Legal Ethics

  • March 11, 2024

    3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks

    Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.

  • March 11, 2024

    Forex Firm Wants CFTC Sanctioned For 'Bad Faith' Behavior

    A foreign exchange firm accused by the U.S. Commodity Futures Trading Commission of defrauding customers is calling on a New Jersey federal judge to sanction the agency for a "pattern of misconduct" that includes knowingly submitting false statements to the court and attempting to intrude on attorney-client privilege.

  • March 11, 2024

    3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling

    The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.

  • March 11, 2024

    Fla. Judge Says Campaign Speech Didn't Violate Ethics Rules

    A Florida state court judge charged with ethics violations is attempting to stop a disciplinary panel from presenting evidence that a speech she made during a campaign against a rival in 2022 violated the Florida Code of Judicial Conduct, saying that it's protected by the First Amendment.

  • March 11, 2024

    Atty For Alex Jones' Infowars Gets OK To Bow Out Of Case

    A Texas bankruptcy judge on Monday approved a request by the lead attorney for Alex Jones' media company to step away from work on its Chapter 11 case following disputes with the debtor's chief restructuring officer, who the lawyer said withheld pay in retaliation for the conflict.

  • March 11, 2024

    Judge Blasts Instagrammer's Bid To Upend $1.6M Ruling

    A lifestyle brand headed by Instagram celebrity Dan Bilzerian could face sanctions should it continue to recycle arguments for why it shouldn't be forced to pay a $1.6 million judgment to a consulting firm it was accused of cheating, a Nevada federal judge warned in an order denying the brand's motion for reconsideration.

  • March 11, 2024

    DC Circ. Probes Gov't Trial Strategy For Ex-HUD Official

    A former assistant inspector general for the U.S. Department of Housing and Urban Development who is urging the D.C. Circuit to toss his conviction for falsifying government documents seemed to get a sympathetic ear from at least one judge during oral arguments on Monday.

  • March 11, 2024

    Atty, Marketing Biz Knock Call To Continue Hurricane Ad Suit

    A legal advertising company and an attorney are objecting to a Texas federal judge's recent decision in favor of a woman pressing class claims over legal advertising to Louisiana hurricane victims, arguing that the woman still hasn't shown concrete injury.

  • March 11, 2024

    Ga. Panel Finds $43M Trust Not On Hook For Legal Fees

    The Georgia Court of Appeals rejected a request from beneficiaries of a $43 million furniture fortune, finding on Monday that the trust's ex-trustees should not be saddled with attorney fees and litigation costs while the trust's beneficiaries sued them for allegedly mishandling the trust and overpaying themselves.

  • March 11, 2024

    Ethics Watchdog Eyes Conn. Atty Who Slapped Lawyer

    A Connecticut lawyer who has faced previous disciplinary actions is expected to be scrutinized by an ethics panel after being convicted of slapping an attorney outside a Nutmeg State courthouse and other criminal infractions.

  • March 11, 2024

    SEC Can't Rely On 'Flawed' Ruling To Avoid Retrial, Atty Says

    A Connecticut lawyer facing retrial in a securities fraud case told the First Circuit that the U.S. Securities and Exchange Commission can't lean on a summary judgment finding that was also flawed.

  • March 11, 2024

    Woodsford Affiliate Prevails In Fee Feud With SF Firm

    An affiliate of British litigation funder Woodsford has secured a $1.8 million arbital award and $1.2 million in interest from a San Francisco law firm following the 2019 settlement of a lawsuit against Google, a Delaware federal judge confirmed Monday.

  • March 11, 2024

    Trump Wants NY Trial Paused As Justices Weigh Immunity

    Donald Trump asked a New York judge to pause his hush-money case to await a U.S. Supreme Court ruling in a separate case on whether he is shielded from criminal charges by presidential immunity.

  • March 11, 2024

    Magnet Co. Says Feds' Leak On PACER Bars ITAR Charges

    A rare-earth magnets manufacturer and executives facing an April criminal conspiracy trial asked a Kentucky federal judge Monday to trim charges that they violated the International Traffic in Arms Regulations by sending sensitive technical data to a Chinese company, arguing that prosecutors recently disclosed the allegedly sensitive materials in court filings.

