Legal Ethics

  • January 14, 2025

    Giuliani Atty Chided For 'Higher Power' Remark Ahead Of Trial

    A Manhattan federal judge pushed back Tuesday against Rudy Giuliani's lawyer ahead of a trial on whether the former New York City mayor must turn over his Florida condo and World Series rings to help cover a $148 million defamation judgment, after Giuliani's counsel said a precluded witness "answers to a higher power than this court."

  • January 14, 2025

    Connecticut Transfer Station Cases Settle Ahead Of Trial

    On the eve of jury selection, a lawsuit that started as a dispute over a $3 million transfer station performance bond and bloomed into a multipronged contract and unfair trade practices battle, as well as a companion case, have settled, Connecticut state court records show.

  • January 13, 2025

    Stanford AI Expert Reamed For Erroneous AI-Generated Brief

    A Minnesota federal judge on Friday threw out an erroneous expert declaration prepared by a Stanford University expert on artificial intelligence in litigation over the state's law on deepfakes, finding that the fake, AI-generated sources in his declaration "shatters his credibility with this court."

  • January 13, 2025

    IPRs Aren't 'Voluntary,' Dish Tells Justices In Fee Fight

    Dish Network LLC is kicking up a fight at the U.S. Supreme Court over the question of whether filing petitions at the Patent Trial and Appeal Board is "voluntary" or not, in a bid to get "exceptional" plaintiffs to pay for litigation costs there.

  • January 13, 2025

    On Cross, Madigan Says He Merely Helped Job-Seekers

    Former Illinois House Speaker Michael Madigan distanced himself Monday from political allies who prosecutors say bribed him for jobs and other benefits, saying his recommendations were just that, and that he thought he was effective in shutting down a former alderman's quid pro quo suggestion.

  • January 13, 2025

    Microsoft, Patent Firm Ramey Lose Dueling Sanctions Bids

    A Texas federal judge denied dueling sanctions motions Monday in a post-litigation spat between Microsoft and prolific patent firm Ramey LLP, holding that neither party met the standard to win disciplinary fees from the other.

  • January 13, 2025

    Ex-Cook County Assessor Officer Hit With Bribery Charges

    A chief hearings officer for former Cook County Assessor Joseph Berrios' office accepted bribes, including from a law firm's tax consultant, when handling a property assessment appeal, a new lawsuit in Illinois federal court alleges.

  • January 13, 2025

    Madoff Trustee Blasts Katten's 2nd Bid To Drop Client

    The trustee overseeing the long-running liquidation of Bernie Madoff's bankruptcy estate is fighting a renewed attempt by Katten Muchin Rosenman LLP to drop its client, French investment fund Access International Advisors, telling the court that the firm's motion to withdraw as counsel lacks novel arguments differentiating it from an earlier bid that had already been denied.

  • January 13, 2025

    Justices Mull Grammar In First Step Act Resentencing Case

    The U.S. Supreme Court grappled with grammar-heavy arguments Monday over whether lighter sentences under the First Step Act should apply to defendants who were sentenced before the 2018 law was enacted but later resentenced after their original sentences were thrown out.

  • January 13, 2025

    Keller Postman, Jenner & Block Call A Truce In Tubi Case

    Keller Postman LLC and Jenner & Block LLP have reached a deal in a bitter dispute that saw both firms lobbing misconduct accusations over Keller Postman's mass arbitration campaign against video streaming service Tubi Inc.

  • January 13, 2025

    Ga. Attys Face Sanctions Bid Over Media On Shooting By Cop

    The city of Savannah has urged a Georgia federal court to sanction Claiborne Firm PC attorneys for "inject[ing] bias into the jury pool" by allegedly mischaracterizing facts related to the shooting death of a Black man in 2022 by a police officer who's facing murder charges.

  • January 13, 2025

    NY Judge Unmoved By Media Dustups In Mayor's Bribe Case

    Prosecutors and defense counsel should watch what they say to the press, a Manhattan federal judge overseeing New York City Mayor Eric Adams' corruption case warned in an order on Monday, though the judge declined to chastise either side over alleged rule violations.

  • January 13, 2025

    Mich. AG Says She Is Immune From Flint Water Suit

    Michigan Attorney General Dana Nessel has told a federal court she is immune from allegations that she stripped due process rights from former Gov. Rick Snyder's aide when he was among the officials indicted in the aftermath of the Flint water crisis.

