Legal Ethics

  • March 14, 2024

    Trump Hush Money 'Half Mary': Blame The Lawyers, Sort Of

    Donald Trump's informal advice-of-counsel defense in the criminal hush money case in New York is a potentially risky, long-shot attempt at "having it both ways" by blaming his lawyers without having to testify or divulge details of their relationship, experts say.

  • March 13, 2024

    Google Calls DOJ's 'Fake Privilege' Docs Citation 'Misleading'

    The D.C. federal judge weighing the fate of Google's search business should pay no heed to discussions, cited by the Justice Department, from company lawyers in a separate case of "fake privilege" hiding otherwise discoverable evidence, Google has said.

  • March 13, 2024

    Atty Who Skipped Vote-Tampering Hearing Can't Ditch Warrant

    A Michigan judge on Wednesday urged counsel for a lawyer evading a bench warrant to direct his client to turn herself in, rejecting claims previous counsel didn't adequately inform her of a hearing she skipped in a case where she's alleged to have tampered with voting machines after the 2020 election.

  • March 13, 2024

    Google Ordered To Turn Over Docs In Discrimination Suit

    A Texas federal judge ordered Google to hand over additional documents Wednesday as the tech giant continued to spar with a former employee, settling the latest spat between the parties in what has become an increasingly contentious battle over the ex-worker's discrimination claims.

  • March 13, 2024

    Flint Found In Contempt Over Lead Pipe Replacement Delays

    A Michigan federal judge has found the city of Flint in contempt for dragging its heels on court orders to replace the city's lead pipes after a 2017 settlement, finding that its belated, partial compliance was not enough to avoid the sanction.

  • March 13, 2024

    Atty Sanctioned Over Challenge To $60B Exxon-Pioneer Deal

    A Texas judge has sanctioned a New York lawyer with a long history of filing frivolous lawsuits almost $60,000 for litigation brought over ExxonMobil's proposed $59.5 billion merger with Pioneer Natural Resources, the largest merger announced in 2023.

  • March 13, 2024

    BigLaw Paper Poacher Gets 15 Mos. In Merck Insider Case

    A Manhattan federal judge hit a former FBI trainee from Pennsylvania with a 15-month prison sentence Wednesday for illegally trading on a Merck & Co. deal using secrets gleaned from legal papers in the possession of his BigLaw ex-girlfriend.

  • March 13, 2024

    Ex-Alston & Bird Aide Should Arbitrate Vax Suit, Judge Says

    A former Alston & Bird LLP aide fired for refusing to get vaccinated against COVID-19 should have to take her discrimination claims against the firm to arbitration, a Georgia magistrate judge recommended Wednesday.

  • March 13, 2024

    Fla. Ex-Municipal Atty Alleges LGBTQ Discrimination

    A gay former town attorney for Pembroke Park, Florida, has launched a state lawsuit alleging that she was unlawfully fired as a result of "a campaign of discrimination and harassment" against her from a town commissioner on account of her sexual orientation.

  • March 13, 2024

    NJ Ethics Board Says Referral Fees Only For In-State Attys

    New guidance provided by the New Jersey Supreme Court's Advisory Committee on Professional Ethics recommends against the payment of referral fees for out-of-state lawyers, reasoning that such fees, considered payment for legal services, can only be provided to attorneys licensed to practice law in the state.

  • March 12, 2024

    Trump Floats Quasi-Advice Of Counsel Defense For NY Trial

    Donald Trump's attorneys told a New York judge they will argue that he lacked intent to commit the felonies alleged in his hush money case because the former president knew he had attorneys involved in the payoffs to women during his 2016 election campaign, but that it's not quite an advice-of-counsel defense.

  • March 12, 2024

    Colo. Justices Fret Over Victimized Judges' Bias

    Colorado Supreme Court justices seemed leery Tuesday of reversing a judge who refused to recuse herself in a criminal case after revealing she was the victim of a similar crime, with justices seeking to balance the specter of forced recusals with the erosion of defendants' due process rights.

  • March 12, 2024

    Startup Founder's Attys Come 'Very Close' To More Sanctions

    A Colorado federal judge has said a geothermal startup founder's arguments for why one of his attorneys should not be sanctioned for discovery violations were "preposterous" and warned his lawyers that they came "very close" to being penalized again.

