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Legal Ethics
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October 07, 2024
9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat
The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.
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October 07, 2024
Lin Wood Denies Lying About Assets In Fight With Ex-Partners
Former attorney Lin Wood pushed back Friday on his former partners' allegations that he concealed a $4 million asset and lied about being unable to post a cash bond during his appeal of the $3.75 million defamation verdict against him, saying they "fundamentally misunderstand the facts."
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October 07, 2024
Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff
A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.
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October 07, 2024
Ga. Judge Faces Ethics Charges Over Yearslong Case Delays
A Georgia probate court judge faces multiple ethics charges for supposedly delaying a series of cases, the most severe of which has sat open for more than seven years.
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October 07, 2024
Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator
A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.
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October 07, 2024
Defiant Philly Judge Gets Suspended For Political Posts
A Pennsylvania judge who flouted conduct rules by making political posts was suspended without pay Monday, a matter the state's judicial ethics court called historic because of the jurist's repeated defiance of warnings.
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October 07, 2024
Justices Won't Review Feds' Warrant On Trump's Twitter DMs
The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.
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October 07, 2024
Justices Won't Review Judge's Non-Recusal In Al-Qaida Case
The U.S. Supreme Court on Monday refused to probe whether a D.C. Circuit judge, previously a government attorney, should have recused himself from a former al-Qaida member's appeal of a life sentence for terrorism and war crimes.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Mondelez, BCLP Ink $750K Deal To End Data Breach Suits
Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.
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October 04, 2024
Attys Tried To Coerce Client For Larger Fee, Texas Court Rules
A Texas appeals court found that two attorneys tried to finagle a higher fee out of their client by threatening her with a lawsuit if she didn't fork over a larger amount than was specified in their contract, with the three-judge panel overruling all the attorneys' issues.
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October 04, 2024
Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies
A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."
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October 04, 2024
Circle K Avoids Trial, Settles Suit Over Gas Pump Death
The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.
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October 04, 2024
Atty Who Defied License Ban Asks Court To Rethink Jail Time
A disbarred attorney asked the Florida Supreme Court on Friday to reconsider its decision to send him to jail for 60 days for allegedly repeatedly practicing law without a license, including continuing to market himself as a licensed attorney.
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October 04, 2024
Genasys Seeks Sanctions For Destroyed Evidence In IP Case
Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.
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October 04, 2024
Fed. Circ. Topples Verdict In Tire Design IP Litigation
The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.
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October 04, 2024
Election Litigation Looms Over New Supreme Court Term
The U.S. Supreme Court justices return to the bench Monday for a new term, even as the dust continues to settle from the shifts in administrative law and foundational changes to presidential immunity that headlined their last sitting. But experts say any hope that this term may be calmer is wishful thinking, in large part due to all-but-certain litigation over the presidential election.
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October 04, 2024
Retired Judge Says Unpaid Services Suit's Claims 'Untimely'
Retired U.S. Circuit Judge Richard A. Posner asked an Indiana federal court on Friday to grant him a summary judgment win in litigation alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization, saying the suit's claims are "untimely."
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October 04, 2024
Oversight Dems Probe Chief Justice On Jan. 6 Case Handling
Two House Democrats on the oversight committee questioned U.S. Supreme Court Chief Justice John Roberts Friday on recent reporting he replaced Justice Samuel Alito as the author of a decision on a Jan. 6 case after the public learned the latter justice's wife flew flags at their homes with ties to the "Stop the Steal" movement.
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October 04, 2024
Fla. Firm Wins Wage Dispute After Paralegal Abandons Suit
A federal judge threw out a paralegal's lawsuit alleging that a West Palm Beach, Florida, law firm underpaid her and then retaliated against her by cutting her hours when she complained, saying she has refused to continue to participate in the litigation.
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October 04, 2024
EB-5 Partner Accuses NC Atty Of Aiding Investor Coup
A company created to protect an investment project supporting green card applications for Chinese nationals accused a North Carolina attorney in state court of helping shareholders try to place the company into receivership and take control of a $30 million fund.
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October 04, 2024
Epic Doubts Apple's Privilege Assertions In Antitrust Fight
Epic Games told a California federal magistrate judge overseeing discovery in its antitrust compliance fight with Apple on Friday that it's concerned Apple has wrongly asserted privilege in more than half the documents it has declined to produce, while adding "we don't want to spend months here duking this out."
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October 04, 2024
RI Atty Faces Discipline For Unauthorized Practice In Conn.
An attorney from Rhode Island is facing possible disciplinary action in Connecticut after she represented a client in a juvenile court matter in the Constitution State without being licensed to practice in the state.
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October 04, 2024
Up First At High Court: Civil Rights, Ghost Guns, Atty Fees
The U.S. Supreme Court reconvenes Monday to start a brand-new term, with the justices first hearing arguments related to prerequisites for litigating federal rights in state courts, ghost gun regulations, and whether a death row inmate is entitled to a new trial after a state admits that prosecutorial misconduct might have led to his conviction.
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October 04, 2024
Panel Agrees Atty 'Acted Incompetently' In Filing Slipup
Connecticut's Statewide Grievance Committee had clear and convincing evidence that civil litigation attorney John W. Mills of Mills & Cahill LLC acted incompetently in failing to name his client's business as a plaintiff in a lawsuit against her accountant's estate or provide proof of her individual damages, a state appellate panel ruled Friday.
Expert Analysis
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4 Ways To Motivate Junior Attorneys To Bring Their Best
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.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
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.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
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.
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Stay Interviews Are Key To Retaining Legal Talent
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.
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The Fed. Circ. In February: A Reminder On Procedure Rule 28
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.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
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.
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Series
Spray Painting Makes Me A Better Lawyer
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.
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
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.
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Opinion
Judicial Independence Is Imperative This Election Year
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.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
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.
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Spartan Arbitration Tactics Against Well-Funded Opponents
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.
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What Recent Study Shows About AI's Promise For Legal Tasks
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.
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For Now, Generative AI Is Risky For Class Action Counsel
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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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.