Legal Ethics

  • November 28, 2023

    Debtor Can't Also Be Creditor In Ch. 13, 7th Circ Rules

    The Seventh Circuit ruled that an Illinois-based business owner cannot seek a more than $300,000 state court judgment against his former business partners in their Chapter 13 bankruptcy petition, holding that the owner and his alter ego company cannot become both the creditor and debtor.

  • November 28, 2023

    Feds Fight Girardi Keese Trustee's Professional Fee Requests

    The federal government has objected to the Girardi Keese bankruptcy trustee's bid to pay more than $3 million in fees to herself and several other professionals, telling a Los Angeles bankruptcy judge the trustee has failed for nearly three years to analyze hundreds of millions of dollars worth of unsecured claims against the defunct law firm.

  • November 28, 2023

    Pa. Court Ponders Its Power To Review DA Impeachment

    The Pennsylvania Supreme Court examined its own power to weigh in on impeachment proceedings Tuesday in a sprawling argument session over Republican lawmakers' efforts to reinstate their bid to remove Philadelphia District Attorney Larry Krasner from office.

  • November 28, 2023

    Ex-NJ Judge Can Get Cop Records In Discrimination Suit

    A former New Jersey Superior Court judge will soon get internal affairs records for the Woodbridge Police Department officers she has accused of racial bias, false arrest and malicious prosecution, as a federal magistrate judge has ruled that case law supports her bid for the files.

  • November 28, 2023

    ​​​​​​​MSG Can't Duck NY Liquor License Probe Over Atty Ban

    The New York State Liquor Authority has the right to review Madison Square Garden's liquor licenses over its policy of banning lawyers suing the company and its owner from entering its venues in New York City, a state appeals panel ruled this week.

  • November 28, 2023

    Davis Malm Misled Investors In Defunct Startup, Suit Says

    A group of investors in a now-defunct Massachusetts startup who say the company's founder pocketed some of their funds and used the rest to satisfy judgments in prior court cases are accusing Davis Malm & D'Agostine PC and one of its partners of misleading them as to how their money was being used.

  • November 28, 2023

    4th Circ. Denies Ex-Defender's Bid To Hurry Harassment Trial

    The Fourth Circuit said Tuesday it won't interfere with the trial schedule in a former public defender's sexual harassment case against the federal judiciary, rejecting the attorney's arguments that the district court has moved too slowly on her preliminary injunction request.

  • November 28, 2023

    Feds Want No Prison Time For Ex-NY Atty Who Aided Oligarch

    The government asked a New York federal judge this week to allow a former real estate attorney, who admitted to participating in a money laundering scheme to help a Russian oligarch evade U.S. sanctions, to receive no prison time, despite the guidelines calling for 37 to 46 months.

  • November 28, 2023

    Murdaugh Gets 27 Years For Financial Crimes

    Disgraced lawyer and convicted murderer Alex Murdaugh was sentenced Tuesday to 27 years in prison by a South Carolina state judge for stealing $12.4 million from his law partners and clients and evading taxes, a white collar punishment that prosecutors said was "more than Enron, more than WorldCom."

  • November 28, 2023

    Bannon Ally Says He Won't Flee If Released In $1B Fraud Case

    Accused fraudster Ho Wan Kwok, who faces charges over an alleged $1 billion fraud, said his status as a political refugee means he is not a flight risk and that he needs to be let out of a Brooklyn federal prison for the sake of his health.

  • November 28, 2023

    Citrix Barred From Discussing OT Deal Terms With Employees

    A North Carolina federal judge barred Citrix from communicating with employees about a $5.9 million overtime settlement after the workers' counsel asked for a protective order, agreeing that Citrix's human resources "plainly violated" the terms of the deal when they held meetings to discuss its terms.

  • November 28, 2023

    Law Firm Leaders Cautiously Optimistic Heading Into 2024

    Major U.S. law firms are steadfast in their commitment to the pursuit of further growth despite ongoing economic uncertainty. Here’s what the leaders of four Leaderboard firms have to say about how the legal industry is preparing for next year.

