Legal Ethics

  • March 25, 2024

    Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.

    A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Jackson Walker Dismissal Bid Says Atty Lied About Romance

    A former Jackson Walker LLP partner at the center of an ethics scandal over her relationship with a then-Texas bankruptcy judge was dishonest when questioned about the romance, the firm said Friday in seeking to escape a federal racketeering lawsuit.

  • March 25, 2024

    Boston Settles Police Shooting Suit After Drawing Judge's Ire

    The city of Boston has settled a six-year-old lawsuit filed by the mother of a Black man who was shot and killed by a police officer, after the city's discovery missteps and violation of court orders nearly lost it the case, according to a Monday filing.

  • March 25, 2024

    Divided NC High Court Backs Insurer's Mailer Coverage Win

    A deadlocked North Carolina Supreme Court has left undisturbed a lower court's ruling that an insurer needn't cover a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims.

  • March 25, 2024

    Trump Ally Jeffrey Clark Faces Disbarment In DC Hearing

    In a case one expert called "the single most significant" in the history of the Washington, D.C., bar, a former U.S. Department of Justice official is set to go before an ethics panel this week to face charges over his role in former President Donald Trump's efforts to undermine the 2020 election.

  • March 25, 2024

    M&T Bank Execs Seek Exit From Fla. Law Firm's $1.5M Suit

    Two M&T Bank Corp. representatives want out of a lawsuit claiming they participated in the unlawful restriction of a Florida law firm's trust account amid a chargeback dispute, arguing they are protected from such claims by Florida's corporate shield doctrine.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 25, 2024

    Trump Can't Dismiss Hush Money Case, Trial Set For April

    A New York state judge on Monday emphatically denied Donald Trump's motion to dismiss the Manhattan district attorney's hush money case in the wake of a late evidence dump by federal prosecutors, scolding the former president's attorney and setting trial for April 15.

  • March 22, 2024

    Ill. Justices Weigh Whether Rule Violation Merits Fee Award

    The Illinois Supreme Court has questioned whether two law firms should be allowed to preserve their $1.7 million fee award for their work on a family dispute that settled after they were fired, as the justices asked whether fees are appropriate if the firms never disclosed how they would split the money.

  • March 22, 2024

    Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog

    The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.

  • March 22, 2024

    Ill. Atty Tampered With Witness In Own Fraud Case, Feds Say

    A Chicago-area lawyer facing criminal tax fraud charges has been slapped with a superseding indictment accusing him of witness tampering by trying to script a bookkeeper's testimony, according to an announcement made Friday.

  • March 22, 2024

    Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep

    Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.

  • March 22, 2024

    Former Hiller Atty Fights To Keep Entire Wage Suit Standing

    A former cannabis attorney at boutique firm Hiller PC told a New York state judge on Friday that her wage suit should stay in place in its entirety, saying that her contract existence doesn't prevent unjust enrichment claims.

  • March 22, 2024

    LA Atty Who Repped Rodney King Charged With Tax Evasion

    A Los Angeles attorney who represented Rodney King in a civil case against the city of Los Angeles after King was severely beaten by police has been hit with federal tax evasion charges.

  • March 22, 2024

    Feds, Girardi Agree To Delay Trial More Than 2 Months

    Disgraced attorney Tom Girardi's criminal trial could now be pushed back from May to August, after prosecutors and Girardi's defense attorneys filed a mutual request for a few more weeks of preparation in the closely watched case.

  • March 22, 2024

    SEC Sanctions NY Atty For 'Improper Professional Conduct'

    The U.S. Securities and Exchange Commission has barred a New York-based attorney from practicing before the agency, saying she engaged in "improper professional conduct" by failing to comply with a requirement that she not do further work for a two-year period for a company she had represented in proceedings.

  • March 22, 2024

    Pa. Panel Says Tort Statute Can't Kill Contract Claims

    A Pennsylvania appellate panel has revived a breach of contract suit brought by a pro se litigant against his former counsel for failing to provide adequate legal services, finding the trial court was wrong to reclassify the contract complaint as a tort claim for legal malpractice and then toss it on statutory grounds.

  • March 22, 2024

    Trump Election Case Gives Young Ga. Judge 'A World Stage'

    As Fulton County Superior Court Judge Scott McAfee prepares for perhaps the highest profile case he will ever see, legal experts and former state justices told Law360 that the young jurist has the ethics and temperament to not let the politically charged Donald Trump prosecution derail a promising legal career.

  • March 22, 2024

    Ill. Judges End Diversity Rules That Drew Conservative Ire

    The Seventh Circuit's chief judge has resolved judicial misconduct complaints targeting allegedly discriminatory standing orders by some Illinois federal judges encouraging younger, female and minority attorneys to handle oral arguments, after two of the judges rescinded their policies in response to the complaints.

  • March 22, 2024

    Lewis Brisbois Accused Of Filing 'Sham' Suits To Avert Fault

    A group of 185 Chinese investors have accused Lewis Brisbois Bisgaard & Smith LLP attorneys of filing numerous lawsuits — and collecting $3.8 million in legal fees — to cover for failing to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-use development.

  • March 22, 2024

    Cuomo Sister May Sit For Retaliation Claim Depo, Judge Says

    A Manhattan federal judge provisionally held Friday that Madeline Cuomo, the sister of former New York Gov. Andrew Cuomo, should sit for a deposition to address claims that she facilitated an effort to retaliate against a woman who has accused the former governor of harassment.

  • March 22, 2024

    Albright Denies Salesforce Bid For Patent Sanctions

    Salesforce.com Inc. waited too long to pursue sanctions against a prolific patent litigator who already voluntarily dismissed claims brought in a federal suit in Texas, U.S. District Judge Alan D. Albright has ruled, agreeing with a magistrate judge's report and recommendation to toss the sanctions bid.

  • March 21, 2024

    Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases

    An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.

  • March 21, 2024

    Colo. Distributor Seeks $2.3M Sanction For Stryker Spoilation

    A Colorado medical device distributor urged a federal judge to make Stryker and its lawyers pay $2.3 million in attorney fees as sanctions for "pervasive misconduct" throughout discovery and trial, arguing discovery violations will otherwise become the "cost of doing business" for the medical technology giant.

Expert Analysis

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Opinion

    History Reveals Folly Of Absolute Presidential Immunity

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    As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

  • Perspectives

    6 Practice Pointers For Pro Bono Immigration Practice

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    An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.

  • Lessons From Country Singer's Personal Service Saga

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    Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.

  • Series

    Baking Bread Makes Me A Better Lawyer

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    After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.

  • Federal Courts And AI Standing Orders: Safety Or Overkill?

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    Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.

  • Wachtell-X Ruling Highlights Trend On Arbitrability Question

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    A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • On The Edge: Lessons In Patent Litigation Financing

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    A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Opinion

    Stronger Attorney Rules Are Needed To Avoid A Jan. 6 Repeat

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    Given the key role lawyers played in the events leading up to the Jan. 6, 2021, insurrection, the legal profession must shore up its rules before this year’s presidential election to make clear that lawyers who undermine the rule of law will face severe penalties, including disbarment, says Ray Brescia at Albany Law School.

  • 4 Legal Ethics Considerations For The New Year

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    As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

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