Legal Ethics

  • January 27, 2022

    Widow Wants Lowenstein Sandler DQ'd From Estate Fight

    A pharmaceutical executive's widow has called on a New Jersey state appeals court to ban Lowenstein Sandler LLP from representing one of its attorneys as co-executor of her late husband's estate in a probate matter, as she and the lawyer are battling over the handling of assets once valued at more than $170 million.

  • January 27, 2022

    Ill. Court Weighs Rehearing $2.8M Dispute Involving DLA Piper

    In a rare step Wednesday, the Illinois Appellate Court heard oral argument as it considers rehearing an appeal challenging DLA Piper and others' summary judgment win in a $2.8 million estate dispute over five trusts' alleged mismanagement.  

  • January 27, 2022

    10th Circ. Deals Trial Lawyer Partial Loss In TM Fight

    Siding against famed litigator Gerry Spence in his bitter trademark fight with the legal training school he founded, a Tenth Circuit panel has said a lower court rightly found he couldn't use statements that could create confusion about his relationship with his former institution.

  • January 27, 2022

    NJ Judge Must Undergo Psych Exam In Workplace Bias Suit

    A New Jersey magistrate judge ruled Thursday that a state court judge must undergo a psychiatric evaluation in order to level the playing field for judiciary officials fighting her claims that workplace bias left her emotionally distressed.

  • January 27, 2022

    Workers Will Tell House Of Washington NFL Team Misconduct

    Former Washington Football Team employees are going to Capitol Hill to share "firsthand accounts" of the workplace misconduct in the team's front office after few details from an investigation by the law firm Wilkinson Stekloff LLP were released publicly by the NFL last year.

  • January 27, 2022

    The Term: Breyer's Legacy And The Nomination To Come

    Justice Stephen Breyer on Thursday formally announced he would be retiring at the end of the Supreme Court term. Here, The Term breaks down the legacy he will leave behind and takes a look at what lies ahead for his potential successor with two special guests.

  • January 27, 2022

    Edelson, Ex-Girardi Attys Can Post Separate Financial Charts

    An Illinois federal judge probing contempt liability over Thomas V. Girardi's misappropriation of $2 million said Thursday that he'll accept separate charts reflecting certain Girardi & Keese accounts' cash flow, after learning a dispute arose over how to present the information to the court.

  • January 27, 2022

    Breyer Retiring As Supreme Court Lurches Right

    Justice Stephen Breyer is retiring from the U.S. Supreme Court at a time when his conservative colleagues on the bench seem intent on dismantling landmark precedents on abortion, affirmative action and the administrative state, to name a few. Can his successor preserve his liberal legacy?

  • January 27, 2022

    Judge Says Bid To Nix EEOC Suit 'Wasted Everyone's Time'

    A California federal judge forcefully rejected a now-defunct cellphone company's push Thursday to get a U.S. Equal Employment Opportunity Commission sexual harassment lawsuit thrown out, labeling the motion a "baseless" waste of time.

  • January 27, 2022

    Apple, Gibson Dunn Beat COVID App Maker's Sanction Bid

    An app developer waited too long to request sanctions against Apple Inc. and its counsel Gibson Dunn & Crutcher LLP for their alleged conduct in a now-dismissed lawsuit accusing Apple of blocking competing coronavirus-tracking apps from its App Store, a California federal judge ruled Wednesday.

  • January 27, 2022

    Why Breyer Is To Thank (Or Blame) For Sentencing Guidelines

    Justice Stephen Breyer will retire as a great deal maker at the U.S. Supreme Court, but in the shadow of his jurisprudence lies a more complicated part of his legacy: the often-maligned federal sentencing guidelines that fundamentally reshaped the practice of criminal law.

  • January 27, 2022

    Injured Live Nation Worker, Atty Take $5M Fee Spat To Court

    An event worker who won a historic award from Live Nation over an accident that left him with severe brain injuries is embroiled in an acrimonious dispute over attorney fees with his lawyer, who is suing him in New York over a $5.5 million fee.

  • January 27, 2022

    Stormy Daniels Tells Jury Avenatti Lied And Stole From Her

    Former Michael Avenatti client Stormy Daniels took the witness stand Thursday in the criminal case accusing the celebrity lawyer of defrauding the adult film actress out of hundreds of thousands of dollars from a book deal, saying Avenatti "stole from me and lied to me."

