Legal Ethics

  • May 24, 2024

    Exiled Chinese Businessman Is No $1B Fraudster, Jury Told

    Exiled Chinese businessman and purported billionaire Guo Wengui ran legitimate companies in support of a broad movement that opposed the Chinese Communist Party, his attorney told a Manhattan federal jury Friday, rather than what prosecutors say was a multifaceted $1 billion fraud.

  • May 24, 2024

    Alito Flag Displays 'Improper' And 'Dumb,' District Judge Says

    A Massachusetts federal judge is calling out U.S. Supreme Court Justice Samuel Alito for controversial flags reportedly seen flying outside his homes, saying such actions erode public trust in the courts.

  • May 24, 2024

    Calif. Judge Gets 2nd Reprimand After Calling Atty 'Snake Oil'

    For the second time in his judicial career, a California state judge has been publicly admonished for misconduct on the bench, most recently for referring to a public defender as "snake oil" in a criminal case and for "usurping the role of prosecutor" in another trial that was later overturned because of the judge's conduct.

  • May 24, 2024

    Weinstein Atty Trying To Chill Retrial Testimony, DA Says

    The Manhattan District Attorney's Office has argued that a lawyer for Harvey Weinstein violated ethics rules by publicly accusing one of the movie mogul's alleged rape victims of perjury in an "obvious" attempt to dissuade her from testifying again at an upcoming retrial.

  • May 24, 2024

    Alabama Judge Says Attys Subverted Plumbing Defect Deal

    In an effort to safeguard the due process rights of hundreds of homeowners, an Alabama federal judge has tossed out more than 300 settlement class "opt-outs" and partially reopened the objection period in a product liability suit, determining that outside attorneys repeatedly misled clients regarding the pending settlement, leading to the numerous exclusion requests.

  • May 24, 2024

    NC Bill Will Let Attys Expunge Discipline Records

    The North Carolina Senate approved a measure Thursday that would allow attorneys to clear certain disciplinary actions from their professional records, along with other changes to the Tar Heel State's lawyer ethics process.

  • May 24, 2024

    Ex-DOJ Atty Clark Says He Was Denied A Fair Ethics Hearing

    Former Justice Department official Jeffrey Clark was denied a fair hearing in his Washington, D.C., ethics case and should not face punishment, he told an attorney disciplinary committee in a Thursday filing.

  • May 24, 2024

    Foley & Lardner Given All-Clear To Exit SEC Suit

    A North Carolina federal judge permitted Foley & Lardner LLP on Friday to exit as counsel for a Malta-based registered investment adviser that is defending claims in a $75 million lawsuit brought by the U.S. Securities and Exchange Commission, despite the judge's previous concerns about the firm's withdrawal.

  • May 24, 2024

    Any Coloradan Can Enforce Open Meetings Law, Panel Says

    The Colorado Court of Appeals has sided with an attorney who has filed dozens of open meetings law claims against government bodies in the state, finding that the attorney has standing to sue a school board even though he lives hundreds of miles away.

  • May 24, 2024

    Menendez, Kasowitz Firm Spar Over Subpoena To Cooperator

    Amid his bribery trial, U.S. Sen. Robert Menendez of New Jersey is urging a Manhattan federal judge to order a government cooperator to turn over communications involving his current counsel at Kasowitz Benson Torres LLP and his former attorneys.

  • May 23, 2024

    DLA Piper Must Share Prior Pregnancy Bias Claims With Court

    A New York federal magistrate judge on Wednesday ordered DLA Piper to let her privately review previous pregnancy discrimination complaints against it as part of discovery in a former attorney's suit, an order that comes after the firm argued the burden of sharing them "far outweighs its likely benefit."

  • May 23, 2024

    'Not Us At Our Best:' SEC's Top Cop Talks Debt Box Error

    The U.S. Securities and Exchange Commission's enforcement director Gurbir Grewal took responsibility Thursday for his agency's sanctioned actions in a lawsuit against crypto project Debt Box, saying that the case did not represent the agency "at our best" but was not a sign that there were any widespread problems with the way it conducts its enforcement proceedings. 

