Legal Ethics

  • July 21, 2019

    Do Atty Hopefuls With Criminal Records Get A Fair Shake?

    Attorney hopefuls must undergo a “moral character” screening that is supposed to protect the public from unscrupulous lawyers, but a new report from Stanford has found that the way bar examiners evaluate criminal records often has little to do with that purpose.

  • July 19, 2019

    Ill. Atty Says Sanctions Should Be Dropped Over Mix-Up

    The attorney for former Segerdahl Corp. employees accused of misappropriating trade secrets asked an Illinois federal judge on Friday to reconsider sanctions imposed against him, saying they were only granted because of a deadline mix-up.

  • July 19, 2019

    Ailing NFL Players And The Lawyer They Say Swindled Them

    The inside story of how an avaricious lawyer, an ex-con and an unlicensed doctor preyed on NFL players in hopes of getting rich off the league's landmark concussion settlement.

  • July 19, 2019

    Wash. High Court Gives Special Protection To In-House Attys

    The Washington Supreme Court has ruled that in-house attorneys are allowed to sue their employers, despite attorney ethics rules that would otherwise prohibit such suits, saying that the state's ethics rules have not kept up with the modern realities of the practice of law.

  • July 19, 2019

    Fla. Firm Sues USAA Over 'Malicious' Malpractice Claims

    There's a new front in the highly publicized fee dispute between North Miami-based insurance law firm Herssein Law Group and financial services company USAA, as Herssein sued USAA and its counsel Thursday, claiming they maliciously filed legal malpractice claims against him.

  • July 19, 2019

    Craig Won't Use Ukraine Report From Judge's Firm At Trial

    Ex-Skadden partner Gregory Craig indicated Friday he didn’t want to introduce at his upcoming trial a Ukraine-focused report authored by lawyers at the former firm of the D.C. federal judge overseeing his criminal case.

  • July 19, 2019

    Rep. Asks Feds If DOJ Policy Shielded Trump From Indictment

    The head of the House Oversight Committee wants federal prosecutors to explain whether a U.S. Department of Justice policy that bars indicting a sitting president impacted the decision not to indict President Donald Trump following allegations that he violated campaign finance laws by paying off women he had affairs with.

  • July 19, 2019

    Massachusetts Cases To Watch: Midyear Report

    Boston courthouses have been hopping as spring has turned to summer and high-profile white collar cases, the anticipated verdict in a landmark education and employment case, and a pair of cases dealing with courthouse immigration arrests have been filling up the Bay State's dockets. Here, Law360 highlights some of the most important cases to watch in the second half of 2019.

  • July 19, 2019

    FDCPA Time Limit Is Year From Incident, Feds Tell Justices

    The federal government has urged the U.S. Supreme Court to affirm the Third Circuit’s determination that the one-year time limit for launching Fair Debt Collection Practices Act lawsuits starts when the alleged wrongdoing occurs, not when it is discovered.

  • July 19, 2019

    Attys Who Gave Judge Rays Tickets Benched For 18 Months

    Two Florida lawyers whose firm ran baseball-themed ads will be out of the lineup for the next 18 months after the Florida Supreme Court suspended them for giving Tampa Bay Rays tickets to a judge handling one of their cases.

  • July 19, 2019

    Hooper Lundy OK To Rep Husband & Wife In 'Varsity Blues'

    A California couple charged in the nationwide college admissions case known as "Varsity Blues" told a Massachusetts federal judge they are comfortable having Hooper Lundy & Bookman PC represent them both, despite several concerns raised by prosecutors during a hearing Friday.

  • July 18, 2019

    Pa. Atty Faces Federal Charges Over Client Diversion Scheme

    Federal prosecutors have charged a Philadelphia-area personal injury attorney with mail fraud, claiming he secretly referred clients of his longtime personal injury firm to outside attorneys in exchange for a substantial cut of their fees and defrauded his firm out of $4.2 million, the U.S. Department of Justice announced Thursday.

  • July 18, 2019

    NJ Atty Must Face New Trial In Fraud Suit Over Estate Plan

    A New Jersey state appeals court on Thursday ordered a new jury trial over claims against a former Rabil Kingett attorney and others purportedly involved in changing the estate plan of a woman with Alzheimer's disease and dementia, saying a lower court had improperly tossed a breach of fiduciary claim against the lawyer.

  • July 18, 2019

    Binary Options Exec Trained Reps To Con Investors, Jury Told

    On the second day of binary options executive Lee Elbaz’s fraud trial, one of her former subordinates took the stand to tell a Maryland federal jury that Elbaz coached her on how to lie to investors to bring in more cash.

  • July 18, 2019

    Clark Hill Client Says Firm Pushed $1M Deal For His $63M Suit

    A Philadelphia-area mergers and acquisitions adviser said Clark Hill PLC attorneys pressured him into accepting a settlement worth less than $1 million for a $63.5 million lawsuit, according to a professional malpractice claim filed Wednesday in a Pennsylvania state court.

  • July 18, 2019

    Suit Against Downey Brand Over $150M REIT Sale Dismissed

    A New York federal judge has dismissed a suit against California firm Downey Brand LLP over the $150 million sale of a real estate investment trust that the firm handled, with the judge saying that the suit was too similar to another suit that was dismissed in 2018.

