Legal Ethics

  • September 24, 2021

    WikiLeaks Suspect Can't Get CIA Servers Cloned For Trial

    A New York federal judge has denied Wikileaks suspect Joshua Adam Schulte's request for copies of two CIA servers ahead of his retrial on federal espionage charges.

  • September 24, 2021

    States Go First In Google Display Ads Case

    The Texas-led state attorneys general lawsuit against Google will go through briefing on dismissal motions while the rest of the massive consolidated case remains paused, a New York federal judge ruled Friday in an attempt to impose some order on litigation over the search giant's display advertising business.

  • September 24, 2021

    Atty In Rolling Stones IP Row Warned Over Client's Threats

    A New York federal judge upbraided a Nixon Peabody attorney on Friday for trying to explain away his client's witness-intimidating letter in a Rolling Stones copyright dispute, raising the specter of sanctions if the lawyer didn't quickly dispel the "miasma of threats."

  • September 24, 2021

    Faegre Drinker Facing DQ Bid In Del. Insurance Row

    Specialty insurance distributor Amwins Group is urging a Delaware federal judge to disqualify Faegre Drinker Biddle & Reath LLP from representing carriers it has sued for alleged breach of contract, saying the law firm may have a potential conflict of interest.

  • September 24, 2021

    Davis Polk Can't Sink Associate's Bias, Retaliation Claims

    A New York federal judge on Friday kept alive some remaining bias and retaliation claims a Black former Davis Polk & Wardwell LLP associate is pursuing against the firm, but again dismissed an allegation that race was a motivating factor in some partners' decision to fire him.

  • September 24, 2021

    Atty Gets 9-Month Suspension For Abusing Nonprofit Gig

    A New York appellate court on Thursday handed out a nine-month suspension to an attorney found to have misappropriated funds over three years from a nonprofit organization she founded and whose finances she oversaw.

  • September 24, 2021

    Ex-Rice Exec Settles Discrimination Suit, Ducks Sanctions

    A former Rice Energy vice president has settled his racial discrimination claim and won't have to pay sanctions for filing suits in two different counties, according to a pair of orders from a Pittsburgh federal judge.

  • September 24, 2021

    Saxena White Can't Lead FIFA Suit After Robbins Geller DQ

    A New York federal judge who disqualified Robbins Geller Rudman & Dowd LLP from securities litigation related to the FIFA corruption scandal on Thursday rejected Saxena White PA's request to take over the case, chastising the firm for seeking continued advice from Robbins Geller.

  • September 24, 2021

    Trump Org Ordered To Comply With NY AG's Subpoenas

    A New York state court ordered the Trump Organization to comply with state attorney general subpoenas for information related to former President Donald Trump as part of a civil probe over whether he inflated the value of his assets.

  • September 24, 2021

    Ex-Dechert Atty Defends His 'Professional' Probe For ENRC

    Neil Gerrard's "dogged" efforts to probe serious allegations of fraud within Eurasian Natural Resources Corp. reflects his professionalism and determination to do his job despite stubborn resistance from the mining company, counsel for the former Dechert partner told a trial Friday.

  • September 23, 2021

    Ga. Judge Takes Dig At Overcomplicated Drink Formula IP Suit

    A Georgia federal judge has chided counsel for lengthy pleadings in a drink formula trade secret suit between rival beverage makers even as he kept most of the case intact in a ruling that began by stating, "Lawyers sometimes make matters unnecessarily complicated."

  • September 23, 2021

    Court Can't Bar Injured Workers' Atty Fees, Pa. Justices Told

    A worker told the Pennsylvania high court Thursday that he should be allowed to seek attorney's fees from PennDOT after he won a workers' compensation case, arguing the lower court improperly shut the door on injured workers getting their employers to pay legal bills.

  • September 23, 2021

    Ch. 11 Toss Of $619M Malpractice Suit Gets 2nd Circ. Review

    A Second Circuit panel grappled Thursday with whether former Pennsylvania wood factory workers poisoned by toxins may pursue their former Chapter 11 counsel in a state malpractice class action alleging a failure to get $619 million out of the Tronox Inc. bankruptcy.

  • September 23, 2021

    Metal Cos. Can't Duck Ex-Counsel's COVID-19 FMLA Claims

    A pair of Pittsburgh metals companies can't avoid claims that they should've offered a former in-house attorney time off for coronavirus recovery under the Family and Medical Leave Act instead of firing him, after a Pennsylvania federal magistrate judge denied their bid to dismiss his suit.

  • September 23, 2021

    Texas Law Firm Wants Claims Against Insurer Reheard

    Ryan Law Firm LLP says a Texas federal court erred when tossing bad faith claims it brought against an insurer for failing to cover a legal malpractice settlement, telling the court the decision dismissed a claim that wasn't even contested.

  • September 23, 2021

    Non-Atty's Med Mal Work Required Warning, Pa. Justice Says

    Pennsylvania's chief justice suggested during oral arguments Thursday that a trial judge should have informed a woman who tried to represent her son's estate in a since-axed medical malpractice case that she needed to hire an attorney to pursue her claims.

