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Legal Ethics
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March 26, 2024
Trump Hit With Gag Order In NY Criminal Trial After Threats
The New York judge overseeing Donald Trump's hush money case on Tuesday imposed a limited gag order on the former president, barring him from speaking publicly about jurors or witnesses and limiting what he can say about any attorneys in the case, prosecutors, court staff or their families.
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March 26, 2024
Men Let Off $114M Fraud Fight Feds Dismissal Pause
A group of men who a Texas judge recently let off federal criminal charges of illegally manipulating stock prices has urged the court to reject prosecutors' attempt to pause dismissal of the case, arguing there is no justification for the move.
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March 26, 2024
Girardi Fraud Trial Moved To Aug. 6
A California federal judge has agreed to postpone disgraced California plaintiffs attorney Tom Girardi's trial to Aug. 6, setting the proceedings to begin 16 months later than originally required at the outset of the case.
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March 26, 2024
Golf Pro Out Of Bounds In Atty Fee Stay Bid, 11th Circ. Told
Media companies have urged the Eleventh Circuit to reject pro golfer Patrick Reed's bid to block their award of attorney fees after defeating the player's defamation suit alleging that journalists' criticism of his recruitment to the Saudi-backed LIV Tour hurt his health and career.
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March 26, 2024
NY Lawyer Disbarred As Result Of $1.2M Theft Conviction
A New York appeals court on Tuesday disbarred former Gordon & Silber partner Arthur Cohen, who was sentenced to prison in October for siphoning about $1.2 million from the now-defunct law firm.
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March 26, 2024
Ex-CLO Must Arbitrate Firing Suit Against Gambling Co. GAN
Online gaming and sports betting company GAN Ltd. has won its bid in California federal court to force its former chief legal officer into arbitration over claims in his wrongful firing complaint alleging his termination was motivated in part by his whistleblowing and objections to a hostile work environment.
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March 26, 2024
Fox Rothschild Wants Gag Order To Silence Atty's 'Bombast'
Fox Rothschild LLP has doubled down on its request for a gag order against an attorney pursuing a malpractice suit against the firm over allegedly mishandled immigration work, telling a New Jersey federal court that the attorney's "bombast and recklessness needs to end."
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March 26, 2024
Ailing Health Co. Steward Owes Attys $600K, Firm Says
A small Boston law firm that represented Steward Health Care System in a variety of cases says the beleaguered healthcare provider has strung it along with promises to pay fees that now total more than $600,000.
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March 26, 2024
Ex-DOJ Official Clark's Atty Discipline Hearing Begins In DC
D.C. Bar authorities told a Washington, D.C., ethics panel on Tuesday that former U.S. Department of Justice official Jeffrey Clark attempted to leverage the DOJ to overturn the 2020 presidential election based on a lie, while Clark's attorney denounced the ethics charges against his client as "absurd."
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March 26, 2024
Wells Fargo Denies Liability Over Texas Atty's Fraud Scheme
Arguing a San Antonio lawyer's widespread fraud scheme predated his relationship with the bank, Wells Fargo has asked a Texas federal judge to trim a suit launched by the attorney's former clients, who accused the bank of enabling the scheme that landed the attorney behind bars for 50 years.
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March 26, 2024
Paxton Cuts Deal To End Decadelong Securities Fraud Case
Texas Attorney General Ken Paxton has cut a deal with state prosecutors to end a securities fraud case against him that has stretched nearly a decade, attorneys told a Houston court Tuesday.
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March 25, 2024
J&J Exec 'Shocked' Over Atty's Ties With Talc Plaintiffs
Johnson & Johnson's vice president of litigation said on Monday he was "utterly shocked and appalled" upon learning an attorney who served as the company's outside counsel was working with its adversary Beasley Allen Law Firm and one of its attorneys in litigation over the alleged link between the company's talcum powder products and ovarian cancer.
