Legal Ethics

  • September 18, 2019

    2 Crypto Consultants Accused Of $13M Extortion Plot

    The CEO of blockchain consulting company Alchemist LLC and his associate were charged Wednesday with extorting a cryptocurrency startup for $13.2 million in digital currency.

  • September 18, 2019

    J&J Talc Supplier Given Time To Negotiate Insurance Deal

    Johnson & Johnson talc supplier Imerys Talc America Inc. told a Delaware bankruptcy judge Wednesday that it would continue negotiations with tort claimants to get a consensual agreement on a $7.2 million settlement with insurance providers paying defense costs in thousands of personal injury suits.

  • September 18, 2019

    Ex-Arms Dealer Hit With Sanctions Bid In Memoir IP Suit

    The co-writer of the memoir "Once a Gun Runner" who is embroiled in a copyright dispute with the book's subject — a former international arms dealer — over ownership of the work, told a Florida federal court Tuesday it should sanction the former arms dealer and his attorneys for continuing to pursue the case in federal court.

  • September 18, 2019

    Argentine Atty Retools Claims In Uber Debut Fight

    An Argentine lawyer has repurposed his suit alleging Uber made him the scapegoat for its problem-plagued Buenos Aires launch in 2016, insisting he had an attorney-client relationship with the Silicon Valley ride-hailing giant so the company is liable for treating him as collateral damage.

  • September 18, 2019

    Ill. Atty Offered Client $10K For Botching Suit, Board Says

    An Illinois attorney is facing an 18-month suspension after a state hearing board found she improperly offered her client $10,000 to try to settle a potential malpractice claim after she missed the statute of limitations for filing his personal injury suit.

  • September 18, 2019

    Judge OKs $3M Fee Bid In BNY Mellon Settlement

    A Massachusetts federal judge has approved a $3.33 million attorney fee for class counsel in a $10 million settlement with Bank of New York Mellon Corp. over alleged excessive charges, although it remained unclear whether the lead plaintiff's personal lawyer would get a cut.

  • September 18, 2019

    Revive Richards Layton Malpractice Case, Del. Justices Told

    A software company attorney told three Delaware Supreme Court Justices Wednesday that a lower court wrongly calculated the statute of limitations claim cutoff in dismissing a more-than-$67 million appraisal case malpractice suit against Richards Layton & Finger PA.

  • September 18, 2019

    Ark. Wants 'Biased' Judge Tossed From All State Cases

    The state of Arkansas and other state agencies have asked the Arkansas Supreme Court in an emergency petition to remove an allegedly "biased" judge from an administrative appeal involving a medical marijuana farm and from all other cases involving the state

  • September 18, 2019

    Jailed Lawyer Exploring Plea Deal In EY Tax Shelter Case

    A lawyer jailed in Manhattan on charges of helping four former EY partners develop fraudulent tax shelters and failing to report $8 million of tax liability is eyeing a possible guilty plea, according to a Tuesday court filing.

  • September 18, 2019

    Opioid 'Negotiation Class' Justifies DQ Bid, Distributors Say

    Drug distributors and pharmacies continued to press their surprise effort to disqualify the judge overseeing the opioid multidistrict litigation, saying his recent approval of a novel negotiation class merits their last-minute play.

  • September 18, 2019

    JPMorgan Can Sanction Korte & Wortman For 'Frivolous' Suit

    A Florida federal judge on Wednesday granted JPMorgan Chase’s bid to sanction law firm Korte & Wortman PA in a suit accusing the bank of violating federal real estate law, calling the action “frivolous” and finding the firm should have investigated the claim before filing suit.

  • September 18, 2019

    Plaintiffs In Tire Plant Suit Sanctioned For Discovery Failures

    An Oklahoma federal judge said a group of property owners and their lawyers who lodged a chemical contamination suit against Michelin North America and B.F. Goodrich Company have “ignored” discovery duties and will be sanctioned.

  • September 18, 2019

    Attys Say SEC Can't Tie Firm To Sham PixarBio Merger

    Four lawyers and a real estate agent have told a Massachusetts federal judge that the SEC can't directly tie them to an alleged sham merger between the embattled biotech business PixarBio and a supposed shell company.