  • January 27, 2022

    5th Circ. Affirms $2.1M Atty Fee Fight Doesn't Belong In Texas

    A Fifth Circuit panel on Thursday affirmed a Texas federal judge's decision to dismiss a Houston personal injury law firm's $2.1 million referral fee lawsuit against an Ohio law firm, agreeing that answering one unsolicited email didn't subject the Buckeye State firm to Lone Star State law.

  • January 27, 2022

    4th Circ. Asks If Union Free Speech Issue Belongs In Court

    A Fourth Circuit panel grilled counsel for a union of immigration judges seeking to block a U.S. Department of Justice policy barring the jurists from speaking publicly on immigration, questioning why the dispute couldn't follow an administrative procedure for federal labor issues.

  • January 27, 2022

    'Lottery Lawyer' Says Feds Have 'Pattern' Of Misconduct

    The "Lottery Lawyer" charged with bilking his clients' winnings has accused prosecutors in New York's Southern and Eastern districts of a "pattern" of misconduct, urging a judge to force them to finally turn over potentially exculpatory material. 

  • January 27, 2022

    Ga. Atty Says Eleventh-Hour Call Backs Client-Stealing Claims

    A Georgia medical malpractice attorney urged a state judge on Thursday to keep alive his client-stealing case over the end of a multimillion-dollar co-counsel partnership, citing an overnight conversation with a former client who claimed to have been turned against him.

  • January 27, 2022

    Ga. Judge Wants Ethics Probe Into Pre-Judicial Conduct Axed

    A suspended Georgia judge and former state lawmaker has urged the Georgia Supreme Court to find that a commission looking to discipline him over alleged misuse of client funds and violations of campaign finance rules lacked jurisdiction to examine conduct preceding his judicial appointment.

  • January 27, 2022

    Mass. Pays $425K To Settle Court Clinician's Harassment Suit

    Massachusetts is paying $425,000 to a court clinician to resolve claims that a state court judge coerced her into a sexual relationship and then got her fired when she sought to end the affair, the social worker's attorney said Thursday.

  • January 27, 2022

    NJ Judge Wins Disclosure Of Internal Memos In Pension Suit

    A New Jersey state judge on Thursday cleared a fellow state jurist to publicly disclose two internal memos in pursuing a lawsuit alleging state judiciary officials engineered the state Supreme Court's denial of her disability pension application, rejecting their stance that such materials must remain under wraps.

  • January 27, 2022

    Judge Jackson Back In Spotlight As High Court Contender

    The upcoming vacancy on the U.S. Supreme Court quickly threw the spotlight back on D.C. Circuit Judge Ketanji Brown Jackson, a former clerk for Justice Stephen Breyer whose stature as a likely successor to the retiring justice was suddenly raised Wednesday.

  • January 27, 2022

    NJ Atty Banned From LinkedIn Can Still Sue Networking Site

    A New Jersey appellate panel on Wednesday gave a Garden State attorney another chance to pursue his claims against LinkedIn after a trial court dismissed his suit, but he will have to pursue the claims in California.

  • January 27, 2022

    Biden At His Side, Justice Breyer Announces Retirement

    Supreme Court Justice Stephen Breyer joined President Joe Biden at the White House Thursday to formally announce his retirement, kicking off a rush among Democrats to confirm a new member of the court to replace the oldest serving justice.

  • January 26, 2022

    Democrats Plan Swift Confirmation Of Breyer Successor

    The U.S. Senate's Democratic leaders pledged Wednesday to move swiftly to confirm a successor for U.S. Supreme Court Justice Stephen Breyer, who is expected to formally announce his retirement Thursday.

  • January 26, 2022

    Fla. Judge Vacates Arbitration Award Over Deposition Texting

    A Florida federal judge has vacated an arbitration award and threatened to grant NuVasive Inc. a default win in its suit against medical device distributor Absolute Medical after learning that the company's president texted another defendant repeatedly during a remote deposition in the arbitration proceeding.

Expert Analysis

  • How AI Can Transform Crisis Management In Litigation

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    Attorneys should understand how to use rapidly advancing artificial intelligence technology to help clients prepare for potential catastrophic events and the inevitable litigation arising from them, from predicting crises before they occur to testing legal theories once they arise, say Stratton Horres at Wilson Elser and David Steiger.

  • Supervisor Relationships Are Key To Beating Atty Burnout

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    In order to combat record attorney turnover and high levels of burnout, law firm partners and leaders must build engaging relationships with supervisees, fostering autonomy and control, enabling expression of values, and building a sense of community and belonging, says Anne Brafford at the Institute for Well-Being in Law.

