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Legal Ethics
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June 04, 2024
Northrop Fights Retirees' 9th Circ. Bid For New Judge
Northrop Grumman has asked the Ninth Circuit to keep a proposed ERISA class action in U.S. District Judge Otis D. Wright II's courtroom, arguing it would be inappropriate to accept the retirees' bid to move the case before a different judge after two appellate court panels overturned Judge Wright's previous dismissals in the matter.
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June 04, 2024
Tax Law Firm Can't Kick Ex-Clients' Class Suit To Arbitration
Former clients of a Florida-based tax law firm who live in Wisconsin can move forward with their proposed class action accusing the firm of malpractice and charging illegal fees, a Wisconsin federal judge ruled Tuesday, rejecting the firm's requests to toss the suit or move it to arbitration.
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June 04, 2024
Netflix Settles Central Park 5 Defamation Case Ahead Of Trial
Netflix has settled a lawsuit alleging one of its docuseries defamed a Manhattan prosecutor who was involved in the Central Park Five case, agreeing Tuesday to donate $1 million to a nonprofit dedicated to preventing wrongful convictions.
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June 04, 2024
Garland Defends DOJ Integrity, Demurs On Justices' Ethics
Attorney General Merrick Garland on Tuesday defended the Department of Justice's independence, deflecting questions about ethics scandals at the U.S. Supreme Court and rejecting Donald Trump's "conspiracy theory" that federal prosecutors were the real force behind his recent conviction.
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June 04, 2024
County Says Exec Can't Pin Firing On Lawyer Bashing
A fired county executive's letter calling the county's legal counsel incompetent was sent as part of his official job duties, a Michigan county said Monday, arguing that the comments were not protected speech and can't give rise to a retaliation claim.
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June 04, 2024
Jury Still Deadlocked Over Carhartt Atty's Embezzlement Trial
A Detroit-area jury remained deadlocked Tuesday as it deliberated for the second day on embezzlement charges against a Michigan attorney who is accused of stealing millions from Carhartt heiress Gretchen Valade when he was trustee of her irrevocable trust.
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June 04, 2024
Clinton Says Dismissal Of Trump's RICO Suit Was Warranted
Hillary Clinton and members of the Democratic National Committee urged the Eleventh Circuit not to revive Donald Trump's suit alleging they conspired to push false claims of Russian election interference in 2016, arguing that the dismissal and resulting sanctions for pursuing the frivolous suit should be kept in place.
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June 04, 2024
Liberty Mutual Wants NJ Judge Removed From Accident Case
Liberty Mutual urged a New Jersey federal judge to recuse himself from a construction accident coverage case Monday arguing that he failed to disclose at the beginning of litigation that he holds multiple policies with the insurer dating back to 1980 and was previously investigated over a missing jewelry claim.
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June 04, 2024
Aircraft Engine Co. Aims To Sink Suit Of Its Former Attorney
An aircraft engine manufacturer sued by its former attorney over what she said was a malicious lawsuit against her for leaving to represent plaintiffs suing the company has asked a federal judge to toss her Dragonetti Act case.
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June 04, 2024
Paxton Asks Texas Justices To End Bar's Political 'Lawfare'
The Texas bar's ethics lawsuit against Attorney General Ken Paxton over his challenge to the 2020 presidential election violates the state constitution's separation of powers and is barred by sovereign immunity, Paxton told the state Supreme Court on Tuesday, calling the case "politically motivated lawfare" in an announcement.
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June 04, 2024
Mondelez, BCLP Must Face Negligence Claims Over 2023 Breach
An Illinois federal judge has trimmed the majority of claims in proposed data privacy class actions brought by Mondelez workers against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach, although the company and law firm couldn't shake the cases entirely.
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June 04, 2024
Buchanan Ingersoll Denies Deceit Over Harrisburg Incinerator
Buchanan Ingersoll & Rooney PC didn't give Harrisburg, Pennsylvania, bad advice when it set up a debt deal that allowed construction to continue on a controversial incinerator project that sent the state capital into financial distress, an attorney for the firm told the Pennsylvania Commonwealth Court on Tuesday.
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June 04, 2024
Baldwin Prosecutors Seek Immunity For Armorer's Testimony
New Mexico state prosecutors asked a judge Monday to grant immunity to a convicted "Rust" film armorer in a bid to compel her to take the stand during actor-producer Alec Baldwin's upcoming involuntary manslaughter trial in the on-set shooting death of a cinematographer.
