Legal Ethics

  • June 11, 2025

    Houston Atty Says Rival's Client Files Aren't Trade Secrets

    A Houston attorney accused of stealing another lawyer's files in an attempt to recruit clients to file malpractice suits told a Texas appellate court that his rival "misrepresents facts to support his false narrative" that the information constituted trade secrets.

  • June 11, 2025

    Atty Wants 6th Circ. To Vacate Tenn. 'Gag Order' Rule Decision

    If the Sixth Circuit does not undo a decision that a Nashville attorney didn't have standing to challenge a since-rescinded Middle District of Tennessee rule concerning lawyers' "extrajudicial statements," it could "be all but impossible" for lawyers to challenge similar court rules in the future, the attorney said Wednesday.

  • June 11, 2025

    JC Penney Blasts Jackson Walker Bid To Escape Fee Dispute

    J.C. Penney has called on a Texas bankruptcy court to knock down Jackson Walker LLP's bid to escape a fee suit prompted by a yearslong secret romance between a former firm partner and a onetime bankruptcy judge, saying the firm's dismissal bid is "riddled with implausibility, excuse and contradiction."

  • June 11, 2025

    Trump Presses 2nd Circ. To Federalize Hush Money Appeal

    Counsel for President Donald Trump on Wednesday urged the Second Circuit to take over the appeal of his New York state hush money conviction post-trial, saying a federal judge in Manhattan wrongly denied removal, and the landscape has now changed in light of the U.S. Supreme Court's landmark presidential immunity decision.

  • June 11, 2025

    Insurer Says Law Firm Mishandled Pesticide Exposure Suit

    An insurer is claiming it is owed at least $625,000 from a law firm hired to defend a poultry farm against a suit over toxic pesticide exposure, alleging in federal court that it was forced to settle the suit above policy limits due to the firm's negligence and malpractice.

  • June 11, 2025

    J&J's Beasley Allen DQ Bid Based On 'Innuendo,' Court Told

    A California couple ripped Johnson & Johnson's renewed bid to block two Beasley Allen Law Firm attorneys from representing them in their suit accusing the company of selling carcinogenic talc-based baby powder, arguing the company's opposition is based largely on "innuendo" rather than proof of misconduct by the lawyers.

  • June 10, 2025

    Judiciary Panel Advances New Rules On Amici, AI, Subpoenas

    The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.

  • June 10, 2025

    Vertex Says Tax Software Rival Purposely Destroyed Evidence

    Tax compliance software company Vertex Inc. told a Pennsylvania federal judge Monday that Avalara intentionally destroyed and failed to preserve "key sources of electronically stored information crucially relevant" to Vertex's lawsuit accusing its rival of poaching workers to steal trade secrets.

  • June 10, 2025

    House Conservatives Push Senate To 'Rein In' Judges

    House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.

  • June 10, 2025

    GM To Drop 'Cockamamie' Fiat Foreign Account Claims

    A Michigan judge indicated Tuesday that he would let General Motors withdraw allegations that Fiat Chrysler held foreign bank accounts in a union bribery scheme suit, and said he'd leave the determination of whether the automaker should be sanctioned for not sharing its evidence supporting those claims for another day. 

  • June 10, 2025

    Wash. Justices Unsure About State Bar's Atty Suspension Bid

    The Washington Supreme Court seemed split Tuesday on a request from the state bar association to suspend an attorney for failing to cooperate with a misconduct investigation, with several justices flagging the "different story" shared by the respondent lawyer, who claims to have provided all requested information.

  • June 10, 2025

    Farella Braun Wins Partial Fee Award In FDIC Dispute

    A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.

  • June 10, 2025

    Willkie Partner Wants To 'Chill' Media Contact, Conn. Atty Says

    A Willkie Farr & Gallagher LLP partner and his wife are pursuing a federal lawsuit based on speculative allegations and trying to "chill" the First Amendment rights of a Connecticut attorney who represented their ex-landlord and leaked a story about them to the New York Post, the defendant is arguing in seeking judgment in his favor.

  • June 10, 2025

    3rd Circ. Upholds NFL Case Findings On Censured Atty

    The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.

  • June 10, 2025

    Clerk's Role Means Antitrust Judge Must Recuse, Court Told

    Pork producer defendants involved in a major pork price-fixing case continue to push for the recusal of a Minnesota federal judge because of his clerk's connections to plaintiff-side firms, arguing the plaintiffs are running from "indisputable facts."

  • June 10, 2025

    Fla. Atty Faces NY, Conn. Discipline For Client Theft Charges

    A Florida attorney who was disbarred in the Sunshine State last year and later charged with wire fraud and money laundering amid his handling of an estate matter has been disbarred in New York and now faces reciprocal discipline in Connecticut.

