Legal Ethics

  • December 05, 2019

    ICE Defends Authority To Make Arrests At Courthouses

    U.S. Immigration and Customs Enforcement hit back at a lawsuit challenging its arrests of unauthorized immigrants in and around New York courthouses, saying that officers have discretion to make arrests at any public location.

  • December 05, 2019

    DOJ Asks Fed. Circ. To Scrap Dentons' $7M Fee Award

    The U.S. Department of Justice is asking the Federal Circuit to wipe out $7.4 million in attorney fees secured by Dentons in a lawsuit accusing the Navy of infringing a company’s patents in a combat ship, saying the lower court went “too far” in its analysis.

  • December 05, 2019

    Pa. Judge Says Old Bill To Firm's Partner Doesn't Create Bias

    A Pennsylvania state court judge overseeing class action cases in Allegheny County said Thursday that a decades-old legal bill from his days as an attorney didn’t bias him against his former client’s law firm of Carlson Lynch, which has brought numerous class actions in state and federal courts.

  • December 05, 2019

    Ex-Eastburn & Gray Atty Suspended 5 Years For Bribery Case

    A former Eastburn & Gray PC attorney who turned government witness after being linked to bribery allegations involving a Philadelphia-area magistrate judge has been suspended from the bar for five years in an order inked by the Pennsylvania Supreme Court.

  • December 05, 2019

    Ex-Jones Day Attys Seek Green Light For Sex Bias Class

    Six ex-Jones Day attorneys accusing the BigLaw powerhouse of underpaying female associates have urged a Washington, D.C., federal judge to let their suit move forward as a collective action, saying they've shown the firm's opaque pay decisions hurt a class of female lawyers.

  • December 04, 2019

    Alki David Victim Seeks Absent Billionaire's Arrest, $5M Bail

    Billionaire FilmOn founder Alki David failed to appear in a California courtroom Wednesday for a hearing to examine ways to collect an $11 million sexual battery verdict against him, prompting the plaintiff’s lawyer to tell a judge he wants a bench warrant issued with $5 million bail.

  • December 04, 2019

    Deputy AG Doubts Necessity Of NJ Judge's 'Legs' Comment

    A deputy New Jersey attorney general on Wednesday questioned why a suspended judge needed to ask a rape accuser if she had tried to close her legs to fend off the alleged attack, since she'd already seemed to have claimed that the encounter wasn't consensual.

  • December 04, 2019

    BraunHagey Atty To Decide Apple, Cisco Fee Redos In IP Suits

    A California federal court on Tuesday appointed an attorney from BraunHagey & Borden to oversee the recalculation of attorney fees that tech company Straight Path IP Group Inc. owes to Apple and Cisco for allegedly dragging them into "recklessly litigated" patent disputes.

  • December 04, 2019

    Simpson Thacher Reveals Extent Of Stanford's 'Varsity Blues'

    The mastermind behind the "Varsity Blues" college admission scandal tried to recruit seven coaches at Stanford into his scheme, but only one took him up on the offer, according to an investigation conducted at the school's behest by Simpson Thacher & Bartlett LLP.

  • December 04, 2019

    Trenk DiPasquale Strikes $6M Deal In NJ Water Agency Suit

    The former Trenk DiPasquale Della Fera & Sodono PC and two ex-firm attorneys have reached a $6 million settlement with a defunct Newark water agency over claims in New Jersey bankruptcy court that they enabled corruption at the organization, a deal expected to ease the uncertainty of continued litigation in the "extraordinarily complex" case.

  • December 04, 2019

    Pond Lehocky Leader Pushes Court To Dissolve Partnership

    A name partner with Pond Lehocky Stern Giordano LLP asked a Pennsylvania judge Tuesday to dissolve the prominent Philadelphia-based employment shop’s partnership agreement in response to alleged efforts to strong-arm him out of the firm.

  • December 04, 2019

    Donziger On Track For June Criminal Contempt Trial

    A Manhattan federal judge on Wednesday set a June date for attorney Steven Donziger to stand trial on criminal charges lodged by another judge alleging Donziger willfully flouted court orders in his civil legal battle with Chevron Corp.

  • December 04, 2019

    Firms Can't Tie Down Departing Attys, ABA Panel Says

    Lawyers should be free to depart their law firm for another location without being restricted by noncompetition clauses or by rigid firm notification requirements, according to guidance released Wednesday in an opinion by an American Bar Association committee.

  • December 03, 2019

    Judge Who Said 'Close Your Legs' Says He Intended To Help

    A suspended New Jersey judge fighting his removal from the bench for asking a rape accuser if she'd tried closing her legs told a panel Tuesday that though the words were "chosen terribly," he had been trying to help the pro se litigant after she'd become visibly shaken by a defense attorney's remark.

  • December 03, 2019

    Woodbridge Trustee Sues Sidley, 9 Other Firms For $500M

    The liquidation trust for the defunct Woodbridge Group is seeking more than $500 million in damages from Sidley Austin LLP and nine other law firms accused of aiding the real estate investment enterprise's $1.3 billion Ponzi scheme.

  • December 03, 2019

    Why BigLaw Is Playing Hardball With Departing Attorneys

    Decisions by law firms to terminate groups of attorneys or hold lawyers to long notice periods before they switch to a competitor remain rare, but recruiters see such recent maneuvers as the latest sign of an increasingly competitive market.

  • December 03, 2019

    Sidley Partner DQ'd From Huawei Bank Fraud Case

    A New York federal judge on Tuesday disqualified a Sidley Austin LLP partner and former deputy attorney general from representing Huawei in a criminal bank fraud case, siding with prosecutors who argued the case was too similar to an investigation the attorney worked on at the U.S. Department of Justice.

