Legal Ethics

  • April 03, 2020

    Judge OKs $4.7M Atty Award, Citing Opponent's Legal Bill

    A California federal judge on Friday reduced a $50.4 million antitrust judgment against a Chinese telescope maker by $3.1 million, but awarded the rival plaintiff's counsel $4.7 million in fees and costs, pointing to the fact that Sheppard Mullin's defense bill was roughly twice the amount.

  • April 03, 2020

    SEC Rips Boutique Firm’s Bid For $3M From EB-5 Receiver

    The U.S. Securities and Exchange Commission told a California federal judge that a boutique law firm is trying to get $3 million in fees from the receivership estate for an EB-5 investment fraud scheme simply for getting the receiver appointed.

  • April 03, 2020

    Atty Fights 'Farce' DQ Bid In Investors' $3.1M Fraud Suit

    An attorney representing a woman accused by investors of helping run a $3.1 million securities fraud scheme told a Florida federal court Thursday that a request to disqualify him over an alleged conflict of interest is "nothing more than a farce."

  • April 03, 2020

    PennEnergy Says Judge Has No Conflict In Gas Lease Suits

    Oil and gas driller PennEnergy says a Pennsylvania state court judge wasn’t biased in its favor because she had sold off her family trust’s gas lease with the company months before PennEnergy brought two cases related to disputes with its fellow gas developer Winfield Resources LLC before her.

  • April 03, 2020

    Securities Atty Fights ‘Too Severe’ SEC Judgment Request

    A Manhattan securities attorney accused by the U.S. Securities and Exchange Commission of playing a role in a pump-and-dump scheme tried to persuade a federal judge Friday that he doesn’t deserve judgment as drastic as the terms the SEC suggested.

  • April 03, 2020

    Fla. Atty Sanctioned In Wyndham Timeshare Exit Scheme Suit

    A Florida federal judge on Thursday granted timeshare operator Wyndham’s request for sanctions against a Florida lawyer representing several so-called timeshare exit companies, finding him responsible for his clients’ monthslong defiance of an order to produce evidence in the parties’ false-advertising litigation.

  • April 03, 2020

    Fox Rothschild Says Ex-Aide's Sex Bias Suit Not Tied To NY

    Fox Rothschild LLP urged a New York federal judge Friday to toss a former legal aide's suit claiming a former firm attorney tried to rape her, arguing her claims are time-barred and that her allegations of any New York-based abuse are "demonstrably false."

  • April 03, 2020

    Trucking Firms Blast Lead Counsel Bid In No-Poach Action

    Trucking companies battling drivers' no-poach allegations have panned a lead counsel bid by the four firms representing the former employees, arguing the firms are just angling to win the top spot if the suit is combined with a related dispute.

  • April 03, 2020

    InventHelp Judge Won't Consolidate 'Copycat' Fraud Suit Yet

    A Pennsylvania federal magistrate judge denied a bid from Oxman Law Group and Kirby McInerney to consolidate an alleged "copycat" of their fraud case against InventHelp, saying Friday that since the lawsuit filed by Berger Montague is awaiting a ruling on a motion to dismiss, consolidation might be moot.

  • April 03, 2020

    Ex-Morgan Stanley Tax Convict Seeks Release Due To Virus

    A former Morgan Stanley attorney serving time in a federal prison for evading $45 million in taxes has asked a New York federal judge for early release to protect himself from the harmful effects of the novel coronavirus outbreak.

  • April 03, 2020

    9th Circ. Says 'Bureaucratic Nightmare' Immigrant Atty's Fault

    The Ninth Circuit on Thursday granted a British immigrant's request to review a Board of Immigration Appeals decision that denied her permanent resident status, saying she can’t be faulted for her lawyer’s mistake that got her stuck in a 14-year-long “bureaucratic nightmare.”

  • April 03, 2020

    MoFo Can Dig Into Sex Bias Accusers' Employment Records

    The California magistrate judge overseeing discovery in a gender discrimination suit against Morrison & Foerster LLP said the firm can demand its accusers’ performance records from Linklaters, where one now heads the U.S. fintech practice, and Freshfields, where the other was an associate.

  • April 02, 2020

    Feds Say Legal Fraudster's Cough Isn't Enough To Leave Jail

    Being afraid of contracting the novel coronavirus because of an unsubstantiated “consistent cough” should not be enough to spring a convicted fraudster from a New Jersey jail as he awaits sentencing on charges he and his then-wife defrauded Willkie Farr & Gallagher LLP, Hunton & Williams LLP and MasterCard Inc. in a $7.8 million scheme, prosecutors argued Thursday.