  • July 18, 2019

    Carlton Fields Switched Sides In Transaction, Suit Says

    The trustee of a bankrupt title insurance company has filed a suit in Florida state court against Carlton Fields accusing the law firm of sending the company into insolvency by setting up a joint venture then jumping ship to represent the company’s partner.

  • July 18, 2019

    NJ Sports Agency, Atty Duck Suit Over Concealment Claim

    A New Jersey appellate panel on Thursday affirmed the dismissal of a suit accusing the New Jersey Sports and Exposition Authority and its then-attorney of fraudulently concealing information, which a woman claims gutted her underlying personal injury suit, with the judges saying the agency had no duty to provide that information.

  • July 18, 2019

    9th Circ. Reopens Mexican's Removal Case Over Bad Counsel

    A Mexican man who was ordered to be deported over his state conviction for sexual abuse of a minor can reopen his case for ineffective counsel, the Ninth Circuit ruled Thursday, giving him another chance to argue that he would likely be tortured if he returned to his home country.

  • July 18, 2019

    Trump Affair Hush Money Probe Over, Feds Tell Judge

    Manhattan federal prosecutors have "effectively concluded" their probe into campaign finance violations tied to two campaign season payments to silence women who had alleged affairs with President Donald Trump, according to a Thursday filing.

  • July 18, 2019

    Fla. State Judge Accused Of Grabbing Court Staffer By Neck

    Florida’s Judicial Qualifications Commission recommended suspending a Fort Lauderdale judge on Thursday for allegedly grabbing a court employee and shaking him.

  • July 18, 2019

    Fla. Law Firms Fight Over Who Can Say 'Simon Says'

    Central Florida personal injury law firm Simon Law Group PA launched a trademark infringement suit Wednesday against local competitor Nicholson Injury Law PA over its use of the tagline “Simon Says Justice” in advertisements.

  • July 18, 2019

    Law360's The Week In Discipline

    A Virginia politician who lost a final appeal to keep his law license and an Ohio attorney who tried to blackmail a client lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • July 18, 2019

    Plaintiffs Attys May Be Inflating Hours For Larger Awards

    Plaintiffs attorneys in securities class actions may be tempted to inflate their billable hours with unnecessary work to justify large fee awards, according to a new report published Tuesday by three law professors.

  • July 18, 2019

    Texas Firms Aim To Dodge NJ Pelvic Mesh Malpractice Suit

    Potts Law Firm and other Texas firms accused of improperly pocketing excessive attorney fees from roughly 1,450 pelvic mesh victims have asked a New Jersey federal court to toss a proposed class action against them, arguing the plaintiff didn't actually "sustain any damages."

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Inside A Closely Watched FCA And FIRREA Decision

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    Last week’s district court decision in Luce v. U.S. interprets a stricter standard of causation for False Claims Act cases and, significantly, makes a helpful contribution to a dearth of case law interpreting the Financial Institutions Reform, Recovery and Enforcement Act’s penalty provisions, says Derek Adams of Feldesman Tucker.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    Pa. Court Muddies Privilege And Work-Product Waters

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    With respect to attorney-client privilege and the work-product doctrine in Pennsylvania, the Pennsylvania Superior Court's recent decision in Newsuan v. Republic Services is significantly flawed and will contribute to confusion, uncertainty and risks, says Kevin Allen of Eckert Seamans.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.

  • Inside The New Anti-Money Laundering Guidance For Attys

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    The Paris-based Financial Action Task Force recently updated its global guidance for lawyers on how to detect and prevent money laundering and terrorist financing. The 2019 guidance bears structural similarities to the 2008 version, but contains several significant changes, says Kevin Shepherd of Venable.

  • Q&A

    A Chat With Ballard Spahr Diversity Chief Virginia Essandoh

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    In the final installment of this monthly series, legal recruiting expert Carlos Pauling from Major Lindsey & Africa talks with Virginia Essandoh about the trends and challenges she sees as chief diversity officer at Ballard Spahr.

  • Series

    Judging A Book: McMahon On 'Roosevelt For The Defense'

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    In "Theodore Roosevelt for the Defense," authors Dan Abrams and David Fisher meticulously chronicle the forgotten high-profile 1915 libel trial of Teddy Roosevelt, capturing the interesting legal customs of an era before things like notice pleading and pretrial discovery, says Chief U.S. District Judge Colleen McMahon of the Southern District of New York.

  • New Scrutiny For NDAs In Sexual Harassment Matters

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    Recent government scrutiny of nondisclosure agreements related to allegations of sexual harassment and misconduct against Steve Wynn and Harvey Weinstein raises the question of whether some uses of NDAs could amount to obstruction of justice or a violation of lawyers' ethical obligations, say attorneys at Cleary.

  • Rohrmoos Highlights Steps To Securing Atty Fees In Texas

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    The contours of the Texas Supreme Court's decision in Rohrmoos Venture v. UTSW DVA Healthcare provide important clarifications, reminders and cautions regarding attorney fee claims — most importantly, that providing billing records is essentially indispensable, say attorneys at Jones Walker.