  • December 03, 2019

    Acquitted Ex-Trader's $112M Suit Has No Legs, Citi Says

    A $112 million suit against Citigroup Inc. brought by a former London-based trader over his acquittal on foreign exchange-rigging charges warrants dismissal because it fails to allege the bank fabricated and orchestrated a vindictive prosecution, the financial giant has told a New York federal court.

  • December 03, 2019

    LeClairRyan Attorney Questioned Over Bankruptcy Funds

    The former chief legal officer of defunct law firm LeClairRyan has been ousted as the wind-down trustee of title insurer LandAmerica Financial Group after a Virginia bankruptcy court was told the attorney deposited $2.85 million in excess funds into personal accounts.

  • December 03, 2019

    Butler Snow Says Timber Scam Suit Belongs In Arbitration

    Butler Snow LLP and its business development subsidiary have told the Fifth Circuit that a suit alleging the firm helped a now-imprisoned client pull off a massive Ponzi scheme belongs in arbitration, arguing that the lower court was wrong to say that an arbitration clause was not enforceable.

  • December 03, 2019

    Fineman Krekstein Wants Out Of Malpractice Coverage Row

    Fineman Krekstein & Harris PC told a Pennsylvania judge on Monday that its limited role as insurer-appointed counsel handling a malpractice case against a Scranton-based personal injury firm freed it from potential liability in a fight over the extent of coverage available for the claim.

  • December 03, 2019

    Goodwin Procter Faces DQ Bid In Ill. County's BofA Suit

    Goodwin Procter LLP should be disqualified from representing Bank of America in a suit alleging the banking giant engaged in racially discriminatory lending practices, as witnesses in the case reversed their sworn statements after the firm began representing them, an Illinois county has argued.

  • December 02, 2019

    Mass. Atty Suspended After Advice Leads To ICE Detention

    A Massachusetts attorney will have his license temporarily yanked after a state appeals court on Monday agreed with previous findings that he hadn't fulfilled his duties to clients, including one who got detained by immigration authorities after taking the lawyer's advice.

  • December 02, 2019

    Jailed Ex-Atty To Pay $116K For Using 'Front Man' In Fraud

    An incarcerated former attorney will have to pay at least $116,455 after authorities say she wrote dozens of legal opinions endorsing unrestricted trade of microcap stocks, but used another lawyer’s name, a Colorado federal judge said Monday.

  • December 02, 2019

    Arnold & Porter Atty Nominated To Head NYC Bar Association

    An Arnold & Porter partner who specializes in product liability litigation and class actions has been nominated to serve as the next president of the New York City Bar Association, the group announced Monday.

Expert Analysis

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • High Court FDCPA Case Faced Uphill Battle From The Start

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    At U.S. Supreme Court arguments in Rotkiske v. Klemm last week, divergent views on the Fair Debt Collection Practices Act’s statute of limitation for the common law discovery rule emerged, and questions from the justices suggest the plaintiff’s waiver of the equitable tolling doctrine at the lower court level was the death knell for his case, say attorneys at Reed Smith.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

  • Preventable Risks Your Law Firm May Be Overlooking

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    Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

  • 6 Ethics Tips For Attorneys Making Lateral Transfers

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    With lateral transfers between law firms on the rise, it is more important than ever for partners to understand the steps they must take to adhere to ethics rules and other requirements when making a transition, say attorneys at Harris Wiltshire.

  • Giuliani Faces 4 Privilege Hurdles In Ukraine Call Probe

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    Assuming Rudy Giuliani intends to continue his assertion of attorney-client privilege in response to a House intelligence committee's subpoena concerning communications with Ukrainian officials on behalf of President Donald Trump, he has a difficult road ahead, says Tyler Maulsby at Frankfurt Kurnit.

  • Bid To Boot Opioid Judge Raises Questions On Judicial Roles

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    The attempt to disqualify Ohio federal judge Dan Aaron Polster from the multidistrict opioid litigation illustrates the complicated nature of disqualification decisions, and the conflict between two theories of judging — the disengaged balls-and-strikes umpire and the engaged, problem-solving citizen-judge, says former Illinois judge Raymond McKoski.

  • Consider The Power Of Tactical Empathy

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    By employing tactical empathy techniques to understand the interests behind the positions taken by others, attorneys can gain the upper hand in deal negotiations and litigation while still promoting and preserving long-term relationships with opponents, judges and others, say Shermin Kruse of TEDxYouth@Wrigleyville and Ursula Taylor of Strategic Health.

  • The Problem — And Opportunity — Of Implicit Bias In The Bar

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    Law firms are beginning to recognize implicit bias as a problem. But too few recognize that it is also an opportunity to broaden our thinking and become better legal problem solvers, says Daniel Karon of Karon LLC.

  • Series

    Judging A Book: Thapar Reviews Gorsuch's 'A Republic'

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    U.S. Supreme Court Justice Neil Gorsuch's new book "A Republic, If You Can Keep It" offers hope for our constitutional system through stories of American greatness, and sheds much-needed light on originalism for skeptics, says Sixth Circuit Judge Amul Thapar.

  • Opinion

    True Wellness Requires A Deeper Look At Atty Profession

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    While I applaud all of the law firms that have signed the American Bar Association's campaign to improve attorney well-being, to achieve a truly holistic solution we must ask difficult questions about what we do, how we do it and the expectations we have set for ourselves and our clients, says Edward Shapiro at Much Shelist.

  • DOJ's New FARA Enforcement Focus Could Be Far-Reaching

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    In light of the U.S. Department of Justice's recent dramatic increase in criminal enforcement of the Foreign Agents Registration Act, a wide array of individuals and organizations whose conduct may be implicated by FARA should keep in mind several key compliance considerations, say Richard Beizer and Dalal Hasan of Crowell & Moring.

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