Legal Ethics

  • November 14, 2019

    Law360's The Week In Discipline

    A New Orleans attorney who threatened to beat up a prosecutor in court and a North Carolina lawyer who couldn't escape the tax man lead Law360's The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • November 14, 2019

    Geragos-Tied Charges Gone In Avenatti's Nike Extortion Case

    Federal prosecutors in Manhattan on Wednesday dropped charges against Michael Avenatti that accused him of conspiring with fellow celebrity lawyer Mark Geragos in a plot to extort Nike, but added an accusation that Avenatti defrauded his client along the way.

  • November 14, 2019

    NJ School Fights McCarter Bid To Escape Malpractice Suit

    A New Jersey school has rebutted McCarter & English LLP's bid to escape a legal malpractice suit over insurance coverage advice in a trademark infringement matter, arguing Wednesday that the retainer agreement's limitations don't excuse the firm for dropping the ball.

  • November 13, 2019

    NY Court Consolidation Plan Won't Pass Without A Fight

    A sweeping proposal to simplify New York’s byzantine court system got off to a rocky start Wednesday at a legislative hearing that was quickly consumed with concerns over power, diversity and other issues, leading one state senator to remark that the project “may not be one big ‘Kumbaya’” after all.

  • November 13, 2019

    Arnold & Porter Faces DOJ Probe Into Immigration Hiring Bias

    Arnold & Porter has been under investigation for a year by the federal agency that probes employment discrimination based on immigration status, according to a filing in an attorney's administrative case alleging she was denied a job after refusing to divulge her citizenship.

  • November 13, 2019

    Jurors Set To Determine Trump Pal Roger Stone's Fate

    A 12-member jury will begin deliberations Thursday in former Trump campaign adviser Roger Stone's criminal trial after prosecutors made their final pitch Wednesday afternoon.

  • November 13, 2019

    Seyfarth Can Escape Tax Shelter RICO Suit, 7th Circ. Says

    An insurance executive failed to make a racketeering case against Seyfarth Shaw LLP over bad tax shelter advice, the Seventh Circuit has ruled in partly affirming a lower court's dismissal of the suit because the executive didn’t prove ongoing fraud.

  • November 13, 2019

    SEC Urges 11th Circ. To Not Touch Its Win In $5M Fraud Row

    The U.S. Securities and Exchange Commission has urged the Eleventh Circuit not to overturn its win in a Georgia federal court case where an Alabama attorney was ordered to pay nearly $5 million for purportedly defrauding former NBA star Charles Barkley and other investors out of millions of dollars.

  • November 13, 2019

    NCAI Says News Articles Didn't Defame Former GC

    The National Congress of American Indians urged an Oregon judge to throw out claims in a suit by its former general counsel, saying a news organization owned by the NCAI didn't defame him by reporting on sexual harassment accusations he contended led to his firing.

  • November 13, 2019

    Texas Judge Indicted For Wire Fraud Suspended Without Pay

    A state district court judge in Houston was suspended Tuesday without pay by the State Commission on Judicial Conduct, four days after pleading not guilty to federal charges she used campaign funds for personal expenses.

  • November 13, 2019

    Md. Atty Can't Get Fees From Fatal Car Crash Settlement

    A Maryland injury attorney demanding his cut of an auto collision wrongful death settlement struck after he withdrew from the case was rebuffed by a state appeals court, which ruled that the terms of a retainer and contingency fee agreement were not met.

  • November 13, 2019

    Ex-Law School Prof Seeks To Revive Fraud Suit Against ABA

    A former law school professor urged the Seventh Circuit Wednesday to revive his fraud suit over the American Bar Association’s accreditation standards, saying misunderstandings on both sides of the bench caused his suit to get permanently tossed.

  • November 13, 2019

    Disney Rips 'False' Disability Claims In 'Plagiarized' Complaint

    A group of Disney fans filed a copy-and-pasted complaint containing made-up claims that the company behind Disney-themed amusement parks has discriminated against them based on their disabilities, the entertainment giant told a California federal court.

