Legal Ethics

  • November 15, 2019

    Firm Rips CFPB's 'End-Run' Around Constitutional Challenge

    The Consumer Financial Protection Bureau’s recent move to scrap a lawsuit seeking to enforce a civil investigative demand against a New York debt collection law firm has been slammed by the firm as a head fake designed to prevent a New York federal judge from ruling on a constitutional challenge to the agency.

  • November 15, 2019

    Judge Says No Way To Billionaire's Pro Se In Sex Battery Trial

    Billionaire Alki David stormed loudly out of a Los Angeles courtroom Friday after a judge revoked his right to represent himself against accusations of sexual battery, finding he'd committed misconduct and obstructed the proceedings as the trial entered its second day.

  • November 15, 2019

    Neil Bush Met 'Cryptoqueen,' Got $300K, Ducks Subpoena

    A Manhattan federal court learned that Neil Bush, son of a U.S. president and brother to another, was paid $300,000 to attend a meeting involving cryptocurrency founder and current fugitive Ruja Ignatova, known as "Cryptoqueen," a failed subpoena bid revealed on Thursday.

  • November 15, 2019

    Kansas Top Court Revives Suit Over Attorney's Elder Abuse

    The Kansas Supreme Court on Friday ordered a new trial in a suit claiming that a wealth management company allowed one of its employees, a now-disbarred attorney, to commit elder abuse, saying the trial court issued improper jury instructions.

  • November 15, 2019

    Indivior Can't Duck Opioid Marketing Fraud Indictment

    Indivior can’t shed an indictment alleging it engaged in fraudulent opioid marketing just because prosecutors gave a grand jury evidence about a doctor’s unrelated fraud convictions, a Virginia federal judge has ruled, saying the company’s concerns about guilt by association were overstated.

  • November 15, 2019

    Undo $59M CFPB Award Pending High Court Cases, Attys Say

    The principals of two mortgage relief law firms targeted in a Consumer Financial Protection Bureau lawsuit have asked a Wisconsin federal judge to take back a $59 million judgment he awarded the agency to end the case, a conclusion they said could be upended by two pending U.S. Supreme Court appeals.

  • November 15, 2019

    AGs Used Privileged Doc Again In Price-Fix Case: Pharma Co.

    Heritage Pharmaceuticals has told a Pennsylvania federal court that a group of states and territories led by Connecticut included a privileged email in the latest complaint filed in the sprawling generic-drug price-fixing litigation, even after the company tried to claw the document back.

  • November 15, 2019

    Judge Exits Job Dismissal Case After Revealing Ties To Ford

    An Illinois federal judge has recused himself from a case in which an ex-Ford Motor Co. employee is challenging her dismissal involving an arbitrator with ties to the company, after the judge disclosed he also has personal connections to the automotive giant.

  • November 15, 2019

    SEC's Cognizant Bribe Suit Paused Amid Criminal Case

    A New Jersey federal judge cited the risk of conflicting rulings in pausing a U.S. Securities and Exchange Commission suit against the former president and chief legal officer of Cognizant Technology Solutions Corp. over an alleged bribery scheme until a related criminal case is resolved.

  • November 15, 2019

    Battery Co. Fights Sanctions Bid In $100M Trade Secret Case

    A company that helps computer centers maintain uninterrupted power has said it shouldn’t face sanctions or the dismissal of its trade secrets case against a former business partner because any discovery-related issues were at worst due to disorganization and were not “extraordinary in volume and breadth.”

  • November 15, 2019

    Donziger Still A Flight Risk, Judge-Appointed Prosecutor Says

    Embattled attorney Steve Donziger remains a flight risk and shouldn’t get his home confinement restrictions loosened as he faces contempt charges, a court-appointed prosecutor told a New York federal court in recent days.

  • November 15, 2019

    Feds Will Appeal Block Of Migrant Child Detention Regulations

    The Trump administration has told a California federal judge that it plans to appeal her order blocking regulations that would do away with time limits on detaining immigrant minors.

  • November 15, 2019

    Jury Convicts Trump Ally Roger Stone On All Counts

    A D.C. federal jury found former Trump campaign adviser Roger Stone guilty Friday of all seven felony charges of lying to Congress about his connections with WikiLeaks, witness tampering and obstructing a congressional committee's probe into Russian interference in the 2016 U.S. presidential election.

  • November 14, 2019

    Law Firm's Nondisparagement Pact Illegal, NLRB Memo Says

    Missouri-based Stange Law Firm PC imposed an illegal nondisparagement agreement on employees and would have violated federal labor law if it kept pursuing legal action over negative online job reviews, the National Labor Relations Board general counsel’s office said in a new guidance memo.

  • November 14, 2019

    Billionaire Delivers Bombastic Opening In Sex Battery Trial

    Facing his fourth civil trial this year in which a former employee is alleging sexual battery and the second representing himself, billionaire Alki David delivered a bombastic opening statement Thursday as his accuser cowered several feet away, hiding her face in her arms.

  • November 14, 2019

    Liebowitz's Attorney Pleads For Leniency Over Lies To Judge

    Weeks after a federal judge threatened to imprison lawyer Richard Liebowitz for lying about the death of his grandfather, a criminal defense attorney and family friend sent the judge a letter begging her to forgive the embattled copyright litigator for his “inexcusable falsity.”

