Legal Ethics

  • July 03, 2020

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

    The last week has seen a competition suit against Royal Mail, a Saint-Gobain unit lodge a patent claim against 3M and a Russian bank file another suit against Mozambique and one of the state-owned entities embroiled in a $2 billion bribery scandal. Here, Law360 looks at those and other new claims in the U.K.

  • July 02, 2020

    DNC, Perkins Coie Must Face Defamation Suit, Page Says

    Former Trump campaign adviser Carter Page has asked an Illinois federal judge not to dismiss his defamation allegations against the Democratic National Committee and its Perkins Coie LLP legal team, arguing that his suit over the infamous "Steele Dossier" was timely and that the court should have jurisdiction over the matter.

  • July 02, 2020

    Ex-ICE Atty Tapped As Chief DOJ Immigration Judge

    Tracy Short, who worked most recently as the U.S. Immigration and Customs Enforcement principal legal adviser and as senior adviser to the ICE acting director, has been named as the nation's chief immigration judge, the U.S. Department of Justice announced Thursday.

  • July 02, 2020

    K&L Gates, Ex-Worker Settle ADHD Discrimination Suit

    K&L Gates LLP has reached an undisclosed settlement to resolve allegations that the law firm violated federal anti-discrimination law by failing to accommodate an employee with anxiety and ADHD before firing him.

  • July 02, 2020

    Netflix Can't 'Hide' Behind Dramatization, Ex-Prosecutor Says

    The creators of a docudrama about the Central Park jogger rape case deliberately cast the then-head of the Manhattan district attorney's sex crimes unit as an "unmistakable villain," lawyers for the former official told a Florida federal judge Wednesday.

  • July 02, 2020

    Butler Snow Says Timber Scam Contract Favors Arbitration

    The key to determining the correct forum for a case that accuses Butler Snow LLP and its business development subsidiary of helping a now-imprisoned client pull off a massive Ponzi scheme is what the contract doesn't include, the law firm told a Fifth Circuit panel Thursday.

  • July 02, 2020

    Littler Mendelson Attys Say Discovery Snafu Suit Barred

    Four Littler Mendelson PC attorneys facing negligence claims over an alleged discovery misstep that purportedly allowed opposing counsel to expand a labor dispute have asked a judge in Houston to dismiss the lawsuit under a state free speech law, saying the suit stems from their response to a court order.

  • July 02, 2020

    Virtual Arbitration Hearings Prompt Witness Coaching Fears

    The COVID-19 pandemic has forced the arbitration world to move hearings entirely online, prompting concerns that, unbeknownst to opposing counsel and arbitrators, witnesses could be getting subtle — or not-so-subtle — coaching from their attorneys.

  • July 02, 2020

    Ex-Pimco CEO Won't Get New 'Varsity Blues' Sentencing

    A federal judge won't reconsider the former CEO of Pacific Investment Management Co.'s nine-month prison term in the "Varsity Blues" college admissions case, ruling Thursday that he failed to show the government withheld evidence suggesting he's innocent.

  • July 01, 2020

    Cook Chastises Firm For 'No-Injury' Vein Filter Bellwether

    Cook Medical Inc. told an Indiana federal judge on Tuesday that a national injury law firm has filed a host of "no-injury" cases, including the bellwether in the multidistrict litigation over allegedly defective vein filters.

  • July 01, 2020

    Firm Defends Retaining Credit For Former Atty's Work

    An attorney for a Philadelphia-based personal injury firm told a federal judge during a hearing on Wednesday that he could be opening a floodgate of litigation if a former associate were allowed to move forward with claims that the firm was improperly taking credit for his work on its website.

  • July 01, 2020

    Calif. Atty Reported To Bar For Real Estate Fraud

    A California state appellate court reported an attorney to the state's bar association after determining he engaged in real estate fraud to avoid paying a judgment of over $900,000 for charging a former client excessive fees.

  • July 01, 2020

    Engine Co. Gets Malpractice Suit Against NJ Firm Revived

    A New Jersey appellate court on Wednesday revived a malpractice case against Haddonfield, New Jersey-based law firm Archer, concluding that an alleged conflict of interest was not properly addressed by the lower court judge who tossed the case.

  • July 01, 2020

    Shearman & Sterling Wants IT Manager's Age Bias Suit Booted

    Shearman & Sterling LLP urged a judge Wednesday to throw out an age bias case brought by a former IT manager who said the firm fired him amid COVID-19 belt-tightening, arguing the worker had no business suing in Manhattan federal court.