  • September 17, 2019

    Blank Rome Says It's Not Liable In $9M Severed Leg Case

    Blank Rome LLP on Tuesday asked a New Jersey federal judge to toss a suit accusing the firm of botching an appeal in litigation over a highway crash in which a woman lost a leg, arguing that as successor counsel it can't be held liable just because it didn't correct the failures of the firm that handled the suit in the trial court.

  • September 17, 2019

    Feds Won't Defend CFPB's Structure At High Court

    The federal government on Tuesday urged the U.S. Supreme Court to review the Consumer Financial Protection Bureau's leadership structure, saying even the agency's head now agrees that a restriction limiting the president's ability to fire her is unconstitutional.

  • September 17, 2019

    NJ Judge Can't Pause Hostile Work Suit Amid Disability Bid

    A New Jersey federal judge on Tuesday denied a state court judge’s request to pause her hostile work environment suit seeking to qualify for permanent disability, ruling that the judge's disability status would not be relevant to the suit.

  • September 17, 2019

    Mass. Judge Indictment 'Shatters' State Power, Law Profs Say

    A group of 15 law professors from around the country filed an amicus brief Tuesday in support of a Massachusetts state judge accused of helping a man escape federal immigration authorities, saying the case "shatters" the balance of power between state and federal government.

  • September 17, 2019

    Quinn Emanuel Wants Out Of $8.9M Arbitration Award Row

    Quinn Emanuel urged a California federal judge on Monday to let the firm withdraw as counsel for a broke Indian yarn company that was ordered to pay $8.9 million to two U.S. cotton suppliers after an unsuccessful antitrust suit against them.

  • September 17, 2019

    Arnold & Itkin Accuses Atty Of Stealing Reality TV Client

    Houston law firm Arnold & Itkin has sued a Texas attorney for allegedly poaching a client who lost fingers after working on a fishing boat in a reality TV show and filed a case against the production company and others.

  • September 17, 2019

    Fed. Court Leaders Revamp Plan For Misconduct Complaints

    In their latest #MeToo-era move, federal court leaders on Tuesday approved a new-and-improved process for addressing employee complaints of sexual misconduct and workplace discrimination.

  • September 17, 2019

    Calif. Immigration Judge Fined For Pro-Democrat Statements

    An administrative law judge has fined a former immigration judge $1,000 and barred her from federal service for 2½ years for openly criticizing the Republican Party's approach to immigration policy from the bench during the runup to the 2016 general election.

  • September 17, 2019

    Flaws In 2007 UK Legal Reform Spark Call For More Changes

    Shortcomings stemming from the regulatory structure of legal services created 12 years ago in the United Kingdom, including confusion about who is regulated and an inconsistency between consumer expectations and the breadth of protection, should spur additional reforms, according to an interim report published Tuesday by University College London.

  • September 17, 2019

    Don't Let Atty Sidestep Revoked Admission, Ill. Court Urged

    A man bringing a product liability suit against a metals manufacturer is trying to go around court orders blocking his former lawyer from practicing in Illinois federal court by seeking to transfer the suit back to California federal court, the manufacturer said Monday.

  • September 17, 2019

    Weil Was Upfront About Repping Insys In Ch. 11, Atty Says

    Weil Gotshal & Manges LLP was upfront with a former Insys Therapeutics Inc. executive when the firm was also called upon to represent his former company in bankruptcy proceedings, a firm partner said Monday in an affidavit, pushing back on the executive's claim that he was in the dark about the potential conflict.

  • September 17, 2019

    Feds Escape Bias Suit Over ALJ Hiring Process

    The U.S. Office of Personnel Management has ducked the racial discrimination suit of an attorney who contended that the agency’s selection process for administrative law judges illegally discriminated against black applicants.

Expert Analysis

  • Series

    Pursuing Wellness: When A Firm Brings Counseling On Site

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    One year ago, our firm signed the American Bar Association's well-being pledge and embraced a commitment to providing on-site behavioral health resources, which has since become a key aspect of our well-being program, say Meg Meserole and Kimberly Merkel at Akin Gump.

