Legal Ethics

  • May 13, 2021

    Fla. Circuit Judge Disciplined For Campaigning Against Judge

    The Florida Supreme Court on Thursday approved a public reprimand for a judge who, during the 2020 election for Hendry County court judge, called several people he knew to tell them he was supporting the incumbent judge's opponent, a violation of the state's Code of Judicial Conduct.

  • May 13, 2021

    Tenn. Judges Can't Let Their NFTs Be Sold By For-Profits

    Judges in Tennessee may not create nonfungible tokens of their likenesses that for-profit organizations could use to auction, even if a portion of the proceeds were donated to legal aid groups, a state judicial committee has determined.

  • May 13, 2021

    Pro Hac Trouble For Dallas Firm Triggers Wave Of Withdrawals

    The revelation that a Texas plaintiff lawyer made a faulty disclosure to an Iowa court on an out-of-state practice application has triggered a wave of withdrawals by her and other Dean Omar Branham Shirley LLP lawyers.

  • May 13, 2021

    Pa. Attys Accused Of $33M Bitcoin Sale Fraud

    A Canadian company lost an opportunity to buy cryptocurrency worth nearly $33 million when two Pennsylvania attorneys allegedly ran a fraudulent scheme for nearly five months, according to a new federal civil suit filed Wednesday.

  • May 13, 2021

    NY Senate OKs Bill Nixing Atty In-State Office Requirement

    The New York Senate on Wednesday overwhelmingly passed a bill that would allow attorneys to practice in the state without keeping a physical office there and while living elsewhere, reflecting a paradigm shift in a profession that has largely gone remote due to the pandemic.

  • May 13, 2021

    McGahn Agrees To Closed-Door Testimony On Russia Probe

    Democrats' long-running legal bid for testimony from ex-Trump White House counsel Don McGahn came to an end late Wednesday after the Jones Day partner agreed to testify "as soon as possible" in a closed session before the House Judiciary Committee about the former president's attempts to obstruct the Russia investigation.

  • May 12, 2021

    Attys 'Wasting Time' In Sluggish Opioid Trial: Calif. Judge

    A bummed-out California judge on Wednesday lambasted loquacious lawyers for handling the nation's second opioid crisis trial at a decidedly West Coast clip, declaring that they've been "wasting time" with irrelevant inquiries during four weeks of increasingly tedious testimony.

  • May 12, 2021

    Gibson Dunn Partner Questioned On 7-Figure Donziger Bills

    A Gibson Dunn partner with a lead role in pursuing financial information from Chevron foe Steven Donziger acknowledged during cross-examination Wednesday that the oil giant was willing to spend millions to pursue an $800,000 judgment and other relief against him.

  • May 12, 2021

    Amazon 'Annihilated' Evidence In Patent Suit, Tech Cos. Say

    Amazon has admitted it systematically "annihilated" all evidence over the first six years of a Texas federal court suit accusing the online retail giant of infringing networking patents, the tech companies suing it claimed Wednesday in a bid for sanctions.

  • May 12, 2021

    NJ Justices Pump Brakes On County Worker's Retaliation Trial

    A split New Jersey Supreme Court ruled Wednesday that a lower court must reevaluate an ex-Cape May County worker's state law whistleblower claim relating to the county's handling of Capehart & Scatchard PA's bid for a public contract, toppling an intermediate appeals court's order that would have sent the case directly to trial.

  • May 12, 2021

    Eni Says Del. Litigation Funder Can't Avoid Sanctions

    Italian energy company Eni SpA has pressed a Delaware federal judge to sanction a litigation funder for failing to comply with discovery orders related to an arbitration against Nigeria, claiming that the funder's misconduct has harmed the oil giant.

  • May 12, 2021

    Bumble Bee Drops From Tuna MDL, But Attys Can't Buzz Off

    A massive price-fixing litigation against bankrupt tuna giant Bumble Bee has been stayed in California federal court, but the presiding judge said its lawyers can't quit the case because doing so subjects the company to default.

  • May 12, 2021

    Firms Can't Shake RICO Suit Over Loan Scheme, Court Told

    A now-defunct investment partnership urged an Illinois federal judge not to let two law firms escape civil racketeering claims it launched over their alleged roles in a fraudulent loan scheme, arguing the attorneys should be forced to answer for their conduct.

  • May 12, 2021

    DC Judge Sanctions Paul Weiss, Alex Oh In Exxon Case

    A D.C. federal judge opted Wednesday to admonish Paul Weiss Rifkind Wharton & Garrison LLP and former firm partner Alex Oh in connection with the Exxon human rights case that appears to have led Oh to resign prematurely from her new post as enforcement head of the U.S. Securities and Exchange Commission.

  • May 12, 2021

    Judge Ends Discovery War In Baylor Sexual Assault Suit

    A Texas federal judge Tuesday chided Baylor University for "disproportionately" fixating on discovery in a Title IX suit challenging its response to sexual assault reports, saying it's "far past time" to move on from a yearslong document production battle and go to trial.

  • May 12, 2021

    House, DOJ Reach Deal In McGahn Subpoena Fight

    Attorneys for House Democrats and the Biden administration revealed late Tuesday that they've "reached an agreement in principle" in the nearly two-year legal showdown over lawmakers' bid to compel testimony from former Trump White House counsel Don McGahn about the former president's efforts to interfere with the Mueller probe.