  • November 13, 2019

    Fracking Co. Says Fraud In Patent Suit Negates Atty Privilege

    A Texas fracking contractor asked a federal court to boot a rival company’s attorneys from serving as trial counsel in a patent infringement suit and force them to turn over privileged emails, claiming the pair were witnesses to an alleged patent fraud scheme related to the case.

  • November 13, 2019

    Pa. Judge Suspended For Viewing Lewd Pics In Chambers

    A Pennsylvania judge will serve a 45-day suspension and pay a $5,000 fine after he was found in violation of state ethics rules for viewing lewd pictures on a private computer he kept in his chambers.

  • November 13, 2019

    IRS Summons Violates Atty-Client Privilege, 5th Circ. Told

    A law firm suspected of helping facilitate tax evasion has doubled down in its bid to avoid disclosing the names of its clients to the IRS, telling the Fifth Circuit that complying with the summons would violate attorney-client privilege.

  • November 13, 2019

    Genova Burns Dragged Into Suit Against Disbarred NJ Pol

    Genova Burns LLC must face legal malpractice claims over its allegedly negligent supervision of a convicted ex-mayor and disbarred attorney after his onetime running mate convinced a New Jersey state judge Wednesday to let him pull the firm into a suit over the disgraced politician's handling of campaign finance reports.

  • November 13, 2019

    Target Says Attorney Destroyed Evidence In Civil Rights Case

    Target is asking a Texas federal judge to sanction a Houston-based immigration attorney for destroying key evidence in a discrimination case she filed against the retailer.

  • November 12, 2019

    Insurance Co. Ordered To Pay Marker Co. $2.8M For Defense

    An insurer must pay roughly $2.8 million to cover the costs of an art marker company's defense in a trademark infringement suit in Oregon, an Illinois federal judge ruled on Tuesday, citing the insurer's "unreasonable and vexatious conduct" under Illinois insurance law.

  • November 12, 2019

    NJ College Ex-GC Must Face Claim Over Improper Side Gigs

    The former general counsel of Essex County College in New Jersey cannot escape the school’s counterclaims that she unlawfully held side jobs and improperly assisted an ex-college president in a real estate deal, a state judge ruled Tuesday in a lawsuit over her allegedly retaliatory firing.

  • November 12, 2019

    NY Judge Makes Criminal Referral After Axing Woori Bank Suit

    A New York federal judge has reached out to the Manhattan U.S. attorney in connection with a now-dismissed lawsuit that alleged a major South Korean bank stole €8 billion ($8.73 billion), flagging what he said might have been fraud and other related misconduct by the bank's accuser.

  • November 12, 2019

    Clyde & Co. Nabs Legal Ethics Trio From Hinshaw

    Three seasoned professional responsibility and legal malpractice experts from Hinshaw & Culbertson LLP have jumped to Clyde & Co. LLP, the firm announced Tuesday.

  • November 12, 2019

    Feds Want Lawmaker's Atty DQ'd In Campaign Finance Case

    A law firm should be disqualified from representing U.S. Rep. Duncan D. Hunter in litigation over his alleged misuse of campaign contributions on vacations, extramarital affairs and other expenses, as the firm has also counseled witnesses in the case, the federal government has argued.

  • November 12, 2019

    Ind. Judges Suspended After Drunken White Castle Brawl

    The Indiana Supreme Court on Tuesday suspended three judges involved in a drunken fight and shooting outside an Indianapolis White Castle earlier this year, noting in the decision that the judges' actions "were not merely embarrassing on a personal level; they discredited the entire Indiana judiciary."

  • November 12, 2019

    WikiLeaks 'A Gift' To Trump Campaign, Gates Tells Stone Jury

    Former Trump campaign honcho Rick Gates testified Tuesday that the organization was thrilled to learn from Roger Stone about WikiLeaks’ plan to dump stolen emails to damage Democratic opponent Hillary Clinton, bolstering prosecutors’ case that Stone lied to Congress about not speaking to anyone in the campaign about the controversial anti-secrecy group.

