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Legal Ethics
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April 29, 2024
Venezuela Says It Has Proof Of Special Master Improprieties
Venezuela has asked a Delaware federal judge to disqualify the special master overseeing the sale of Citgo Petroleum Corp.'s parent company to repay billions of dollars in Venezuelan debt, saying it now has proof he engaged in improper advocacy before the Biden administration.
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April 29, 2024
Turkey Cos. Seek Swift Appeal Of Burford's Ability To Sue
Some of the country's largest turkey producers have asked an Illinois federal court for permission to immediately appeal a March ruling that allows a Burford Capital investment unit to pursue price-fixing allegations against them, arguing the Seventh Circuit should weigh in on whether the investor is permitted to bring such a claim.
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April 29, 2024
Feds Accused Of 'Outrageous' Misconduct In Ozy Media Case
Ozy Media and the defunct startup's founder want a New York federal judge to toss a criminal fraud case against them, accusing the government of prosecutorial misconduct and violating attorney-client privilege protections.
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April 26, 2024
Law360 Reveals Titans Of The Plaintiffs Bar
In the past year, plaintiffs have won settlements and judgments for millions and billions of dollars from companies such as Wells Fargo, Goldman Sachs, Facebook and Fox News, with many high-profile cases finally wrapping up after years of fighting. Such cases — involving over-the-top compensation packages, chemical contamination, gender discrimination and data mining — were led by attorneys whose accomplishments earned them recognition as Law360's Titans of the Plaintiffs Bar for 2024.
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April 26, 2024
Trump Casts Tabloid Deal As 'Standard Operating Procedure'
Donald Trump's attorneys tried to undermine Manhattan prosecutors' lead witness in his criminal trial on Friday, casting his deal to boost his presidency with the help of a friendly tabloid baron as nothing more than a savvy business relationship that was perfectly legal.
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April 26, 2024
L'Occitane's Claim Zimmerman Reed Weaponized Law Tossed
A California federal judge has thrown out L'Occitane's allegations that Zimmerman Reed LLP and thousands of clients conspired to "weaponize" a California wiretapping law against the luxury retailer, while chastising both sides' counsel in a footnote for their "overwrought, unjustified and misguided" arguments during litigation.
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April 26, 2024
Wash. Judge To Resign, Denies Domestic Abuse Allegations
A Washington state superior court judge announced he will resign next month after the state judicial conduct commission accused him last fall of domestic abuse against his ex-wife and a court clerk, saying the commission has pressured him to admit to wrongdoing that never happened.
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April 26, 2024
Confusion Over Law Led To Doc Fight, Astroworld Judge Says
A special master appointed to the civil litigation stemming from the deadly 2021 Astroworld festival told attorneys Friday that a "good faith misunderstanding" of criminal statutes has likely led to several discovery disputes, encouraging the parties to try to come to an agreement about what portion of the Houston Police Department's investigative file on the tragedy is discoverable.
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April 26, 2024
Texas Justices Rule Trial Court Must Admit Out-Of-State Attys
An El Paso court that barred two out-of-state attorneys from appearing pro hac vice because they seemed to have signed a filing prior to being admitted must let the lawyers into the case, the state high court ruled Friday, finding the trial court abused its discretion in blocking them.
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April 26, 2024
50 Cent's GC Beats Wiretap Claim In Liquor Feud, For Now
A Manhattan judge on Friday threw out a claim that the general counsel for rapper Curtis "50 Cent" Jackson illegally recorded a former Beam Suntory Inc. sales contractor during an embezzlement investigation, but allowed the consultant to revise his pleading.
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April 26, 2024
Latham, Akin Beat NJ Suit Over Alleged IP Theft Scheme
A New Jersey federal court on Friday tossed a lawsuit claiming attorneys from Latham & Watkins LLP and Akin Gump Strauss Hauer & Feld LLP manipulated patent litigation to steal a former Cornell University graduate student's DNA sequencing intellectual property, calling that graduate student's claims "conspiracy theories."
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April 26, 2024
Coverage Recap: Day 4 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day four.
