Legal Ethics

Expert Analysis

• FIRREA Remains Potent Civil Fraud Enforcement Tool

  

  Last year, three court decisions addressing the Financial Institutions Reform, Recovery and Enforcement Act's civil monetary penalties provision — two at the final judgment stage and one at the pleadings stage — expanded FIRREA jurisprudence and remind us why this statute cannot be ignored, say attorneys at Morgan Lewis.

• How Associate Life Has Evolved Over The Past Decade

  

  During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

• Why Reformers Want Disclosure Of 3rd-Party MDL Funding

  

  With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

• Series

  Judging A Book: Dyk Reviews 'Democracy And Equality'

  

  In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

• Rodeo Ruling Clarifies Atty Conflict Rules In Derivative Suits

  

  While the Texas Supreme Court's recent decision not to disqualify Kelly Hart & Hallman's representation of owners of the Billy Bob's Texas rodeo in a dispute over control of the business is noteworthy, its clarification on firms' conflicts of interest in derivative cases is the more important point, says former Texas Court of Appeals Justice Douglas Lang, of Dorsey & Whitney.

• 7 Insider Tips For Working With In-House Counsel

  

  For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

• 50 Years Later, Interpretive Challenges Remain For RICO

  

  In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

• 7 Ethics Tips For Lawyers' Pretrial Social Media Use

  

  As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

• Opinion

  States Should Not Follow ABA On Attorney Conduct Rules

  

  Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

• How Courts And Litigants Can Benefit From Special Masters

  

  As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

• Uber Policy Calls For Refresher On ABA Confidentiality Rules

  

  Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.

• The Real Danger Of Outsourced Government Investigations

  

  Following the New York federal court ruling last year in U.S. v. Connolly excoriating the government for effectively outsourcing an investigation, the concern over the rules of engagement with the government likely is misplaced. Instead, company counsel may want to focus on growing ethical pitfalls in internal investigations, say attorneys at Foley & Lardner.

• 4 Simple Rules For Witness Note Taking

  

  Witness notes that form the center of a plaintiff’s case have largely been replaced by digital systems, but they remain on defense counsel’s radar, and with proper safeguards can be a witness's best friend, says Matthew Keenan at Shook Hardy.

• The Meaninglessness Of 'Disinterested' Revisited

  

  A federal judge's ruling — expected to be appealed Tuesday — in the securities fraud trial of former executives of hedge fund Platinum Partners, together with the testimony of a former BakerHostetler attorney, leave no doubt that the law firm should not have been allowed to represent Black Elk Energy in bankruptcy, says attorney Richard Roth.

• Opinion

  2 Overlooked Advantages Of Hourly Fees

  

  Alternative-fee disputes like Bartlit Beck v. Okada in Illinois federal court may tell us something about the reasons for the continued vitality of the hourly fee, especially among clients who have the wherewithal to pay, says attorney J.B. Heaton.