Expert Analysis

  • A Broader View Of The US Supreme Court Bar

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    During the past 15 years, three widely read articles bolstered by starstruck media have promulgated the incorrect perception — sorely in need of revision — that the U.S. Supreme Court bar is limited to a handful of elite lawyers, says Lawrence Ebner of Capital Appellate Advocacy.

  • Opinion

    Jury Trials Are In Decline For Good Reason

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    A recent Law360 article reported on federal judges bemoaning jury trials' nationwide decline, but these laments are unfounded as jury trials have been replaced by better alternatives, says J.B. Heaton of J.B. Heaton Research.

  • Few Avenues To Protection For Foreign FCPA Whistleblowers

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    The Ninth Circuit's recent decision in Wadler v. Bio-Rad falls within a larger pattern of federal courts interpreting whistleblower protection statutes narrowly — especially when employees raise allegations about international business and potential Foreign Corrupt Practices Act violations abroad, say Daniel Wendt and Amelia Hairston-Porter of Miller & Chevalier.

  • Series

    Why I Became A Lawyer: A Circuitous Path To The Law

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    Instead of going to college after high school, I followed in my father’s footsteps and became an electrician. Later I became an electrical engineer, and then an IP attorney. Every twist and turn along the way has made me a better lawyer, says Joseph Maraia of Burns & Levinson.

  • Series

    Judging A Book: Conrad Reviews 'The Jury Crisis'

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    In "The Jury Crisis," jury consultant and social psychologist Drury Sherrod spotlights the vanishing jury trial, providing a fascinating canary-in-the-coal-mine warning for lawyers, litigants and society at large, says U.S. District Judge Robert Conrad of the Western District of North Carolina.

  • Revamping Your Approach To Client Development

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    As a former general counsel for both public and private companies, my advice to law firm attorneys who want to attract and keep clients is simple — provide certain legal services for free, says Noel Elfant, founder of General Counsel Practice.

  • What Lawyers Must Know Before Acting As Escrow Agents

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    The moment an attorney agrees to serve as an escrow agent for a client, the attorney assumes some of the most important obligations in the legal profession. Significantly, these obligations potentially extend to third parties who are not clients, say Scott Watnik and Michael Contos of Wilk Auslander.

  • Freelance Attorneys Are An Asset To In-House Legal Teams

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    With recent technological advances and a broader acceptance of flexible work arrangements, the opportunity for freelance attorneys is greater than ever, as is the value that this freelance workforce can create for companies, says Ben Levi of InCloudCounsel.

  • Book Excerpt

    'Big Tech' Questions Echo Early Days Of US Corporate Law

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    The current calls to curb the power of Google, Facebook and Amazon recall an earlier time in American history, when the “bigness” of oil, steel and tobacco was front and center in national politics. And in those debates, the top lawyers of the day had a major voice, says John Oller, author of the new book "White Shoe."

  • Avoid Getting Crossed Up By Cross-Appeals

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    Recent cases in Iowa, Pennsylvania and New York highlight the potential consequences of failing to file a cross-appeal, as well as the dangers of filing one unnecessarily, says Robert Wiygul of Hangley Aronchick Segal Pudlin & Schiller.

  • Setting The Record Straight On Women In Court Reporting

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    Today, 89 percent of court reporters are women, but I remember sitting behind my steno machine in the '80s and being asked by a judge if I, as a woman, would have the emotional fortitude to work a murder case, says Karen Santucci, chairwoman of the Plaza College court reporting program.

  • Opinion

    Limiting Supreme Court's Size Is Not Enough

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    The proposal by Sen. Marco Rubio, R-Fla., for a constitutionally mandated nine-justice U.S. Supreme Court does not address any of the well-known problems with the current system — problems that could be solved through a nonpartisan package of reforms, says Gordon Renneisen of Cornerstone Law Group.

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

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