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June 04, 2024
Houston IP Firm Settles Trade Secrets Case With Ex-Law Clerk
Houston-based intellectual property law firm Lloyd & Mousilli PLLC and a former law clerk accused of stealing confidential information while working virtually from California reached a settlement in a lawsuit brought by the firm in a Texas federal court.
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June 03, 2024
Colo. Defendants Must Show Real Need To Make DAs Testify
The Colorado Supreme Court on Monday ruled that criminal defendants must have a "compelling and legitimate need" for forcing their prosecutor to testify, concluding that a trial court judge in Boulder County was wrong to force such testimony in an assault case.
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June 03, 2024
5th Circ. Mulls Acts Vs. Belief In Anti-Abortion Worker's Firing
The Fifth Circuit on Monday seemed torn over whether it should "split hairs" between religious conduct and religious belief as it weighed whether to uphold a Southwest flight attendant's win in a wrongful termination suit over graphic anti-abortion messages she sent her union president.
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June 03, 2024
No Sanctions For 'Fraudulent' Signatures In 3M Earplug MDL
A Florida federal judge has decided against sanctioning two law firms that signed documents in place of their clients but chastised their lawyers' "obviously improper" act, which could have cut their clients out of their share of the $6 billion settlement in the 3M combat earplugs multidistrict litigation.
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June 03, 2024
Burford-Sysco Plaintiff Swap Stays Nixed In Price-Fixing Case
A Minnesota federal judge refused Monday to let a unit of legal investment firm Burford Capital substitute for Sysco Corp. as plaintiff in sprawling price-fixing lawsuits against pork and beef producers, agreeing with a magistrate judge's conclusions that allowing a litigation funder to dictate antitrust settlements "could have a detrimental impact."
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June 03, 2024
NY 'No-Fault' Insurance Fraudster Gets 10 Years
A federal judge on Monday sentenced the ringleader of an insurance fraud scheme to the maximum term of 10 years in prison for what prosecutors say was a bribery-fueled, 14-year, $60 million scam that exploited New York's no-fault laws.
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June 03, 2024
Surgeons Denied Early Exit From GEICO's Bogus Injury Suit
A pair of orthopedic surgeons can't escape GEICO's lawsuit claiming they conspired with a personal injury attorney to file inflated insurance claims for car accident victims based on bogus medical documents, a North Carolina federal judge ruled Monday.
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June 03, 2024
Drug Cos. Can Depose DC AG In Drug Price-Fixing Row
A Connecticut federal judge reluctantly ordered the District of Columbia Attorney General's Office to be deposed by the drug companies wrapped up in more than 40 states' claims over an alleged price-fixing conspiracy, noting that he would not have done so but for the case being remanded from a sprawling multidistrict litigation in Pennsylvania.
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June 03, 2024
Chicago Restaurant Biz Can Fix Testimony Without Sanctions
A Cook County judge on Monday refused to order the management group behind celebrated Chicago eatery Maple & Ash to produce thousands of documents that it claims are subject to attorney-client privilege as a sanction for misstating when an engagement letter was signed in sworn testimony, saying the issue was concerning but deeming the relief sought inappropriate.
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June 03, 2024
Trump's NY Gag Orders Likely Lifted With Verdict
Despite claims by former President Donald Trump that he is still limited in what he can say about jurors and witnesses following his guilty verdict, the gag orders imposed on him likely evaporated at the end of the Manhattan trial, lifting a threat of further contempt if he goes on the attack ahead of his sentencing this summer.
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June 03, 2024
4 Mass. Rulings You Might Have Missed In May
Massachusetts state court judges rejected a law firm's effort to fight malpractice claims by pointing the finger at a Rhode Island judge, and ruled that an online booking platform can boot the owner of Bali vacation villas from its site, among other under-the-radar decisions handed down in May.
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June 03, 2024
Title Insurer Says Ga. Firm Must Repay $158K For Deed Error
A title insurance company said a Georgia law firm must reimburse it $158,000 for negligently issuing a title insurance policy on a real estate closing, telling a Georgia federal court that it is entitled to contractual and common law indemnity for its losses.
Expert Analysis
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4 PR Pointers When Your Case Is In The News
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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Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb
A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.