  • June 10, 2025

    Ex-GC Accused Of Stealing IP Amid Ownership Stake Dispute

    E-commerce company Storehouse In A Box sued its former general counsel and chief operating officer in Michigan federal court Monday, alleging he misappropriated trade secrets and confidential information, while also engaging in outside ventures that conflicted with his duties, after a dispute arose over his ownership claim in the business.

  • June 10, 2025

    Judge Warns Attys Over Candor In Grubhub-Kroger TM Row

    An Illinois federal judge on Monday admonished defense counsel in ongoing trademark litigation between Grubhub Inc. and The Kroger Co. after finding discrepancies in the Kroger attorney's representations of information Grubhub provided in a discovery response, reminding all lawyers involved of their duty of candor and adherence to professional conduct rules.

  • June 10, 2025

    Ex-Conn. Attorney Sues AG Bondi To Restore Gun Rights

    A Connecticut attorney who served prison time for a tax offense has sued federal and state officials to demand the restoration of his right to possess firearms and ammunition, arguing that the prohibition on that right is unconstitutional as applied to him.

  • June 10, 2025

    Wis. Judge Can't Wield Immunity For Obstructing ICE, DOJ Says

    The U.S. Department of Justice has urged a Wisconsin federal judge to reject a state court judge's argument that judicial immunity blocks her prosecution for allegedly obstructing an ICE arrest at a Milwaukee courthouse, saying that while judges may be immune from civil liability for official acts, they are not shielded from prosecution for supposedly criminal conduct.

  • June 09, 2025

    2nd Circ. Affirms Dechert's Victory Over Hacking Suit

    The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.

  • June 09, 2025

    COVID Funds Bribery Scheme Gets Ex-Calif. Official 5 Years

    A former member of the Orange County Board of Supervisors was sentenced to five years in prison Monday in California federal court after admitting to steering $10 million worth of COVID-19 relief funds to a nonprofit linked to his daughter, in return for more than $500,000 in bribes. 

  • June 09, 2025

    Judge Denies Obstructing ICE As Disciplinary Hearing Begins

    An attorney for a Massachusetts state judge, who was accused of plotting to let a man wanted by immigration agents escape out of a back door of a courthouse in 2018, said at the start of a disciplinary inquiry Monday that the judge did not know about the plan, pointing the finger at the wanted man's lawyer.

  • June 09, 2025

    'No Question' DuPont Polluted Delaware River, NJ Court Told

    New Jersey told a federal judge on Monday that it was clear E.I. du Pont de Nemours discharged "forever chemicals" into the Delaware River, wrapping up the majority of a first-of-its-kind series of bench trials over whether the company is liable for contamination at a longstanding manufacturing facility.

  • June 09, 2025

    Madigan Denied Acquittal, New Trial Ahead Of Sentencing

    An Illinois federal judge on Monday denied former Illinois House Speaker Michael Madigan's bid for acquittal or a new trial, clearing the way for him to be sentenced for bribery, wire fraud and conspiracy later this week.

Expert Analysis

  • What Lawyers Can Learn From High School AI Suit

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    A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.

  • Service Providers Must Mitigate 'Secondary Target' Risks

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    A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.

  • Series

    Flying Makes Me A Better Lawyer

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    Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.

  • Mitigating Defamation Liability Risks Of AI-Generated Content

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    Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.

  • Series

    Circus Arts Make Me A Better Lawyer

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    Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.

  • When Investigating An Adversary, Be Wary Of Forged Records

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    Warnings against the use of investigators who tout their ability to find an adversary’s private documents generally emphasize the risk of illegal activity and attorney discipline, but a string of recent cases shows an additional danger — investigators might be fabricating records altogether, says Brian Asher at Asher Research.

  • 3 Ways To Train Junior Lawyers In 30 Minutes Or Less

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    Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.

  • Opinion

    Why States Should Adopt ABA's 'Duty To Inquire'

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    State bars should codify the American Bar Association's proposed rule on a lawyer's duty to scrutinize each representation as it provides guardrails for lawyers, supports self-regulation of the profession, and helps avert money laundering and other crimes, says Deborah Winokur at Cozen O'Connor.

  • The Bar Needs More Clarity On The Discovery Objection Rule

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    Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.

  • Trump Faces Uphill Battle If He Tries To Target Prosecutors

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    On the campaign trail, President-elect Donald Trump promised to go after the state and federal prosecutors who had investigated and prosecuted him, but few criminal statutes would be applicable — to say nothing of the evidence required to substantiate any charges against prosecutors, says William Johnston at Bird Marella.

  • Series

    Being A Navy Reservist Makes Me A Better Lawyer

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    Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

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