Legal Ethics

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    Defamation Litigation Roundup: Epstein, Macron, Lindell

    In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.

  • August 01, 2025

    NJ Court Will Mull Legality Of Habba's US Atty Appointment

    If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.

  • August 01, 2025

    Investors Fight Sanctions Over Telecom Arbitration Dispute

    Minority shareholders in telecommunications infrastructure firm Continental Towers LATAM Holding say they are not the ones stopping an arbitral award from being enforced, and have tried to comply with the court's orders but are "caught in the cross-hairs of a personal vendetta."

  • August 01, 2025

    Conn. Firm Seeks Pause Amid Firm Breakup Arbitration

    In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.

  • August 01, 2025

    Mass. Judge Can't Dismiss Assault Case Via Sanction

    A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.

  • August 01, 2025

    Atty Seeks To End Malpractice Suit Over SEC Fraud Case

    A New York lawyer is seeking a quick win on malpractice claims brought in Florida federal court by a former client who says she improperly advised him to sign a consent decree with the U.S. Securities and Exchange Commission that resulted in a $12.1 million disgorgement judgment, arguing the client's subsequent guilty plea defeats the claims.

  • August 01, 2025

    NY Law Mandating Judicial Fine Declared Unconstitutional

    A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.

  • August 01, 2025

    Politics And Privacy Laws Collide 5 Years After Salas Shooting

    Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.

  • August 01, 2025

    NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings

    An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.

  • August 01, 2025

    OptumRx Moves To DQ Motley Rice In Utah Opioid Case

    Pharmacy benefit manager OptumRx has moved to disqualify Motley Rice LLC from representing the state of Utah in an opioid crisis lawsuit, claiming the firm clearly violated ethical rules by investigating OptumRx on behalf of government entities, then suing OptumRx in a private capacity.

  • August 01, 2025

    Firms Say Lien Discharge Row Was Not Vexatious Litigation

    The law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP told a Connecticut state court they should not have to face a lawsuit from a couple who claim they misused the judicial system to delay payouts from a property owner, arguing that the complaint does not sufficiently allege they engaged in vexatious litigation.

  • August 01, 2025

    DC Panel Calls For Former DOJ Official Clark's Disbarment

    The majority of a Washington, D.C., lawyer ethics panel has called for the disbarment of Jeffrey Clark, a White House official and ally of President Donald Trump, over his efforts to overturn the 2020 presidential election.

  • August 01, 2025

    Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1

    A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.

  • August 01, 2025

    Judge Denies Memphis Bid To Sanction Tyre Nichols' Lawyers

    A Tennessee federal judge has decided not to issue sanctions against high-profile civil rights lawyers Ben Crump and Antonio Romanucci over a press release that claimed a civil lawsuit against the city over the police beating death of Tyre Nichols would not bankrupt the Memphis government because the city's insurance would foot the bill.

  • July 31, 2025

    3 DOJ Attys Face Bar Complaints Over CFPB Representation

    A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.

  • July 31, 2025

    'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict

    A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.

  • July 31, 2025

    Tyson Says Interference Claim 'Lays Bare' Burford's Greed

    Tyson Foods urged an Illinois federal judge on Thursday to reject Burford Capital's bid to ditch allegations that the litigation funder improperly thwarted a near-final price-fixing settlement with Sysco Corp., arguing the counterclaim "lays bare" Burford's systematic effort to obtain a greater investment return.

  • July 31, 2025

    4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row

    A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.

  • July 31, 2025

    Wis. Judge Pushes For Immunity In ICE Arrest Case

    A Wisconsin state judge is pushing for the dismissal of criminal charges alleging she hindered an immigration enforcement arrest, reiterating her argument that she has immunity against what she called the "overreaching federal prosecution of a state court judge for acts within her official duties."

  • July 31, 2025

    ABA Seeks To Toss Race Bias Suit Over Scholarship Program

    The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"

  • July 31, 2025

    8th Circ. Says Firm's Conspiracy Suit Wrongly Tossed

    The Eighth Circuit on Thursday revived a law firm's suit alleging that the defendants in a wrongful death suit conspired to have the firm withdraw from that suit after raising false accusations, saying the trial court "took a trip back in time" to an older interpretation of court doctrine.

  • July 31, 2025

    1st Circ. Denies Marathon Bomber's Bid To DQ Trial Judge

    The First Circuit on Thursday denied a request by convicted Boston Marathon bomber Dzhokhar Tsarnaev to have the judge who presided over his 2015 trial removed from conducting a probe into whether some of the jurors who sentenced him to death were biased.

  • July 31, 2025

    Conn. Atty Pins Failed Redaction On Tech In Gunmaker Suit

    A third party's ability to bypass redactions and view protected documents was due to a software issue, a Connecticut civil litigator has told a federal judge, urging the court not to authorize sanctions for what he said was a "good faith" effort at redacting filings amid his dueling lawsuits with gunmaker Sig Sauer.

Expert Analysis

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • Atty Insurance Implications Of Rising Nonclient Cyber Claims

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    As law firms are increasingly targeted in cyberattacks, claims by clients as well as nonclients against lawyers are also on the rise, increasing the scope of exposure that attorneys face in their practice, say attorneys at Wilson Elser.

  • Why Attys Should Get Familiar With Quantum Computing

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    Quantum computing is projected to pose significant updates to current practices in cryptography, making the issue relevant to policymakers and the legal profession generally, particularly when it comes to data storage, privacy regulations and pharmaceutical industry market changes, say professors at the University of San Francisco.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

  • Legal Ethics Considerations For Law Firm Pro Bono Deals

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    If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.

  • Series

    Playing Football Made Me A Better Lawyer

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    While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.

  • 10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks

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    The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • 10 Soft Skills Every GC Should Master

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    As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

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