  • April 02, 2020

    Ex-Partner Says Billet & Associates Kept His $30K Investment

    Philadelphia-based law firm Billet & Associates LLC refused to repay an attorney $30,000 he invested to become an equity partner before negotiations broke down over the terms of their operating agreement, according to a lawsuit moved to Pennsylvania federal court Thursday.

  • April 02, 2020

    O'Melveny Escapes Bankruptcy Claims After Arbitration Win

    A California federal judge on Wednesday tossed fraudulent transfer claims against O'Melveny & Myers LLP in a malpractice suit brought by the Chapter 7 trustee for Aletheia Research and Management after she previously confirmed an arbitration award absolving the law firm of negligence claims.

  • April 02, 2020

    Eli Lilly Says Genentech Owes $10M In 'Unwinnable' Suit Fees

    Genentech knew it had no case when it accused Eli Lilly in California federal court of infringing its patent through the sale of a psoriasis drug, the latter said Wednesday in a bid to get Genentech to cover the $10 million it spent on attorney fees while fending off the suit.

  • April 02, 2020

    Level Solar Principal Says Faber Secretly Entrenched CEO

    A principal in solar panel company Level Solar on Thursday accused former company counsel Faber Daeufer & Itrato of working in secret to entrench the ex-CEO of the company on its board, enabling his looting and mismanagement of the now-bankrupt corporation.

  • April 02, 2020

    Pa. Attorney Wins Meat Grinder Injury Malpractice Suit

    A Pennsylvania appeals court on Thursday shot down a suit by a woman alleging her attorney botched claims that she'd been injured by a defective meat grinder by waiting too long to file, saying she was unable to show that she would have had a viable personal injury case even if he had filed on time.

  • April 02, 2020

    COVID-19 Financial Storm Lashing Settlement Deals

    With the economic tsunami of the pandemic starting to take shape, lawyers' phones are ringing with requests from opposing parties to delay their clients' scheduled settlement payments or to reopen talks on already-signed deals.

  • April 02, 2020

    Litigation Funder Blasts Atty's Bid To Skirt $6M Loan

    A litigation funding company told a Texas state court Wednesday a law firm that allegedly defaulted on a $6 million loan offered only “threadbare, conclusory arguments” in a bid to escape liability and did so too late.

  • April 02, 2020

    Ex-Sobo Atty Watched Porn Of Himself At Work, Suit Says

    A former Sobo & Sobo LLP associate hit the firm with a sexual harassment suit in federal court Thursday claiming it “did nothing” after she saw one of its lawyers watching pornographic videos of himself at work and walking throughout the office with his pants zipper down.

  • April 01, 2020

    Napoli Shkolnik Seeks To Duck Negligence Bid

    Napoli Shkolnik PLLC has urged a Minnesota federal court to toss claims that it owes a woman approximately $750,000, arguing she has failed to establish that a now-dissolved firm failed to introduce certain medical records in underlying litigation against Toyota.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    Reprimand Recommended For Judge's Decade Of Misconduct

    A disciplinary panel has recommended a public reprimand for a Florida state judge who acknowledged he violated the state’s code of judicial conduct over the past decade by engaging in improper communications outside of court and routinely holding first-appearance hearings and setting bonds without input from parties.

  • April 01, 2020

    Hemp Co. CEO Hit With Sanctions In SEC Fight

    A Nevada federal judge on Tuesday overruled objections to a sanctions order against an industrial hemp company CEO and the company's co-principal in a U.S. Securities and Exchange Commission lawsuit alleging they ran a scheme to illegally sell unregistered shares to the public.

Expert Analysis

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • BigLaw Leaders Must Prepare For COVID-19 Economic Fallout

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    The financial impact of COVID-19 is already starting to ripple through law firms in the form of diminished demand and time entry. A few lessons from the 2008 financial crisis and some new ideas can help firm leaders navigate the storm, says Peter Zeughauser at Zeughauser Group.

  • 3 Ways Leaders Can Improve Remote Work For Lawyers

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    Remote working doesn’t work when people feel they must apologize for or hide it, and lawyers often feel that way — even in unavoidable, disaster-related scenarios like we see with the pandemic today, says David Pierce at Axiom.

  • Tips For Online Mediation In The Age Of Social Distancing

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    While mediating via an internet conferencing platform during the COVID-19 crisis, remember that visual interactions are of vital importance. A simple phrase can be transformed into a sincere inquiry, a shocked response or a sarcastic put-down depending upon how we visually convey that message, says mediator Sidney Kanazawa at ARC.

  • A Work-From-Home Tech Checklist For Law Firms

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    With law firms across the country implementing policies to ensure the safety of attorneys and staff and prevent the spread of coronavirus, Andrew Russell at Shaw Keller shares some tips for firms, particularly smaller firms, that may be transitioning to remote work now or in the coming days.

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