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Legal Ethics
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April 18, 2024
State Sen. Tells Ga. Judge It's 'Fact' He Was 2020 Elector
Georgia state Sen. Shawn Still, who was indicted alongside former President Donald Trump and over a dozen others last August, urged the judge overseeing the state's election interference case to accept as fact that he was an "elected and qualified" Republican presidential elector from Georgia during the 2020 presidential election.
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April 18, 2024
Dunn Can't Nix Fiduciary Breach Charge As Ethics Trial Wraps
A California state bar judge denied Joseph Dunn's bid at the close of his disciplinary trial Thursday to toss a fiduciary breach charge, rejecting the former state bar executive director's argument that no evidence had been introduced to support the allegation.
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April 18, 2024
Perkins Coie 'Beating A Dead Horse' To Duck Case, Judge Says
An Illinois judge on Thursday refused to reconsider his decision to let an investment company move ahead with its lawsuit accusing Perkins Coie of helping the company's former investment manager steal $12 million and opted not to certify questions raised by the firm about his reasoning to the Illinois Supreme Court.
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April 18, 2024
Fed. Circ. Maintains Newman Can't Invalidate Disability Law
Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.
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April 18, 2024
Trump Again Seeks Delay In Fla., Says Attys Tied Up In NY
Counsel for Donald Trump in the ex-president's federal classified documents case in Florida again asked on Thursday to extend disclosure deadlines, contending that their client would be prejudiced without more time while some of them defend Trump in his hush money case in New York.
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April 18, 2024
Tully Rinckey Fights Suspension Bid In Atty Contract Dust-Up
An attorney for Tully Rinckey PLLC's two founders told a D.C. legal ethics board on Thursday that a proposal to suspend his clients over restrictions the firm placed on departing lawyers was "a totally disproportionate response" to the allegations against them.
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April 18, 2024
Dems Propose Inspector General For High Court, Judiciary
Democratic lawmakers introduced a bill Thursday that would create an inspector general's office for the judicial branch to investigate and report on allegations of misconduct lodged against U.S. Supreme Court justices, as well as judges throughout the federal judiciary.
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April 18, 2024
Ousted Clerk Was A 'Loose Cannon,' NC Justices Told
An attorney who started proceedings that led to the ouster of former Franklin County Clerk of Court Patricia Chastain urged the North Carolina Supreme Court to keep her out of office, arguing that she undermined judicial authority through a series of incidents, including a "vulgar" accidental call to a magistrate judge.
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April 18, 2024
Feds Fight George Santos' 'Meritless' Brady Violation Claims
Federal prosecutors are urging the Eastern District of New York to deny former U.S. Rep. George Santos' motion for a one-month delay in filing deadlines over allegations that the government withheld evidence in its fraud and campaign finance suit against him, calling the Long Island Republican's request "pretextual and meritless."
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April 18, 2024
9th Circ. Affirms Rosette's Win In Tribe Representation Fight
The Ninth Circuit has backed a federal district court ruling that found Rosette LLP is not responsible for using allegedly false advertising to induce the Quechan Tribe to drop Williams & Cochrane LLP as counsel on the verge of closing a lucrative gambling contract.
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April 18, 2024
Atty Wants Law Firm Subpoenaed In $12M Somali Fraud Case
A Maryland attorney accused of misappropriating more than $12 million in Somali state assets has asked a federal judge to subpoena his former firm, Shulman Rogers Gandal Pordy & Ecker PA, to produce his employment records.
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April 18, 2024
Ohio Ex-Atty Gets Prison For Bilking Real Estate Clients
A former real estate attorney has been sentenced to four to six years of prison on charges he used his title company to steal from clients, the Ohio attorney general's office said Thursday.
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April 18, 2024
NJ Atty Fires Back At Litigation Funder's $18M Contract Claim
A Florida-based litigation funder that is waging an $18 million breach of contract suit against a New Jersey lawyer has been hit with a countersuit alleging the business reneged on an agreement to secure funding for nationwide personal injury cases.
