Georgia federal court to allow it to duck claims by a former human resources director and office manager related to allegations that a former district attorney sexually harassed her, asserting that the woman is trying to split claims over two separate cases.

  • July 29, 2021

    EX-SFO Official Denies Dishonest Plot To Delete ENRC Emails

    A former SFO investigator testified Thursday that he had to "double delete" his emails because the agency lacked storage capacity, denying accusations that he tried to conceal communications with a Dechert attorney running an internal corruption probe into mining giant ENRC.

  • July 28, 2021

    Morgan Lewis Caught Up In New McDonald's Investors Suit

    McDonald's directors breached their fiduciary duty through faulty oversight of racial discrimination, sexual harassment and other misconduct, around which Morgan Lewis & Bockius LLP created an "information vacuum," according to a Delaware Chancery Court derivative suit made public Wednesday.

Expert Analysis

  • Opinion

    DC Court Is Wrong On Jan. 6 Grand Jury Evidence Sharing

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    The D.C. federal court erred recently when it denied the government's request to share grand jury materials from U.S. Capitol riot cases with a private contractor hired to organize the voluminous evidence, turning the practical grand jury secrecy doctrine into a straitjacket, says Steven Gordon at Holland & Knight.

  • Law Firms, Know Who's Responsible For Your Cloud Security

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    Lawyers generally know that files go into the cloud and that the files are then secured and protected, but it's necessary for firms to take a closer look at their cloud supply chain and then come up with a responsibility matrix that helps mitigate any potential risks or weaknesses, says Martin Ward at iManage.

  • Benefits For Law Firms Venturing Into New Services

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    By offering more services, law firms can deepen and strengthen their client relationships and truly become an extension of their clients' teams while generating new revenue streams, and while there are risks associated with expanding into consulting, they may be worth it, says Lou Ramos at Major Lindsey.

  • Series

    Embracing ESG: Exelon GC Talks Diversity Initiatives

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    Executing a commitment to diversity, equity and inclusion programming, through recruitment, inclusive legal pipelines and community empowerment via pro bono efforts, can ensure a strong environmental, social and governance proposition, says Gayle Littleton at Exelon.

  • Revamping Law Firm Marketing Lists — With Partner Buy-In

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    Jackson Lewis’ Paige Bowser shares lessons from the firm's recent overhaul of an outdated email marketing database, including tips for getting partners on board, ensuring compliance with privacy laws and augmenting outreach strategies.

  • The Murky World Of Legal Rankings Gets Some Clarity In NJ

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    New Jersey's new, stringent approach to legal rankings will make accolade advertising more transparent, benefiting both attorneys and clients and offering legal marketers a new set of best practices amid evolving standards, say Penny Paul at Lowenstein Sandler and Susan Peters at Greybridge.

  • Series

    Embracing ESG: Cigna Counsel Talks Employee Wellness

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    Building employee well-being into corporate environmental, social and governance priorities required our legal team to focus more closely on cross-functional collaboration within the company and increased communication with our board of directors and shareholders, says Julia Brncic at Cigna.

  • Hybrid Work Models Are Key To Gender Parity In Law Firms

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    To curb the historically high rates of attrition among female lawyers, Roberta Liebenberg at Fine Kaplan and Stephanie Scharf at Scharf Banks suggest firms must normalize hybrid work schedules, and they recommend best practices to promote engagement among all attorneys, regardless of where they work.

  • 3 Keys To Winning Your Next Oral Argument

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    To leverage the unique opportunity oral arguments provide to talk directly to judges and contribute to their decision making, attorneys must mind the three hallmarks of persuasiveness: projecting credibility, exuding likability and gaining the listener's trust, says Daniel Karon at Karon LLC.

  • Keys To Efficient And Accurate Doc Review For E-Discovery

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    Attorneys involved in e-discovery can review information accurately and cost-effectively by understanding the data in a document collection and identifying its key pitfalls, drafting comprehensive review guidelines, and preparing ahead, says John Wertelet at Eckert Seamans.

  • Series

    Embracing ESG: Raytheon GC Talks Climate Change

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    Now that the climate crisis is seen as an existential threat, the stakes couldn't be higher — or the challenges more daunting — for the general counsel, who must enlist all parts of the company for support while providing both a legal and ethical road map on how to respond, says Frank Jimenez at Raytheon.

  • Opinion

    Amend Rule 702 To Clarify Expert Witness Standards

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    Courts have taken widely different approaches to the U.S. Supreme Court’s Daubert decision on expert testimony admissibility, often misinterpreting the underlying standards set forth by Federal Rule of Evidence 702, but a proposed amendment will dispel misunderstandings and clarify the judicial gatekeeping role, says Alex Dahl at defense-side group Lawyers for Civil Justice.

  • Mass. Ruling A Cautionary Tale For Attorneys Changing Firms

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    The Massachusetts high court's recent ruling in Governo v. Bergeron, that lawyers could be held liable for unfair competition with a former firm, highlights important considerations for departing attorneys soliciting clients to come with them, say Mariana Korsunsky and Gary Ronan at Goulston & Storrs.

  • How To Avert Media Narrative And Get A Fair High-Stakes Trial

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    Corporate defendants in bet-the-company litigation may face an uphill battle to a fair trial when the media paints an entire industry, and every entity within it, as a villain — but some strategic tools can help build a more constructive defense and counteract damaging outside spin, says Jessie Zeigler at Bass Berry.

  • Opinion

    State Courts' Stark Lack Of Diversity Demands Action

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    With state judiciaries lagging their federal counterparts in demographic and professional diversity, law firms, state bar associations and other stakeholders should help build a path for more people with diverse backgrounds to become state judges, say Janna Adelstein and Alicia Bannon at the Brennan Center for Justice.

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