Legal Ethics

  • September 22, 2020

    Court's 'Unrealistic' Pandemic Calendar Blamed For Atty's Exit

    An Idaho federal judge with "unrealistic" scheduling demands amid the COVID-19 pandemic forced a plaintiffs lawyer to jump ship in the middle of a pilot's wrongful termination case, the pilot told the court Monday in an unusual bid to disqualify the judge.

  • September 22, 2020

    Donziger Wants NY's High Court To Review Disbarment

    Chevron foe Steven Donziger is asking New York's highest court to review a decision to disbar him in the state, saying he was given no chance to defend himself against a federal court's finding that he committed fraud in a $9.5 billion environmental case in Ecuador.

  • September 22, 2020

    Judge Slams Firm's 'Deceptive' Facebook Privacy Deal Ads

    Levi & Korsinsky LLP wrongly ran online advertisements designed to "mislead and deceive" consumers into opting out of a recently secured $650 million biometric privacy settlement with Facebook to pursue their own claims, a California federal judge said during a hearing Tuesday, slamming the law firm's "artful" deception.

  • September 22, 2020

    FTC Says Sanctuary Belize Attys Won't Give Funding Info

    The Federal Trade Commission has asked a Maryland federal court to force counsel for an operator of a purported Belize real estate scam to have a "sincere" phone conversation about documents showing who funds his defense, saying the law firm is obstructing its attempt to open a dialogue.

  • September 22, 2020

    Atty Wants Out Of Defamation Suit Involving Prince's Sibling

    A Missouri attorney told a federal judge Monday that he's hardly set in foot in Minnesota — and never while practicing law — and must be allowed to exit a defamation suit involving a sibling of the late pop icon Prince filed there by another lawyer.

  • September 22, 2020

    Atlanta Litigator Sanctioned For Baseless Racketeering Suit

    A Georgia federal judge has sanctioned an Atlanta litigator for his "reckless" pursuit of baseless racketeering claims against another lawyer who brought hundreds of Americans with Disabilities Act lawsuits against Georgia businesses.

  • September 22, 2020

    Ex-GC Says NJ Casino Sent False Info To Gambling Enforcer

    An Atlantic City casino's former general counsel on Tuesday hit the hotel with state whistleblower and discrimination claims alleging she was fired for objecting to the business's decision to send false information to the state's Division of Gaming Enforcement and ultimately replaced by a less-experienced male attorney.

  • September 22, 2020

    Texas Injury Firms' Referral Site Fight Kicked To State Court

    A Texas federal judge has sent a trademark infringement and civil conspiracy case filed by a Dallas-area personal injury law firm against the operator of an attorney referral website and a rival firm back to state court after finding it lacked jurisdiction over the case.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Judge Must Explain Facebook Friendship In Patient Death Suit

    A Kentucky appeals court has stopped short of affirming a jury verdict clearing a doctor and hospital in a suit accusing them of causing a patient's death, saying further proceedings are necessary to determine whether the judge's Facebook friendship with the doctor warranted a recusal.

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    Greenblatt Pierce Denied Piece Of DuPont's $5M FLSA Deal

    Greenblatt Pierce Funt & Flores cannot intervene in the approval of a $5 million settlement between a class of workers it once represented and DuPont Co. to seek a cut of the award because its claims are just a fight with another firm, a Pennsylvania federal judge ruled Monday.

  • September 21, 2020

    SC Atty Who Blew Deadline Cleared In Malpractice Trial

    A South Carolina federal jury has cleared Maybank Law Firm and lawyer Roy Maybank of malpractice insurer Sentry Select's suit accusing them of blowing a litigation deadline and forcing Sentry into cutting a six-figure settlement check in a truck crash case.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Clerk Looks To Save Sexual Harassment Suit Against NJ

    A judicial clerk on Monday urged a New Jersey federal court against tossing a sexual harassment suit against the state of New Jersey and several officials, arguing she has provided sufficient evidence for the case to proceed.