  • January 13, 2025

    Alex Jones Switches Conn. Attys In $1B Sandy Hook Appeal

    A Randazza Legal Group attorney will represent Alex Jones in a Connecticut Supreme Court bid to erase the remainder of a $1.44 billion defamation judgment for Sandy Hook shooting victims after the Infowars host's now-former lawyer raised unspecified conflict concerns about a third attorney representing Jones in the Connecticut appeal.

  • January 13, 2025

    Court, Not County, Was Worker's Employer, Ga. Judge Says

    A Georgia federal judge on Friday recommended freeing Fulton County from a lawsuit brought against it by a former juvenile court employee, who sued for age and disability discrimination after she was fired at 60 and had requested medical leave due to an upcoming knee surgery.

  • January 13, 2025

    Tax-Lien Biz Atty Accused Of Duping Bank Can't Touch Money

    A Manhattan federal judge declined Monday to unfreeze assets on behalf of a former compliance lawyer accused of duping a bank into lending his tax-lien investment firm $20 million, complicating his plan to go to trial with private counsel.

  • January 13, 2025

    Fla. Justices To Weigh Scope Of Agency's Prosecution Power

    The Florida Supreme Court agreed Monday to hear the case of a man accused of election fraud who says the Florida Office of Statewide Prosecution doesn't have the authority to pursue the claims against him.

  • January 13, 2025

    Ex-Sacks Weston Atty's Theft Supports Suspension, Court Told

    The severity of a suspended Philadelphia attorney's actions when he defrauded his former firm, Sacks Weston LLC, of almost $320,000 supports the Pennsylvania Disciplinary Board's recommendation of a five-year suspension of his law license, the state's Office of Disciplinary Counsel has argued.

  • January 13, 2025

    Tesla Wants Judge DQ'd From Accident Suit Over Prior Work

    Tesla wants a California federal judge disqualified from hearing a woman's personal injury lawsuit against it over the judge's previous work for a law firm that had won a $3.2 million jury verdict against the electric carmaker.

  • January 13, 2025

    NJ Firm Agrees To Settle Client's Suit Over Ransomware Attack

    New Jersey law firm The Wacks Law Group LLC has reached a settlement agreement with a former client to end a proposed class action claiming that the firm's negligence in properly securing its data led to the theft of hundreds of clients' personal information in a March cyberattack.

  • January 13, 2025

    Ex-NJ Public Defender, Atlantic City End Bias Suit

    A New Jersey federal judge has dismissed a gender discrimination and retaliation lawsuit brought by a former municipal public defender against Atlantic City and her onetime supervisor after the parties settled.

  • January 13, 2025

    FedEx Drivers Rip Company's 'Desperate' Bid To Duck OT Suit

    FedEx drivers working for intermediate employers have pressed a Massachusetts federal judge to keep alive one of a handful of overtime lawsuits against the shipping giant, blasting the company's "desperate" bid to have the case kicked as a sanction to the drivers' lawyers.

  • January 13, 2025

    Proskauer Faces Revived DQ Bid In NJ Hospital Antitrust Fight

    CarePoint Health is once again pushing to have Proskauer Rose LLP disqualified as counsel for healthcare network RWJBarnabas Health Inc. in an antitrust lawsuit in New Jersey federal court, asserting that a magistrate judge erred in previously denying its request.

  • January 13, 2025

    Smith Gambrell Faces DQ Bid In Major Lindsey Suit

    A former Major Lindsey & Africa employee with a lengthy legal history with the recruiter is seeking to disqualify Smith Gambrell from representing Major Lindsey in her $75 million federal defamation suit, arguing three attorneys are key witnesses to help determine liability.

  • January 10, 2025

    Up Next At High Court: Porn ID Check & Retiree Discrimination

    The U.S. Supreme Court will return to the bench Monday for a full argument session, in which the justices will debate whether a Texas law requiring pornography websites to verify their visitors aren't minors violates the First Amendment and if retirees have the right to sue former employers for benefits discrimination. 

Expert Analysis

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Opinion

    Litigation Funding Needs Regulating To Meet Ethics Standards

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    Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • For Now, Generative AI Is Risky For Class Action Counsel

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    Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.

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