  • November 28, 2023

    The 2023 Law360 Pulse Leaderboard

    Check out the Law360 Pulse Leaderboard to see which first-in-class firms made the list this year.

  • November 28, 2023

    Retired Calif. Judge Can't Take Out-Of-State Job, Panel Says

    A retired California judge who is participating in the state's temporary assigned judges program should not accept a job as the government affairs director for another state's attorney general, an ethics panel has decided, because the role would constitute impermissible "practice of law."

  • November 28, 2023

    Law Firm To Get Settlement Info Underlying Malpractice Suit

    A New Jersey judge has ordered a family suing their former attorney for malpractice in an intra-family estate dispute to turn over the financial terms of a recent settlement in the estate case, which the attorney said undermined the family's malpractice claims.

  • November 27, 2023

    Trump Can't Subpoena Jan. 6 Docs In Election Criminal Case

    The D.C. federal judge overseeing Donald Trump's criminal election-interference case denied the former president's bid to subpoena records from the investigation into the Jan. 6 attack on the U.S. Capitol Building, saying Monday that Trump's "vague" motion resembled a "fishing expedition."

  • November 27, 2023

    NC Justice Wants Probe Of Comments Halted Pending Appeal

    A North Carolina Supreme Court justice, who said her high court colleagues' conduct on the bench is sometimes influenced by gender and race biases in a news interview, filed an emergency motion on Monday to stop a formal investigation into her statements, which she said threatens her seat on the court and violates her First Amendment rights.

  • November 27, 2023

    Perkins Coie Inks Prelim. Deal In Cryptocurrency Class Action

    Perkins Coie LLP and a proposed class that sued the BigLaw firm for allegedly misappropriating $10 million in cryptocurrency reached a preliminary settlement to end the case for $4.5 million, according to a filing made in Washington state federal court on Monday. 

  • November 27, 2023

    Atty's Wife's Depo Required In Sex Tape Row, Judge Rules

    The wife of a Houston attorney accused of sharing a sexually explicit video of himself and another woman without the woman's consent has to sit for a deposition next month ahead of a January trial date, a state court judge said Monday.

  • November 27, 2023

    Judge In Del. Asks DOJ To Look Into IP Edge Patent Litigation

    The top federal judge in Delaware concluded Monday that the Texas attorneys behind prolific patent litigation funding outfit IP Edge might have broken the law — and their ethical obligations as lawyers — by litigating ferociously for settlements from tech companies while operating behind a shadowy network of "relatively unsophisticated individuals."

  • November 27, 2023

    Firm Bows Out Of Pursuing UFC Fighters For Wage Claims

    Sparacino PLLC has agreed to stop contacting UFC contenders who are potential members of a proposed class in a Nevada federal lawsuit that accuses the organization of repressing wages and is already represented by a group of lawyers from several firms.

  • November 27, 2023

    Sentencing Guidelines Boosted For Atty In Pot Bribe Case

    An attorney convicted in a marijuana licensing bribery scheme faces a potentially stiff sentence after a Boston federal judge on Monday rejected the defendant's math, showing he only gained $15,000 from the crime, but stopped short of adopting prosecutors' calculations pegging the gain at $100,000 or more. 

  • November 27, 2023

    Latest Move To Suspend Girardi Son-In-Law 'Concerns' Judge

    A California state bar judge who previously delayed disciplinary proceedings against Tom Girardi's son-in-law David Lira said Monday that she has "concerns" over the bar's latest attempt to suspend him, saying that the ongoing federal criminal case against Lira may raise Fifth Amendment due process issues.

  • November 27, 2023

    Calif. Atty Accused Of Bilking Jailed Client Of $632K Fees

    The State Bar of California announced Monday that it has leveled a 22-count notice of disciplinary charges against a Northern California attorney who allegedly pocketed more than $630,000 by taking advantage of an incarcerated client.

  • November 27, 2023

    Colo. Atty Suspended For Using 'Sham' ChatGPT Case Law

    A Colorado attorney has been temporarily suspended after he used "sham" case law citations produced by the artificial intelligence platform ChatGPT in a motion and lied to a judge that an intern produced the errors, according to a state disciplinary ruling.

Expert Analysis

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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