  • September 21, 2020

    Arkema Jury Prepped For 'Reopening' After 6-Month Break

    A Texas state court jury will hear "reopening" statements Tuesday after a six-month break in proceedings because of the coronavirus pandemic, as they weigh criminal charges against Arkema Inc. and two of its executives for allegedly recklessly emitting toxic chemicals during Hurricane Harvey.

  • September 21, 2020

    Law Firm Denies Misleading Facebook Privacy Deal Class

    Levi & Korsinsky LLP responded to challenges that its ads encouraging class members to opt out of a recently secured $650 million biometric privacy settlement against Facebook and pursue their own claims are misleading, saying it "vigorously disputes" the allegations from class counsel.

  • September 21, 2020

    Startup Can't Revive Malpractice Claims Over Corporate Theft

    Investors in an on-demand video startup failed to establish that a Southern law firm engaged in legal malpractice by failing to recognize that the company's managing member took over $800,000, the Eleventh Circuit has determined.

  • September 21, 2020

    Feds Tell 1st Circ. Poor Defense Shouldn't Undo FCPA Verdict

    A defense attorney's allegedly shoddy performance in his first trial did not warrant throwing out the convictions of a retired Army colonel and lawyer based on "overwhelming" evidence they tried to bribe government officials in Haiti in exchange for approvals on an $84 million port project, U.S. prosecutors told the First Circuit Monday.

  • September 21, 2020

    'Panama Papers' Tax Dodger Sentenced To 4 Years In Prison

    A Manhattan federal judge sentenced an elderly Massachusetts businessman to four years in prison Monday for his long-standing efforts to evade U.S. taxes, which were exposed by the "Panama Papers" document leak from the Mossack Fonseca law firm.

  • September 21, 2020

    Conn. Court Officer Gets OK To Press Bias Suit

    A federal judge allowed a Black officer for Connecticut's courts to continue with her suit alleging two co-workers harassed her for years, finding that her hostile work environment claim was pressed before the state's time bar ran out. 

  • September 20, 2020

    Birthdays, Weddings And In Between: RBG And Her Clerks

    Justice Ruth Bader Ginsburg’s law clerks say that she brought the same level of care and dedication to her relationships with them as she did to the rest of her life. Here are some stories they shared, demonstrating how those qualities seeped into her relationships and interactions.

  • September 20, 2020

    Our 'North Star': What RBG Means To Women In Law

    Female attorneys around the country say they're devastated by the death of Justice Ruth Bader Ginsburg, a woman they looked to as a role model for candidly speaking out about the struggles she faced as a female lawyer integrating her work and family life, which made her a relatable icon.

  • September 20, 2020

    Will The Senate Replace Ginsburg Before Election Day?

    Senators return Monday to a chamber consumed with President Donald Trump's vow to quickly select a replacement for the late U.S. Supreme Court Justice Ruth Bader Ginsburg and cement a conservative majority for years to come.

Expert Analysis

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • Basic Mandamus Questions Support DC Circ.'s Flynn Ruling

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    The D.C. Circuit's decision allowing a trial judge to continue his inquiry into the U.S. Department of Justice's request to abandon its case against Michael Flynn is not difficult to digest when one focuses on the two basic mandamus elements, says Douglas Lang at Dorsey & Whitney.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Parsing The DOJ's Flawed Spoofing Theory

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    In U.S. v. Vorley, the U.S. Department of Justice has signaled it may present high-frequency traders as victims of a spoofing scheme, but analysis of testimony from two similar cases reveals flaws in this approach, says Joshua Ray at Rahman Ravelli.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

  • Opinion

    Ariz. Law Firm Ownership Rule Change Is A Win For Clients

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    Arizona just became the first state to abolish an obscure ethics rule that prohibits nonlawyers from investing in law firms — a change that will lower legal service costs, encourage more innovation in the legal industry and improve access to justice, says William Marra at Validity Finance.

  • How To Write A Better Comment Letter On Agency Proposals

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    As the federal government prepares to unveil a revamped online portal for submitting comments on proposed rulemakings, several considerations can help the public provide better feedback to help agencies implement legislation and regulate our activities, say Matt Kulkin and Josh Oppenheimer at Steptoe & Johnson.

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