  • September 23, 2021

    Ga. Justices Question Atty's Bid To Nix Judge Appointment

    Supreme Court of Georgia justices on Thursday indicated during oral arguments that they're dubious of an attorney's bid to invalidate the appointment of a state trial court judge, challenging the lawyer's notion that a special election should be held.

  • September 23, 2021

    Georgia Gov. Appoints Commission To Review DA Indictment

    Georgia Governor Brian Kemp signed an executive order Wednesday appointing a three-person review commission to determine if indicted Chattahoochee Judicial Circuit District Attorney Mark Jones should be suspended from office.

  • September 23, 2021

    NJ Bar President Aims To Exit Atty's Suit Over City Contract

    New Jersey State Bar Association President Domenick Carmagnola called on a state court Thursday to toss another attorney's claim that Carmagnola compelled Clifton, New Jersey, to not pay the lawyer for a workplace discrimination probe unless he turned over related confidential materials, blasting the allegation as speculative.

  • September 23, 2021

    ENRC Judge Casts Doubt On Gerrard, SFO Conspiracy

    A judge openly questioned Thursday whether Dechert LLP's ex-head of white collar crime conspired with a former Serious Fraud Office director to sap a Kazakh miner for fines and legal fees, saying at trial their motivations appeared to be in conflict.

  • September 22, 2021

    Texas Panel Mulls Immunity In Whistleblower Suit Against AG

    A Texas appellate panel was told during oral arguments Wednesday it should dismiss a whistleblower lawsuit against the state's attorney general by four of his former top aides who allege they were fired for reporting abuses of power on the ground that the attorney general is immune from the claims.

  • September 22, 2021

    Treasury GC Nominee Takes Heat From Warren Over Recusals

    The Davis Polk partner tapped to be President Joe Biden's top lawyer for the U.S. Treasury Department declined at his confirmation hearing Wednesday to commit to a more extensive recusal from matters involving former clients despite repeated prodding from Sen. Elizabeth Warren, D-Mass.

  • September 22, 2021

    Dominion Rips MyPillow's 'Meritless' Appeal In Libel Case

    US Dominion Inc. has urged a D.C. federal judge to shoot down MyPillow Inc.'s bid to immediately appeal a recent order that allowed the voting machine company's $1.3 billion defamation suit to proceed, rebuking claims that the company is a state actor and that free speech protections protect a private citizen from being sued over election-rigging allegations.

  • September 22, 2021

    NYPD Cops Set To Plead Out In Crash Corruption Case

    Two current and former New York City police officers facing corruption charges for funneling victim information to personal injury lawyers and steering crash-clearing jobs to favored tow companies in exchange for kickbacks are set to plead guilty next month, attorneys said Wednesday.

  • September 22, 2021

    DOJ Defends Handling Of Health Care Staffing No-Poach Case

    The U.S. Department of Justice pushed back against accusations from an indicted former health care staffing company manager that enforcers mishandled his interview during the criminal investigation of an alleged agreement to suppress wages for Las Vegas school nurses.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • What 9th Circ.'s Tinder Ruling Means For Class Settlements

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    The Ninth Circuit's recent opinion in Kim v. Allison, rejecting a precertification settlement of class claims that Tinder committed age discrimination, offers important insights for class action litigants and counsel on that court's shift toward increasingly stringent scrutiny of such settlements, say attorneys at McGuireWoods.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • Opinion

    NFL Concussion Settlement Still Underestimated 5 Years Later

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    Since the Third Circuit affirmed the NFL concussion class action settlement in 2016, claimants have received awards two to 10 times higher than many recent plaintiff-favorable multidistrict litigations, in contrast to early criticisms that few would qualify for compensation and awards would be minuscule, says attorney Brad Sohn.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Why A Missed Email Could Cost You Your Case

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    A recent Fifth Circuit ruling in Rollins v. Home Depot, denying a motion to amend summary judgment after the plaintiff’s lawyer missed a case notification email, aligns with precedent holding that simple errors can sabotage a case and even implicate ethics rules — but certain best practices can help avoid dire mistakes, say Amy Richardson and Charles Loeser at Harris Wiltshire.

  • Privilege Takeaways From 3 Cybersecurity Report Rulings

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    A recent Pennsylvania federal court decision compelling Rutter's Inc. to produce data breach reports, considered alongside two previous federal court rulings, reveals why compliance officers and counsel must scrupulously avoid blurring the lines between ordinary factual reports and those genuinely prepared for litigation, say Kristin Bryan and Rafael Langer-Osuna at Squire Patton.

  • 5 Reasons Lawyers Often Fail To Secure Litigation Funding

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    More than 95% of commercial litigation finance proposals are declined by funders because lawyers and their clients drastically underestimate the nuances of obtaining funding, but attorneys can overcome these challenges with informed and thoughtful preparation, says Charles Agee at Westfleet Advisors.

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