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April 26, 2024
11th Circ. Finds No Anti-Black Juror Bias In Murder Trial
The Eleventh Circuit has denied a new trial to a Mexican man arguing prosecutors used all but one of their peremptory strikes to exclude potential jurors who were Black or Hispanic at the trial in Georgia where he was sentenced to life in prison for murdering a whistleblower connected to his work.
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April 26, 2024
Ex-NY Court Atty Slapped With Fine After Misconduct Verdict
A Manhattan judge hit a former appeals court attorney with a $55,000 fine Friday after a jury found that she unlawfully used her position to help her husband and his law firm earn that same amount from a well-heeled client.
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April 26, 2024
Locke Lord Strikes $12M Deal To End Claims Over Gas Fraud
Locke Lord LLP will likely pony up $12.5 million to settle claims it stood by as its clients carried out a fraudulent $122 million oil and gas scheme, with a Texas federal magistrate judge recommending approval of the settlement at a hearing in Fort Worth.
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April 26, 2024
Senators Urge ABA To Look Into Rape Questions On Bar Apps
Several members of the Senate Judiciary Committee wrote to the American Bar Association on Friday urging it to study how state bar applications require would-be attorneys to disclose sexual violence.
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April 26, 2024
NJ Judicial Info Law Dodges Free Speech Challenge, For Now
A New Jersey law intended to protect the personal information of judges, prosecutors and police officers could be headed to the state Supreme Court after an appellate panel ruled Friday that it does not unconstitutionally violate the free speech rights of a local journalist.
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April 26, 2024
NH Atty Disbarred After Failed Try At Creating False Evidence
The New Hampshire Supreme Court has ordered the disbarment of an attorney who created false documents and later destroyed evidence in a years-long attempt to duck disciplinary proceedings over his alleged mishandling of client funds.
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April 26, 2024
Mass. Justices Dash Deported Man's Hope For Remote Retrial
Massachusetts' high court ruled Friday that a man deported to the Dominican Republic cannot appear remotely for his retrial on charges that the justices previously vacated, citing court rules.
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April 26, 2024
Ex-Moody's GC Cops To Tax-Filing Fail On $54M Paycheck
The former general counsel for Moody's Corp. has pled guilty to willfully failing to file federal income tax returns for four years in which he collected $54 million in income, federal prosecutors announced Friday.
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April 25, 2024
Atty Sued For Malpractice Can't Rep His Firm, Ex-Client Says
A Seattle real estate broker suing her former attorney for allegedly botching arbitration proceedings has told a Washington state judge that that attorney can't both be a defendant and represent his firm in their counterclaims for unpaid fees.
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April 25, 2024
Calif. AG Charges A Top LA Prosecutor Over Cop File Access
California Attorney General Rob Bonta has unveiled criminal charges accusing a top Los Angeles County District Attorney's Office prosecutor and adviser to DA George Gascón of illegally accessing nearly a dozen confidential sheriff's deputy files in 2021.
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April 25, 2024
Stryker Says Sanctions Bid Goes 'Galaxies Beyond' Law
Medical device maker Stryker urged a Colorado federal judge to reject an ex-distributor's latest request for sanctions, arguing in a brief that the distributor's $2.2 million bid goes "galaxies beyond" what it asked for at trial and what the Tenth Circuit said the court could entertain.
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April 25, 2024
Objector Takes $125M PACER Overcharge Deal To Fed. Circ.
An objector to a $125 million deal resolving class action claims that the federal judiciary overcharges users of its PACER court records system is taking his challenge to the settlement to the Federal Circuit.
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April 25, 2024
Ex-Tabloid CEO Says Trump Was Furious When Affair News Hit
Former American Media Inc. CEO and National Enquirer publisher David Pecker told a New York jury on Thursday that he paid off Playboy model Karen McDougal to keep her from going public about an affair with Donald Trump, who became enraged when news of the affair surfaced just days before the 2016 election.
Expert Analysis
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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The Crucial Privilege Exception At Play In Trump Indictment
Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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What To Know About Recent Trends In PTAB Sanctions
Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.