  • The Rising Demand For Commercial Litigators In 2022

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    Amid broken supply chains, pandemic-induced bankruptcies and a rise in regulation by litigation, strong commercial litigators — strategists who are adept in trying a range of tortious and contractual disputes — are becoming a must-have for many law firms, making this year an opportune moment to make the career switch, say Michael Ascher and Kimberly Donlon at Major Lindsey.

  • How In-House Counsel Can Make The Case For Settling Early

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    Following the recent settlement in McDonald's v. Easterbrook, in-house counsel should consider decision-tree analyses and values-driven communications plans to secure effective, early resolutions in litigation, saving time and money and moving the company mission forward, say Ronald Levine at Herrick Feinstein and Richard Torrenzano at The Torrenzano Group.

  • To Retain Talent, GCs Should Prioritize Mission Statements

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    With greater legal demands and an increasing number of workers resigning during the pandemic, general counsel should take steps to articulate their teams' values in departmental mission statements, which will help them better prioritize corporate values and attract and retain talent, says Catherine Kemnitz at Axiom.

  • What Attys Can Learn From Harvard Professor's Conviction

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    The recent conviction of Harvard professor Charles Lieber, on charges of lying about ties to China, highlights the perils that even highly educated white collar targets face in an FBI interview without counsel present, and it provides urgent lessons for attorneys on guiding their clients through stressful circumstances, say Jack Sharman and Tatum Jackson at Lightfoot Franklin.

  • Recent Bias Suits Against Law Firms And Lessons For 2022

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    2021 employment discrimination case filings and developments show that law firms big and small are not immune from claims, and should serve as a reminder that the start of a new year is a good time to review and update salary, promotion and leave policies to mitigate litigation risks, says Hope Comisky at Griesing Law.

  • Associate Hiring Outlook At Law Firms Is Bright For 2022

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    After a year of extraordinary signing bonuses, nearly instantaneous offers and flexible work arrangements, strong demand for talented law firm associates will continue into 2022 — with some differences between East and West Coast markets — and junior attorneys should take steps to capitalize on the opportunity, say Ru Bhatt and Summer Eberhard at Major Lindsey.

  • Roundup

    The Most-Read Legal Industry Guest Articles Of 2021

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    Popular legal industry guest articles this year included commentary on the admissibility of video depositions, an unusual U.S. Supreme Court citation, the perils of lawyer perfectionism, and more.

  • A Law Firm Leader's Guide To Seeking Effective Feedback

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    Law firm leaders often claim to have their fingers on the pulse of the people in their firms, but perspectives can be heavily weighted toward certain partners, so leaders should take certain steps to ensure they receive well-rounded feedback that helps them make more informed decisions, says Jennifer Johnson at Calibrate Legal.

  • Series

    Embracing ESG: Whirlpool CLO Talks Structural Improvement

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    As the global understanding of what it means to measurably make a positive societal and environmental impact evolves, creating a solid governance structure, backed up by bold action and increased transparency, will set up companies and their legal teams to remain resilient through economic and societal changes and manage risk, says Ava Harter at Whirlpool.

  • Opinion

    Fla. High Court Is Wrong To Ban CLE Diversity Requirements

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    The Florida Supreme Court is wrong in precluding attorneys from getting any continuing legal education credit for courses that use so-called diversity quotas, as it erroneously assumes existing biases and prejudices in the legal profession will change without proactive steps, says Sidney Kanazawa at ARC LLC.

  • Lawyers Must Prepare For Contract Tech Co. Consolidation

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    The legal industry's continued remote work needs during the pandemic have fueled growth of contract lifecycle management providers, but to continue access to the platforms they have come to rely on, businesses should look out for the CLM mergers that are likely to occur in 2022, says Naseeha Machingal at LegalEase Solutions.

  • How Attys Should Handle Unsolicited Privileged Information

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    Because there is no clear model ethics rule on point, attorneys who receive intentionally disclosed but apparently confidential or privileged materials — like Reed Smith in a recent California case — should consult state rules, ethics professionals and applicable protective orders to determine how to treat the information, say attorneys at Harris Wiltshire.

  • How Firms Can Adapt Amid COVID's Shifting Legal Needs

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    Avi Stadler at Esquire Deposition Solutions discusses the practice areas that are expanding most aggressively during the COVID-19 era of increased litigation and technology needs, and offers recommendations for how law firms can attract and retain the expertise they need to thrive in today's competitive market for legal services.

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