  • July 01, 2020

    5th Circ. Told To Reject Client's Bid For Piece Of Fee Award

    A doctor who blew the whistle on Medicaid fraud is brazenly overreaching by arguing that he is entitled to a share of the attorney fees his lawyer was awarded by a bankruptcy court after a $4 million settlement, the attorney argued to the Fifth Circuit Wednesday.

  • July 01, 2020

    In Reversal, Litigious Porn Co. Can Unmask Downloaders

    A New Jersey federal judge ruled Tuesday that Strike 3 Holdings — a porn studio that has filed thousands of copyright lawsuits — must be allowed to unmask illegal downloaders, overturning a judge who sharply criticized the company's mass litigation.

  • July 01, 2020

    Feds Drop Bail Fight For Attys Accused In Molotov Attack

    The U.S. Attorney's Office for the Eastern District of New York has relented for now in its crusade to have two attorneys jailed without bail while they face charges of carrying out a Molotov cocktail attack on a New York City Police Department vehicle during recent protests over police brutality.

  • July 01, 2020

    IP Law Firm Calls Dibs On 'Thrive' Name In TM Fight

    Intellectual property law firm Thrive IP is accusing another law firm of launching an "aggressive" campaign to wipe out its presence on the internet, saying in a lawsuit that the firm's marketing approach not only hurts Thrive IP's reputation but is also "demeaning to the legal profession."

  • July 01, 2020

    Houston Firms Sued By Dropped Client In Wrongful Death Suit

    The widow of a 39-year-old man who died after suffering a heart attack at an LA Fitness club has sued two Houston-based law firms alleging they ditched her after two years of working on a wrongful death suit against the gym to represent her late husband's minor children instead.

  • July 01, 2020

    Chicken Plant Hit With Sanctions By 'Flabbergasted' Judge

    A Delaware state judge has imposed $28,320 in sanctions against chicken processing plant Mountaire Corp. for overredacting documents produced in discovery in a suit over alleged water pollution, saying he was already "flabbergasted" by the company's conduct but more recent revelations in the case show it's gone too far.

  • July 01, 2020

    Kelley Drye Attys Fined Over Misconduct In Telecom Row

    A Florida federal judge overseeing a contentious telecom contract fight hit a Kelley Drye & Warren LLP office managing partner and two others connected to the firm with a $30,000 fine and harsh sanction order, saying their attempt to dodge blame for their own wrongdoing "smacks of desperation."

  • July 01, 2020

    Ex-Jones Day Attys Call Firm's 'Malicious Attacks' Unlawful

    The married former Jones Day associates suing the firm over its family leave policy want to beef up their lawsuit with retaliation claims based on "highly personal and malicious attacks" the legal powerhouse leveled against them in a public statement last year.

  • July 01, 2020

    Immigration Judges Sue To Rip Off Free Speech 'Muzzle'

    The National Association of Immigration Judges filed suit on Wednesday asking a Virginia federal court to strike down a Trump administration policy that the organization head claimed was the "final nail" in judges' ability to publicly discuss, as private citizens, their views on immigration.

  • June 30, 2020

    Kasowitz Faces 3rd Suit Alleging Partner Was Wrongly Fired

    A former "rainmaker" for Kasowitz Benson Torres LLP followed two ex-partners in suing the firm over an allegedly wrongful firing, claiming Kasowitz brought him on with promises of lucrative business opportunities only to ditch him when he began suffering from mental illness.

  • June 30, 2020

    2nd Circ. Frees Attorneys Accused Of Molotov Attack

    The Second Circuit on Tuesday freed a pair of attorneys accused of torching a New York Police Department car during recent protests sparked by the death of George Floyd at the hands of the Minneapolis police, finding no clear error in the lower courts.

Expert Analysis

  • Opinion

    Time To Consider Percentage Rental Agreements For Lawyers

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    It has long been the law that attorneys cannot use percentage rental agreements because doing so would constitute an impermissible sharing of fees with nonlawyers, but such arrangements can help lawyers match expenses with revenues in lean times like now, say Peter Jarvis and Trisha Thompson at Holland & Knight.