  • May 11, 2021

    Texas AG Dodges Twitter Suit Over Moderation Practices

    A California federal judge on Tuesday granted Texas Attorney General Ken Paxton's bid to ax a suit Twitter lobbed against him over his investigation of the social media platform's content moderation practices, finding the case to be premature since no enforcement actions have been taken.

  • May 11, 2021

    Walmart Wants 5th Circ. To Revive Opioid Suit Against Feds

    Walmart Inc. has asked the Fifth Circuit to resurrect its lawsuit against the U.S. Department of Justice in which the retail giant sought a declaration that its prescription opioid sales are lawful, arguing that pre-enforcement review is a standard route for entities looking to clarify the scope of the law without waiting to be sued.

  • May 11, 2021

    Defunct Kenyon Firm Loses $9M Fee Fight With Ex-IP Client

    Kenyon & Kenyon LLP, a now-shuttered intellectual property law firm, can't recover $9.3 million in unpaid legal fees from a former client that invented a system for music and film downloads, a New York judge ruled Monday, saying the firm waited too long to seek its payday. 

  • May 11, 2021

    NLRB Judge Chides Amazon, Board Attys In Firing Case

    A National Labor Relations Board judge erupted at attorneys for Amazon and the worker the company is accused of firing for his role in protests against the company's COVID-19 safety policies, scolding them Tuesday for repeatedly asking pointless questions.

  • May 11, 2021

    Gibson Dunn Atty Rebuts Donziger Privacy Concerns At Trial

    A Gibson Dunn & Crutcher partner testified Tuesday in Chevron foe Steven Donziger's contempt trial that a court order mandating him to hand over his devices included privacy protections, despite Donziger's fears about delivering the entire body of his communications to the company.

  • May 11, 2021

    Kasowitz Calls Ex-UMG Exec's Malpractice Suit 'Preposterous'

    Kasowitz Benson Torres LLP and founder Marc Kasowitz have asked a New York state judge to toss a suit accusing them of giving bad legal advice to a former Universal Music Group executive when they struck a $1.7 million sexual harassment settlement on his behalf, calling the claims "preposterous."

  • May 11, 2021

    Judge Says Attys Can Get Fees In Vt. PFOA Settlement Fight

    A Vermont federal judge said attorneys for a class of plaintiffs suing over perfluorooctanoic acid, or PFOA, contamination should be paid the equivalent of a one-third contingency fee if Saint-Gobain Performance Plastics Corp. makes a direct settlement offer to property owners.

  • May 11, 2021

    DC NFL Team Backs Ex-GC's Secrecy Bid In Wilkinson Suit

    The Washington Football Team backed its former general counsel's bid to seal arguments made in Virginia federal court litigation over a sexual harassment probe into the team, noting that, as a nonparty, the team never had a chance to consider some key documents in question.

  • May 11, 2021

    Liebowitz Escapes 'Overly Punitive' Atty Fee Bid In Pa. Case

    Alleged "copyright troll" Richard Liebowitz doesn't need to pay attorney fees for bringing an unsuccessful copyright lawsuit over stock images of spare ribs after a Pennsylvania federal judge on Monday found the request for fees to be "overly punitive."

Expert Analysis

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Moving Health Care To Virtual Models Creates Legal Issues

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    The shift to remote health care amid the pandemic highlights a host of legal issues, including cultural miscommunication risks and international credentialing considerations, say Brett Johnson and Claudia Stedman at Snell & Wilmer.

  • Bankruptcy Litigation Could See More Third-Party Funding

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    The next few years could be an opportune time for bankruptcy litigants to capitalize on the advantages of third-party financing as the obstacles to its use — including attorney ethics issues and prohibitions against champerty — seem to be clearing at a slow but steady pace, say Daniel Simon and Natalie Rowles at McDermott.

  • Why The Future Law Firm Model Is Industry-Based Offerings

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    Multidisciplinary, industry-based groups at law firms allow for more holistic legal advice, lead to sustainable client relationships, and are likely to replace practice group monoliths at many firms, say Jennifer Simpson Carr at Furia Rubel, Timothy Corcoran at Corcoran Consulting and Mike Mellor at Pryor Cashman.

  • Opinion

    DOJ Accountability Bill Is Flawed And Inadequate

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    The proposed Inspector General Access Act that would allow the U.S. Department of Justice inspector general to investigate allegations of misconduct by DOJ attorneys would do little to increase accountability, and could undermine decades of practiced procedure at the Office of Professional Responsibility, says Steven Wasserman at the National Association of Assistant United States Attorneys.

  • Thought Leadership's Critical Role In Law Firm Diversity

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    Minority attorneys are often underrepresented in conferences, media interviews and other law firm thought leadership campaigns, which affects their visibility with potential clients and their ability to advance at their firms, says John Hellerman at Hellerman Communications.

  • What Associates Should Consider Before Switching Practices

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    The current high demand for midlevel associates provides them a rare opportunity to potentially explore new practice areas, but associates should first ask themselves six questions to begin figuring out why a change sounds appealing, says Stephanie Biderman at Major Lindsey.

  • 4 Effective Ways To Prioritize Client Advocacy

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    To truly support a client going through a complicated lawsuit or a painful experience, lawyers must think beyond interpreting legal guidelines and navigating court proceedings, says attorney Scott Corwin.

  • Remote Law Firm Culture Should Prioritize Associate Training

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    Due to the pandemic, the gap between law school and the first day on the job has never been wider, but law firms can leverage training to bridge that intimidating gap and convey the unique value of their culture in a virtual environment, say Melissa Schwind at Ward and Smith, and William Kenney and Jaron Luttich at Element Standard.

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