  • March 12, 2024

    Porn Stars Seek To Drop Meta Suit Due To Lack Of Evidence

    Three adult entertainment performers told a California federal court on Monday that they want to drop their lawsuit claiming that Meta conspired with OnlyFans' parent to block ads for the risqué platform's competitors, saying Meta told their counsel that there's no evidence that the women's social media accounts were blacklisted.

  • March 12, 2024

    Mich. Firms Mishandled $38M Trusts, Suit Says

    A pair of Michigan law firms didn't properly advise the trustee of a construction mogul's trusts worth more than $38 million, leading the trusts to pay excessive attorney fees, lose most of their value and miss out on tax breaks, a special fiduciary tasked with investigating the trusts' handling has alleged.

  • March 12, 2024

    Vidal Gives OpenSky Temporary Break On VLSI Atty Fees

    U.S. Patent and Trademark Office Director Kathi Vidal is standing by her decision ordering OpenSky Industries to pay VLSI Technology $413,000 for court proceedings tied to the former's misconduct, but allowed the company an extension to make that payment.

  • March 12, 2024

    Ohio Atty Disbarment Sparks Call For Criminal Rule Change

    The Ohio Supreme Court on Tuesday disbarred an attorney convicted of joining her boyfriend in the sexual abuse of his young daughter, rejecting as too lenient a state ethics board's recommendation that the attorney be suspended, and resurfacing a call for criminal justice reform from one justice of the court.

  • March 12, 2024

    Ex-Judge Loses Suit Over 'Tsunami Of Public Ridicule'

    An appellate court has refused to revive a former New York state trial court judge's suit accusing a Democratic county committee and several related officials of releasing a "tsunami of public ridicule" against her, saying her breach of contract claims lacked legal standing and her defamation claim was untimely.

  • March 12, 2024

    Ex-Bankruptcy Judge Cites Judicial Immunity To Escape Suit

    Former Texas bankruptcy judge David R. Jones — whose failure to disclose a romantic relationship with an ex-Jackson Walker LLP attorney ignited a major judicial ethics scandal — has moved to dismiss a disgruntled investor's suit that claims Jones gave a Jackson Walker client preferential treatment during its Chapter 11 case, citing judicial immunity.

  • March 12, 2024

    Ga. Judge Says Lin Wood Did Defame Ex-Colleagues

    A Georgia federal judge handed a win to former colleagues of former attorney L. Lin Wood in their defamation suit on Tuesday, ruling that Wood falsely accused them of criminal extortion.

  • March 12, 2024

    Philly Firm Says 'Education Lawyers' TM Is Incontestable

    A Philadelphia law firm says its use of "The Education Lawyers" to market its service is an incontestable trademark, rendering a rival's challenge completely groundless, according to a motion to dismiss filed in Pennsylvania federal court.

  • March 12, 2024

    Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom

    The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.

  • March 12, 2024

    Ga. Attys Face Sanctions Bid Over 'Factually Impossible' Suit

    Companies operating vessels in a Georgia port have fired off a request to sanction a Peach State law firm that pursued claims that the businesses failed to protect a worker against COVID-19, saying the attorneys brought a "factually impossible" suit that was dismissed by a federal court last month.

  • March 12, 2024

    Paul Weiss' Digital Tech Chair On AI's Promises And Perils

    While generative artificial intelligence promises to increase access to justice and kill the billable hour, we don't know how to prevent it from unleashing misinformation and disinformation on the electorate, says Katherine Forrest, a former Manhattan federal judge who is now chair of Paul Weiss Rifkind Wharton & Garrison LLP's digital technology group.

  • March 12, 2024

    LG Assistant GC Suspended In NJ For Side-Work Misconduct

    The New Jersey Supreme Court has handed a minimum three-month suspension to an in-house attorney for LG Electronics over misconduct he committed while operating a side practice, including commingling client funds and mishandling two estates.

Expert Analysis

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Ethics Issues For Mainland Firms Involved In Maui Fire Suits

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    Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Attorneys Using AI Shouldn't Worry About Waiving Privilege

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    As large language models become more advanced, attorneys may be concerned that sending confidential data to companies like OpenAI risks waiving attorney-client or work-product privilege, but there’s nothing about such tools that would negate the reasonable expectation of privacy, say John Tredennick and William Webber at Merlin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • NJ Justices Clarify Bribery Law Scope, But Questions Remain

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    The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail

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    Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How Judicial Privilege Shields Attys Facing Wiretap Violations

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    A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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