  • November 14, 2019

    Pryor Cashman Settles Ex-Associate's Age Bias Suit

    Pryor Cashman LLP has reached a deal to end an age discrimination suit brought by a former associate who said he was wrongly sacked after 18 years, according to an order a New York federal judge filed Thursday.

  • November 14, 2019

    Fla. Judge Scolded For 'Inappropriate' Conduct At Murder Trial

    The Florida Supreme Court ordered Thursday a public reprimand for a state judge for inappropriate behavior in two cases, including telling a murder defendant during his sentencing hearing that she hoped he would "fight for his life every minute" or die within the next six weeks.

  • November 14, 2019

    Stone Jury Asks If WikiLeaks Contact Claim Is Testimony

    A D.C. federal jury deciding the fate of former Trump campaign adviser Roger Stone ended its first day of deliberations Thursday with two written questions, including one appearing to indicate that jurors are wrestling over whether the longtime Republican operative lied that a liberal talk show host was his intermediary with WikiLeaks.

  • November 14, 2019

    Atlanta Atty, Ex-Investment Cos. GC Cops To $40M Fraud

    An Atlanta-based attorney who served as general counsel to several Georgia companies that bought life insurance policies and subprime vehicle loans has pled guilty in federal court to conspiring to defraud investors of more than $40 million, prosecutors have announced.

  • November 14, 2019

    Munger Tolles Blasts DOJ's DQ Bid In Sprint-T-Mobile Suit

    Munger Tolles & Olson LLP, the firm helping a contingent of states challenge Sprint and T-Mobile's planned merger, told a New York federal court on Thursday that the U.S. Department of Justice's bid to disqualify it comes too late and is devoid of merit.

  • November 14, 2019

    Pa. Firm Sent Ex-Client To Lawyer To Sue It For Negligence

    Pennsylvania law firm Conner Riley Friedman & Weichler has been accused of missing the deadline for filing a personal injury suit against a Gannon University student’s ex-roommate, but did recommend to her a lawyer who could sue the firm, according to the negligence suit made public Wednesday in Pennsylvania state court.

  • November 14, 2019

    Sbarro Worker's Attys Fight Sanctions Bid In Sex Abuse Suit

    Attorneys for a woman who claims she was the victim of a "new form of American sex slavery" while working at a Sbarro pizzeria have urged a Nevada federal court to toss a sanctions bid against them for accusing a human resources director of participating in the abuse.

  • November 14, 2019

    Timeshare Biz Sues Firm Over Promises To Contract Owners

    Timeshare company Bluegreen Vacations has slapped a Missouri law firm with a false advertising lawsuit in Florida federal court, claiming it can’t legally make good on its promise to help share owners cancel their timeshare contracts.

  • 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.

Expert Analysis

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Opinion

    Trump Adviser's Influence Should Sound Alarm In DACA Case

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    Next week, the Trump administration goes before the U.S. Supreme Court to support its cancellation of the Deferred Action for Childhood Arrivals program, but the troubling record of immigration adviser Kris Kobach should raise concerns about how legally sound the administration’s case will be, says Liz Mair of Mair Strategies.

  • 9th Circ. Ruling Stresses Need For Arbitrator Bias Disclosures

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    Following the Ninth Circuit's recent ruling in Monster Energy v. City Beverages, arbitrators should consider whether to amend disclosures concerning potential conflicts of interest to meet the court's hypertechnical, but not wholly illogical, partiality standard, says Dustin Hecker at Arent Fox.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Quid Pro Quo 101

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    As three House committees investigate allegations that President Donald Trump sought assistance from Ukraine in the upcoming election, the phrase “quid pro quo” is having a moment; its meaning, however, is limited and specific in federal crimes involving graft, says Luke Cass at Quarles & Brady.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Where Law Firm Partners Go When Changing Jobs

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    We reviewed 177 law firm partners' job changes from the last seven years and discovered some migration patterns and gender dynamics, say James Bailey of the George Washington University School of Business and Jane Azzinaro of Cognizant.

  • 3 Ways To Leverage Vulnerability For Lawyer Well-Being

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    Admitting to imperfection is an elusive construct in the legal industry, but addressing this roadblock by capitalizing on vulnerabilities can increase personal and professional power, says life coach and attorney Julie Krolczyk.

  • High Court FDCPA Case Faced Uphill Battle From The Start

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    At U.S. Supreme Court arguments in Rotkiske v. Klemm last week, divergent views on the Fair Debt Collection Practices Act’s statute of limitation for the common law discovery rule emerged, and questions from the justices suggest the plaintiff’s waiver of the equitable tolling doctrine at the lower court level was the death knell for his case, say attorneys at Reed Smith.

  • New Data Shows BigLaw's True Profitability

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    Based on an analysis adjusting BigLaw operating income and revenue to account for equity partners and taxes, the profitability of firms is lower than commonly thought, says Madhav Srinivasan at Hunton.

  • Opinion

    Courts Keep Rejecting Litigation Funding Discovery Campaign

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    As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

  • How Emotionally Intelligent AI Could Assist With E-Discovery

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    While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.