Legal Ethics

  • September 10, 2020

    Eckert Seamans Hit With Investment Fraud Suit In Fla.

    A putative class of investors is suing Eckert Seamans Cherin & Mellott LLC and an attorney in Florida federal court over allegedly misrepresenting or failing to disclose details of a merchant cash advance investment scheme they represented, including pending litigation and investigations over the loans.

  • September 10, 2020

    Ex-Atty Can't Take Back Money Laundering Plea, Feds Say

    Prosecutors have called on a New Jersey federal court to knock down a disbarred attorney's bid to rescind his guilty plea in what authorities have said was a roughly $13 million Ponzi scheme, blasting his claims that "newly discovered evidence" demonstrates his innocence.

  • September 10, 2020

    Pa. Justices Reject Diploma Privilege Petition

    The Pennsylvania Supreme Court on Thursday denied a petition asking that it consider axing the bar exam requirement and allow law school graduates to begin practicing on an emergency basis this year as a result of the ongoing coronavirus pandemic.

  • September 10, 2020

    Michigan Bar Prevails In Fight Over Mandatory Atty Dues

    A Michigan federal court declined to consider whether recent U.S. Supreme Court precedent has rendered compulsory bar membership unconstitutional, ruling against a challenge to the State Bar of Michigan and saying the constitutional question would be something for higher courts to weigh.

  • September 10, 2020

    Ex-Jones Day Atty Says Nix Of Equal Pay Claim 'Erroneous'

    A former Jones Day associate suing the legal powerhouse over its parental leave policy said a D.C. federal judge misinterpreted the term "equal work" when he threw out her Equal Pay Act claim.

  • September 09, 2020

    Diploma Privilege Group Tells Calif. To Scrap Online Bar Exam

    California should do away with its bar exam altogether and permit law school graduates to be admitted to the California State Bar, a nationwide diploma privilege advocacy group said Wednesday, calling the Golden State's plan to administer an online exam in early October "impractical, infeasible and inequitable" in light of COVID-19.

  • September 09, 2020

    Fla. Gov. Urges Lawmaker To Drop Suit Over High Court Pick

    Florida Gov. Ron DeSantis applied a full-court press Wednesday for a state representative to drop her legal challenge to his Florida Supreme Court appointee who was recently ruled ineligible, enlisting Black officials to urge her to preserve her previously stated goal of having a Black justice on the bench.

  • September 09, 2020

    Ex-Law Firm Bookkeeper To Cop To Embezzling $740K

    The former bookkeeper at the Rhode Island law firm Hamel Waxler Allen & Collins has agreed to plead guilty to charges stemming from claims she embezzled more than $740,000 from her godmother's firm, according to Wednesday filings in federal court.

  • September 09, 2020

    NY Top Court Dubious Of Judge Fighting Removal For Sexism

    Judges in New York's high court on Wednesday heaped doubt on arguments by a trial judge accused of a history of bad behavior — including sexist comments and dodging taxes — as he made a last-ditch appeal to avoid being removed from the bench.

  • September 09, 2020

    3rd Circ. Won't Slash Podhurst's Fee In NFL Concussion Deal

    The Third Circuit refused Wednesday to further cut a $775,000 contingency fee Podhurst Orseck PA received for representing deceased former NFL fullback Kevin Turner in concussion litigation against the league.

  • September 09, 2020

    Calif. Atty Cops To Credit Fraud, Campaign Finance Schemes

    A California lawyer pled guilty to fraud and campaign finance charges on Wednesday in two separate cases in D.C. federal court over different multimillion-dollar schemes connected to his employer, payment processor Allied Wallet.

  • September 09, 2020

    Victims Coalition Told To Release Docs In Boy Scouts' Ch. 11

    A Delaware bankruptcy judge on Wednesday ordered substantial public disclosure of retention agreements filed by an ad hoc committee for abuse victims in Boy Scouts of America's Chapter 11 case amid arguments that the restrictions masked possible ethical violations.

  • September 09, 2020

    Pa. Justices Defend Chief Jurist Against Bias Allegations

    Members of Pennsylvania's highest court fired back Tuesday at allegations that ex-Penn State University general counsel Cynthia Baldwin's recent reprimand was the result of either racial bias or a personal vendetta on the part of Chief Justice Thomas Saylor.

  • September 09, 2020

    Texas AG Warns State Bar Against Adopting Anti-Bias Rule

    Texas Attorney General Ken Paxton on Wednesday fired off a warning letter to the State Bar of Texas board of directors, hours before it was set to consider an American Bar Association rule prohibiting discriminatory behavior, saying the rule would "trample attorneys' First Amendment rights."

  • September 09, 2020

    Attys Ask JAMS For Bias Review After Judge's Racist Email

    The National Employment Lawyer Association has called on mediation and arbitration giant JAMS to review all discrimination cases overseen by a retired judge who was fired as a JAMS neutral after he shared a racist email that portrayed Black people as inherently inferior and to implement new organizationwide bias monitoring.