  • March 11, 2024

    Philly DA Can't Escape Sanctions Over Lack Of Candor

    A Third Circuit panel has ruled that Philadelphia's district attorney, Larry Krasner, must apologize to the family of two 1984 murder victims after his office was less than forthcoming in proceedings over post-conviction relief sought by one of the killers.

  • March 11, 2024

    Ex-K&L Gates Atty Wants Out Of Prison In Cyberstalking Case

    A former K&L Gates LLP partner sentenced to two years in prison for cyberstalking and harassing his colleagues has moved for compassionate release seven months before his release date, citing his deteriorating health and poor living conditions behind bars.

  • March 11, 2024

    Burford, Sysco Can't Swap In Price-Fixing Suits, Court Told

    A magistrate judge was right to point to the underlying facts and public policy when denying an attempt to substitute a Burford Capital affiliate for Sysco in sprawling price-fixing lawsuits against pork and beef producers, the beef producers told a Minnesota federal court.

  • March 11, 2024

    Fla. Tax Law Firm Fights Class Cert. In Wisconsin Fraud Row

    A Florida-based tax law firm has asked a Wisconsin federal judge to trim a proposed class action fraud suit launched by former customers claiming the firm solicited fees without performing work.

  • March 11, 2024

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery became a hot topic in New Orleans last week as litigators and judges at an annual convention acknowledged the First State's corporate law preeminence is under scrutiny. Back home, the court moved ahead on disputes involving Meta Platforms, Abercrombie & Fitch and Donald Trump.

  • March 08, 2024

    Feds Slam Trump's Immunity Bid In Classified Docs Case

    The Special Counsel's Office has taken aim at former President Donald Trump's various attempts to dodge criminal allegations in Florida that he mishandled classified documents, in particular criticizing his "frivolous" presidential immunity argument as nothing more than a delay tactic.

  • March 08, 2024

    Trump 'An Existential Threat' To Rule Of Law, Attys Warn

    Former President Donald Trump represents an "existential threat" to democracy and the rule of law, legal experts said Friday at a conference on white collar crime in San Francisco.

  • March 08, 2024

    No Sanctions Yet For 'Wrong More Than Right' BigLaw Atty

    A Harris County judge on Friday denied a Houston firm's request to sanction a former associate despite noting that the now-BigLaw partner "has been wrong more than he's been right" during a suit he brought over $32,000 in back wages.

  • March 08, 2024

    Ex-DA Heads Into Trial On Bribe-Induced Prosecution Charges

    A former top prosecutor will soon head to trial in Honolulu federal court over charges that a CEO funded his re-election campaign in exchange for the filing of baseless charges targeting an enemy of the donor, putting before a jury the claim that an officer of the court abused his power to threaten a citizen's liberty.

  • March 08, 2024

    NJ Firm Resolves Former Atty's Gender, Race Bias Suit

    Brach Eichler LLC told a New Jersey federal court Friday it had agreed to end a Hispanic former attorney's lawsuit alleging she was treated worse than white male colleagues and targeted for a layoff under the guise of financial difficulties.

  • March 08, 2024

    Fed. Circ. Argues Judge Newman's Ethics Law Challenge Fails

    A D.C. federal judge must reject suspended U.S. Circuit Judge Pauline Newman's challenge to the Judicial Conduct and Disability Act, as her constitutional arguments are too limited, the Federal Circuit Judicial Council said Friday.

Expert Analysis

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

  • Noncompetes Hold Atty Privilege Pitfalls For Health Industry

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    Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Opinion

    Guardrails Needed Against Politically Motivated Atty Discipline

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    As illustrated by revelations about disbarred attorney Tom Girardi’s influence, there is a need to revamp attorney discipline to protect the public, but any reforms to misconduct rules must also consider how bar-directed disciplinary hearings are increasingly used as a political weapon, says Deborah Winokur at Cozen O'Connor.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Durham Hearing Shows Common Cross-Examination Errors

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    Trial attorneys can glean several key cross-examination lessons from the mistakes made by several members of the U.S. House of Representatives during a recent hearing on special counsel John Durham’s FBI probe, say Luke Andrews and Asha Laskar at Poole Huffman.

  • Opinion

    When Corporate Self-Disclosure Threatens Individuals' Rights

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    The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

  • Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert

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    Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

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    William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

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