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April 18, 2024
7th Circ. Nom Heads To Senate Despite GOP Backlog Criticism
The Senate Judiciary Committee advanced five judicial nominees Thursday, including U.S. District Judge Nancy L. Maldonado, a nominee for the Seventh Circuit, whom Republicans had questioned about a backlog of cases in her court.
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April 18, 2024
Conn. Ethics Office Wants Atty Suspended For Defying Audits
The office that regulates Connecticut attorneys wants a lawyer with a decadelong history of failing to respond to grievances and information requests to be found in contempt and immediately suspended for failing to comply with a trust account audit.
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April 18, 2024
Ex-BigLaw Atty Can't Get Stalking Injunction Against Influencer
A Florida state judge on Wednesday denied a former Greenberg Traurig LLP partner's request for a cyberstalking injunction against a social media influencer, saying the petitioner did not show enough evidence to justify it.
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April 18, 2024
Ex-NJ Lawyer Can't Erase Fraud Conviction, Feds Say
Federal prosecutors told a New Jersey federal judge Wednesday the latest bid by ex-attorney Michael Kwasnik to undo his conviction and 18-year prison sentence for defrauding his clients of $13 million should meet the same fate as his previous efforts — dismissal.
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April 18, 2024
Jury Of 12 Picked For Trump Hush Money Case In NY
A jury of 12 New Yorkers was selected Thursday for the hush money trial of former President Donald Trump on charges he falsified business records to keep news of an extramarital affair from damaging his 2016 electoral prospects.
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April 18, 2024
Sidney Powell Dodges Sanctions From Texas Bar
Embattled Trump attorney Sidney Powell has dodged sanctions from the Texas state bar's disciplinary wing, with a state appellate court ruling Thursday that the Commission for Lawyer Discipline didn't bring enough solid arguments to the table to merit a redo of the case.
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April 17, 2024
Ethics Panel Douses Judge DQ Talk In 5th Circ. CFPB Case
A judicial ethics panel has concluded that recusal isn't automatically required for the Fifth Circuit judge whose financial disclosures have fueled calls for his disqualification from litigation challenging the Consumer Financial Protection Bureau's $8 credit card late fee rule.
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April 17, 2024
No Sanctions For Wordy Footnotes In Google Maps Case
A California federal judge will not sanction attorneys representing Google Maps customers in an antitrust action for their "numerous and excessively long footnotes" after the lawyers on Wednesday explained it wasn't a tactic for avoiding page limits and promised not to do it again.
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April 17, 2024
'It Has To End': Justices Mull Finality In 32-Year Murder Saga
In its second review of drug-fueled, baseball bat killings during the presidency of George H.W. Bush, the U.S. Supreme Court on Wednesday pondered steering an Arizona man's capital punishment challenge toward conclusion, perhaps by handling evidentiary tasks normally left to lower courts.
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April 17, 2024
UC Berkeley Law Dean Vouches For Dunn At Disciplinary Trial
University of California, Berkeley School of Law Dean Erwin Chemerinsky testified as a character witness Wednesday in attorney Joseph Dunn's disciplinary trial, saying he holds the ousted California State Bar executive director in the highest regard, and his opinion is unlikely to change whatever the trial's outcome.
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April 17, 2024
'I Am Mad': Client Regrets Trusting Atty Accused Of Tax Fraud
Emotions ran high Wednesday in a North Carolina federal courtroom as former clients unwittingly roped into an alleged tax fraud scheme took the stand, one of whom was openly exasperated at learning he'd been misled by the two attorneys and an insurance agent who are on trial.
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April 17, 2024
Discovery Sanction Too Severe In $1M Vape Case, Panel Says
An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.
Expert Analysis
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Considerations For Lawyer Witnesses After FTX Trial
Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Opinion
History Reveals Folly Of Absolute Presidential Immunity
As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.