  • May 23, 2024

    Mich. Atty Convicted For Arranging Murder Of Jeweler Client

    A Michigan attorney was one of two convicted by an Oakland County jury Thursday of first-degree premeditated murder and conspiracy for their role in a plot to kill his client, a well-known jeweler, to gain access to millions of dollars in the jeweler's trust.

  • May 23, 2024

    White House Says 1st Circ. Judge Didn't Aid Daughter's Nom

    The White House said Thursday that a First Circuit judge played no part in his daughter's nomination to the appeals court, and plans to retire if she's confirmed.

  • May 23, 2024

    NC Fintech Atty Sues Paymentus For Gender, Age Bias

    A former senior corporate counsel for cloud-based billing company Paymentus Corp. has slapped her former employer with a $100,000 age and gender discrimination suit in North Carolina federal court, saying she was paid less than her male colleagues and eventually fired for complaining, only to be replaced by a much younger male attorney.

  • May 23, 2024

    Wash. Atty Stops Practicing Law After Assaulting Associate

    A family law attorney in Washington state has resigned from practicing law after a series of criminal offenses, including a misdemeanor sexual assault and an attempted hate crime involving a colleague after a work-sponsored event, according to state bar association disciplinary records made public this week.

  • May 23, 2024

    Ex-Kline & Specter Atty Fights Firm's Counterattack

    An ex-Kline & Specter PC attorney struck back at the firm's counterclaims in a court battle after he departed and started a solo practice, arguing to a Pennsylvania state court that the firm wasn't privy to the client communications that formed the basis of its argument.

  • May 23, 2024

    Ex-Staffer Of Fulton DA Testifies On Fund Misuse Allegations

    A former program manager under Fulton County District Attorney Fani Willis told a Georgia state legislative committee Thursday that she was banished to a file room and her work life was made a "hell" after she reported alleged misuse of federal grant funds.

  • May 23, 2024

    Trump Loses 2 NY Criminal Appeals As Trial Winds Down

    Former President Donald Trump on Thursday lost a pair of appellate challenges complaining that both the judge and jury in his ongoing New York criminal hush-money trial are biased, just a few days before closing statements in the historic case.

  • May 23, 2024

    Legal Marketer, Ark. Firm Agree To End Trade Secrets Suit

    A legal marketing business has agreed to dismiss a Georgia federal lawsuit accusing an Arkansas law firm and others of stealing and profiting off its trade secrets, including a database of client leads for mass torts over talcum powder and heartburn medication.

  • May 23, 2024

    Trump Atty Nears Deal To End Colo. Discipline Case

    Former Trump attorney Jenna Ellis and Colorado's attorney discipline office said Thursday that they were finalizing a settlement in a disciplinary case over Ellis' false statements about the presidential election in Georgia, though the disciplinary judge cautioned that he is prepared to rule if he does not like the deal.

  • May 23, 2024

    NC High Court Sees No DA Conflict In Cyberstalking Case

    North Carolina's highest court ruled Thursday that a county prosecutor was improperly disqualified from a criminal case in which the alleged victim is a county manager, reasoning that the scenario didn't meet conflict-of-interest parameters established by the court's decades-old precedent.

  • May 23, 2024

    NC Justices Scrap Defamation Suit Against Holtzman Vogel

    Holtzman Vogel Baran Torchinsky & Josefiak PLLC is immune from defamation claims stemming from election protests the law firm helped file in 2016, the North Carolina Supreme Court ruled Thursday, rejecting what the justices characterized as a "baseless attempt" by voters to "constrict the absolute privilege's protections."

  • May 23, 2024

    Menendez Says Feds Can't Wield Texts About Egyptian Aid

    U.S. Sen. Robert Menendez told a federal court that the government can't support its corruption case with text messages involving military aid to Egypt and a local businessman accused of bribing the senator, citing U.S. Supreme Court precedent excluding past legislative acts as admissible evidence.

  • May 23, 2024

    Ex-Judge Pushed False Narrative On Atty Romance, Firm Says

    U.S. Bankruptcy Judge David R. Jones of Texas, who resigned last year after his secret relationship with a Jackson Walker LLP partner was revealed, attempted to head off rumors about the relationship by asking the firm to file a false, partial disclosure in 2022, the firm alleged.

Expert Analysis

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Law Firms Should Know Amid Rise In DQ Motions

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    As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

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