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March 25, 2024
Backstabbing 'Just How Law Firms Work': Sedgwick Judge
A California federal judge told counsel during bench trial openings Monday that the Sedgwick LLP trustee's bid to claw back $1.1 million from two ex-partners isn't a "blame game," and "partners stab each other in the back every day and move on to the next one" — "it's just how law firms work."
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March 25, 2024
GOP Reps. Re-Up Demand For Biden Classified Docs Info
Two top Republicans sent a letter to Attorney General Merrick Garland on Monday threatening to possibly hold him in contempt of Congress if he doesn't answer their subpoena for materials related to the special counsel's investigation of President Joe Biden's handling of classified documents.
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March 25, 2024
Ill. Atty Fights To Keep Reinstatement Dispute In DC Court
An Illinois attorney argued Monday that her lawsuit challenging the U.S. Department of Justice and its immigration component's refusal to reinstate her practice before federal immigration courts belongs in D.C. federal court, where the DOJ is based, not Virginia.
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March 25, 2024
Sunday Ticket Plaintiffs Rip NFL For 'Privileged' Name Games
The plaintiffs in the antitrust class action against the NFL over its Sunday Ticket broadcast package have accused the league of hiding behind a front-office executive, with an inaccurate job title, to claim that vital documents were privileged and did not need to be disclosed.
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March 25, 2024
Atty Can Drop Alleged Schemer Who Didn't Pay For 2 Years
A man accused of being the mastermind behind a $2 million cannabis crowdfunding scheme must find a new lawyer after stiffing his previous counsel for nearly two years, a Michigan federal judge said Monday.
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March 25, 2024
NC Judge Agrees To Suspension After Lying For Jailed Son
A North Carolina judge has agreed to a 120-day suspension for a "pattern of problematic conduct" that included lying to a magistrate in an attempt to spring her son from jail and for closing a courtroom without permission, according to state Supreme Court order.
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March 25, 2024
Pool Co. Objects To Rival Counsel's Exit After $15M Verdict
A swimming pool equipment supply company that won a $15 million verdict against a competitor in North Carolina federal court is now attempting to block the rival's counsel from leaving the case, saying the company may use the loss of its attorneys as justification for delaying final judgment.
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March 25, 2024
LA Firm Can't Beat Damages For Leaving Criminal Case
A California appeals court on Friday ruled that a Los Angeles law firm cannot escape breach-of-contract damages for withdrawing from an attempted murder case, but also said its former client isn't entitled to a larger award.
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March 25, 2024
Atty Urges 11th Circ. To Revive Race Bias Suit Against Ga. Bar
A Georgia attorney who is accusing the state bar of having an "apartheid disciplinary process" that discriminates against Black lawyers asked the Eleventh Circuit on Monday to revive her discrimination suit, saying the lower court erred when it found it didn't have jurisdiction in the case.
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March 25, 2024
3rd Circ. Won't Rethink AbbVie Privilege Ruling
The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.
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March 25, 2024
Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.
A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.
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March 25, 2024
Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit
Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.
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March 25, 2024
Jackson Walker Dismissal Bid Says Atty Lied About Romance
A former Jackson Walker LLP partner at the center of an ethics scandal over her relationship with a then-Texas bankruptcy judge was dishonest when questioned about the romance, the firm said Friday in seeking to escape a federal racketeering lawsuit.
Expert Analysis
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Ethics Lessons From Outside Counsel Plotline In 'Succession'
A Season 3 storyline from “Succession,” featuring an outside counsel's ham-handed missteps, provides ethics lessons for white collar defense lawyers, especially in light of the U.S. Department of Justice’s recent corporate enforcement policy shifts, says Megan McDermott at the University of Wisconsin.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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How The Circuit Split Over CFPB Funding May Play Out
The Second Circuit created a circuit split last month when it found that the Consumer Financial Protection Bureau's funding structure doesn't violate the U.S. Constitution and clashed with the Fifth Circuit's holding that the CFPB itself is unconstitutional, but the U.S. Supreme Court may find a middle ground, say Andrew Braunstein and Casey Howard at Locke Lord.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.