  • Series

    Pursuing Wellness: Inside A Firm Meditation Program

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    After our firm signed the American Bar Association’s well-being pledge one year ago, we launched two key programs that included weekly meditation sessions and monthly on-site chair massages to help people address both the mental and physical aspects of working at a law firm, says Marci Eisenstein at Schiff Hardin.

  • Early Sampling Of Electronic Info Is Underutilized In Discovery

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    The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

  • The Factors Courts Consider In Deposition Location Disputes

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    In the absence of a federal rule governing deposition location, federal courts are frequently called on to resolve objections to out-of-state deposition notices. Recent decisions reveal what information is crucial to courts in making the determination, says Kevin O’Brien at Porter Wright.

  • What To Consider Before Filing For A Rule 57 Speedy Hearing

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    Federal Rule of Civil Procedure 57 and its state counterparts provide a method for expediting claims for declaratory judgment that warrants closer attention than it has historically received from litigants and courts, say attorneys at Gibson Dunn.

  • Series

    Why I Became A Lawyer: Expanding The Meaning Of Diversity

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    My conservative, Catholic parents never skipped a beat when accepting that I was gay, and encouraged me to follow my dreams wherever they might lead. But I did not expect they would lead to the law, until I met an inspiring college professor, says James Holmes of Clyde & Co.

  • How The Wayback Machine Can Strengthen Your Case

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    The Wayback Machine, which archives screenshots of websites at particular points in time, can be an invaluable tool in litigation, but attorneys need to follow a few simple steps early in the discovery process to increase the odds of being able to use materials obtained from the archive, says Timothy Freeman of Tanenbaum Keale.

  • Opinion

    Draft Civil Procedure Jurisdictional Rule Needs A Tweak

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    The Judicial Conference Advisory Committee’s proposed addition to Federal Rule of Civil Procedure 7.1 needs to be amended slightly to prevent late-stage jurisdictional confusion in cases where the parties do not have attributed citizenship, says GianCarlo Canaparo at The Heritage Foundation.

  • New Insights On Privilege, Ethics Duties For In-House Attys

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    A New York federal court's recent decision in Fischman v. Mitsubishi Chemical Holdings dispels the notion that in-house legal advisers are prohibited from using information about their employers in pursuing discrimination claims against them, says Jessica Westerman at Katz Marshall.

  • New Best Practices Under E-Discovery Spoliation Rule

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    The amended Federal Rule of Civil Procedure 37(e) provides explicit criteria for imposing sanctions when electronically stored information has been lost during discovery, but courts are still not consistently applying the new rule, with some simply ignoring it in favor of inherent authority, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • How Law Firms Can Create Content Decision Makers Will Read

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    According to our recent survey, the one simple attribute that attracts both in-house counsel and C-suite executives to content is utility, but it’s also clear that both groups define utility differently and prefer different content types, says John Corey of Greentarget.

  • Opinion

    Limits Of Justice System Prevent Scrutiny Of Gender Bias

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    A Jane Doe plaintiff’s recent decision to no longer remain a named plaintiff in a sex discrimination class action against Jones Day, in order to avoid risks of disclosing her identity, speaks volumes about the structural challenges that allow discrimination to persist in some of our country’s most powerful business sectors, says Joseph Abboud at Katz Marshall.

  • Opinion

    Litigation Finance Can And Should Protect Its Reputation

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    This month’s controversy surrounding alleged financial misrepresentations by Burford Capital underlines the need for litigation financiers to unite in educating the public about the value of litigation finance, lest opportunists use cases like this to disparage the industry as a whole, says Charles Agee at Westfleet Advisors.

  • What 2 Recent OFAC Cases Say About Compliance Priorities

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    Findings of violation issued by the Office of Foreign Assets Control earlier this month to U.S. companies DNI Express Shipping and Southern Cross Aviation are illustrative of the continued focus, by OFAC and other agencies, on completeness and accuracy in both responsive and voluntary disclosures, say attorneys at Akin Gump.

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.