  • High Court Clarifies CFPB's Future, Complicates CFPB's Past

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    While the U.S. Supreme Court's decision in Seila Law this week leaves the Consumer Financial Protection Bureau standing, the CFPB's director now lacks protection from presidential termination, which brings uncertainty regarding the status of past actions taken by bureau directors who were "unconstitutionally insulated" from termination, says Eric Mogilnicki at Covington.

  • Corporate Investigation Lessons From EBay Stalking Scandal

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    The recent eBay criminal cyberstalking scandal reminds companies and law firms that investigative activities, even if undertaken solely using online research tools, could easily risk criminal or civil legal liability and violations of attorney ethics rules, says Joseph DeMarco at DeVore & DeMarco.

  • 'Settle And Sue' Malpractice Cases Have New Clarity In Calif.

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    A California state appellate court's recent decision in Masellis v. Law Office of Leslie F. Jensen provides a road map for proving causation and damages in settle-and-sue legal malpractice cases — an important issue of long-standing confusion, says Steven Berenson at Klinedinst.

  • What You Say In Online Mediation May Be Discoverable

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    Mediation conducted online with participants in different states makes it harder to determine where communications were made, increasing the risk that courts will apply laws of a state that does not protect mediation confidentiality, say mediators Jeff Kichaven and Teresa Frisbie and law student Tyler Codina.

  • Opinion

    Texas Should Cancel Its 2020 Bar Exam

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    An in-person bar exam in July would pose unacceptable health risks and put applicants at an unfair disadvantage, so the Texas Supreme Court should instead initiate a COVID-19 diploma privilege for this year, say professors Renee Knake and Dave Fagundes at the University of Houston.

  • 10 Tips For A Successful Remote Arbitration Hearing

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    As I learned after completing a recent international arbitration remotely, with advance planning a video hearing can replicate the in-person experience surprisingly well, and may actually be superior in certain respects, says Kate Shih at Quinn Emanuel.

  • Opinion

    To Achieve Diversity, Law Firms Must Reinvent Hiring Process

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    If law firms are truly serious about making meaningful change in terms of diversity, they must adopt a demographically neutral, unbiased hiring equation that looks at personality traits with greater import than grades and class rank, says Thomas Latino at Florida State University College of Law.

  • Cybersecurity Steps For Law Firms Amid Heightened Risks

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    With large swaths of the population indoors and primarily online, cybercriminals will be able to exploit law firms more easily now than ever before, but some basic precautions can help, says Joel Wallenstrom at Wickr.

  • Opinion

    It's Time For Law Firms To Support Work-From-Home Culture

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    Now that law firms are on board with fully remote work environments, they must develop policies that match in-office culture and align partner and associate expectations, says Summer Eberhard at Major Lindsey.

  • Opinion

    Republicans Keep Confirming Unqualified Judicial Nominees

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    What emerges from the group of 200 federal judges confirmed by the Senate under President Donald Trump is a judiciary stacked with young conservative ideologues, many of whom lack basic judicial qualifications, says Sen. Dianne Feinstein, D-Calif., ranking member of the Senate Judiciary Committee.

  • Tips For Crafting The Perfect Law Firm Alert

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    As lawyers have had more time to write in recent weeks, the number of law firm alerts has increased massively, but a lot of them fail to capture readers and deliver new business, says Richard Torrenzano at The Torrenzano Group.

  • 5 Takeaways From Capital One Breach Report Dispute

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    The recent debate over a federal magistrate judge's ordering Capital One to produce a forensic data breach report reveals steps companies can take to make abundantly clear that a report was created in anticipation of litigation in order to protect privilege, say attorneys at Squire Patton.

  • Series

    Judging A Book: Elrod Reviews 'Shortlisted'

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    Renee Knake Jefferson and Hannah Brenner Johnson's new book, "Shortlisted: Women in the Shadows of the Supreme Court," is a service to an overlooked group of nine women who were considered for the U.S. Supreme Court before Justice Sandra Day O'Connor was confirmed, and offers constructive tips for women looking to break through the glass ceiling, says Fifth Circuit Judge Jennifer Elrod.

  • Mandatory State Bars Likely To Remain Intact, For Now

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    A Texas federal judge’s recent holding in McDonald v. Sorrels that mandatory bar memberships do not violate members' constitutional rights indicates that such requirements survive the U.S. Supreme Court's 2018 decision in Janus, but it may mean that the Supreme Court will address the issue in the not-too-distant future, say Majed Nachawati and Misty Farris at Fears Nachawati.

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