  • September 09, 2020

    Troutman Pepper Hit With $5M Malpractice Claim

    Troutman Pepper should pay at least $5 million after it "succumbed to conflicts of interest" in its legal work for an e-commerce services company, several of the company's founders have contended in New York state court.

  • September 09, 2020

    Ex-GC Nets Early Win Against CBD Cos. Over Stocks, Benefits

    A Pennsylvania federal judge on Tuesday entered a default judgment against three related CBD companies in a suit leveled by the companies' former corporate counsel seeking dividends he and his wife were promised, saying the companies have not communicated with the court.

  • September 09, 2020

    House Seeks 2nd DC Circ. Review Of McGahn Subpoena

    The House Judiciary Committee asked the full D.C. Circuit to review a recent finding that the panel lacks the authority to force testimony from former White House counsel Don McGahn, saying the chamber's "constitutional right to obtain information" has once again been "hamstrung."

  • September 09, 2020

    Reed Smith To Disclose SEC Comms In Hedge Fund Suit

    Reed Smith has agreed to hand over correspondence with the U.S. Securities and Exchange Commission in a lawsuit brought by three insolvent hedge funds accusing the firm of wrongly forwarding their share of a $15.7 million settlement to the U.S. authority to satisfy a court order in a separate case.

  • September 08, 2020

    Boy Scouts Insurer Blasts Victim Coalition's Ch. 11 Claims

    An insurer for the bankrupt Boy Scouts of America on Tuesday accused an abuse victims coalition of having "privately expressed its contempt" for a Delaware Chapter 11 claims process, saying the group "believes it can exert total control over the case."

  • September 08, 2020

    Recruiter Calls Jones Day A State Agent In MSU Probe

    Pushing back on a pair of defense dismissal bids, a former athletics recruiter told a Michigan federal judge in recent days that Jones Day was acting as a government agent when the firm and others conspired to blame the recruiter for the school's handing of sexual assault allegations.

  • September 08, 2020

    Indivior Wants Class Rep DQ'd In Suboxone Product-Hop Suit

    Indivior Inc. has asked a Pennsylvania federal court to disqualify bankrupt drug wholesaler Rochester Drug Co-Operative from representing a class suing over a product hop scheme that allegedly inflated the price of the opioid addiction treatment Suboxone.

  • September 08, 2020

    Fla. Court Tosses Investors' Fraud Claim Against Va. Attys

    A Florida federal judge has brought an end to two real estate investors' fraud claim against Virginia-based law firm Kaplan Voekler Cunningham & Frank PLC, as he found their allegations all pertain to an attorney-client relationship, and cannot exist separately from their remaining claim of legal malpractice.

  • September 08, 2020

    Major Litigation Finance Firms Create New Trade Group

    Several major litigation finance firms announced Tuesday they are joining together to create a global association that will focus on advancing the interests of the commercial legal finance industry and on promoting best practices for the sector.

  • September 08, 2020

    Feds Want Avenatti Jailed Again Over Alleged Laptop Use

    Prosecutors have asked a California federal judge to send embattled attorney Michael Avenatti back to prison, citing "clear and convincing" evidence that he used a computer to draft court documents, in violation of his release conditions.

Expert Analysis

  • Law Firms Must Beware Risks In Nontraditional Financing

    Author Photo

    Law firms in today's financial crisis may be looking at nontraditional arrangements such as portfolio funding or factoring to provide liquidity and cash support, but firms must first consider lawsuits brought against Pierce Bainbridge and other recent developments, says Katherine Toomey at Lewis Baach.

  • 2 Tested Alternatives To Unavoidable Court Delays

    Author Photo

    Those seeking resolution in commercial disputes that are stuck in an unavoidable but lengthy court backlog due to the pandemic must consider the advantages of arbitration and mediation over court proceedings, says former U.S. District Judge Shira Scheindlin now at Stroock.

  • Opinion

    Minn. Ruling Represents Sensible Stance On Legal Finance

    Author Photo

    The Minnesota Supreme Court's Maslowski v. Prospect Funding Partners decision this week reaffirms that the doctrine of champerty is archaic, impedes important litigation finance activity, and should be abolished in the handful of states where it remains alive, says Andrew Cohen at Burford Capital.

  • Best Practices For A Paperless Law Practice

    Author Photo

    A significant challenge in practicing law remotely is the use and handling of documents without paper, because common digital tools such as email or even secure file transfer applications are problematic, say attorneys at Baker McKenzie.

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

    Author Photo

    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • How Lawyers Can Network Better, Virtually And In Person

    Author Photo

    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Practical Tips For Presenting Your Case To Litigation Funders

    Author Photo

    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

    Author Photo

    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Opinion

    Don't Cancel Your Summer Associate Programs

    Author Photo

    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

    Author Photo

    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

    Author Photo

    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

    Author Photo

    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

    Author Photo

    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Opinion

    Flynn Judge Should Not Change Role Of Amicus Curiae

    Author Photo

    As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.

  • The Role Of Remote Mediation After The Crisis Is Over

    Author Photo

    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

Want to publish in Law360?


Submit an idea
Can't find the article you're looking for? Click here to search the Legal Ethics archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Beta
Ask a question!