Legal Ethics

  • November 19, 2024

    DA Says Trump Sentencing Could Be Delayed Until 2029

    Manhattan prosecutors on Tuesday suggested that President-elect Donald Trump's criminal sentencing could be delayed until after he serves out his next term, but urged a judge not to throw out his conviction over an alleged hush money scheme.

  • November 18, 2024

    Diddy Calls DOJ's Possession Of His Notes 'Outrageous'

    Sean "Diddy" Combs said Monday that federal prosecutors are in possession of privileged attorney-client materials, including his own written notes, which they're "actively" using to detain him ahead of his trial, a move the hip-hop mogul called "outrageous government conduct."

  • November 18, 2024

    'You Stepped Over The Line': Judge Rips Quinn Emanuel Atty

    A California federal judge told a Quinn Emanuel partner defending Natera Inc. at trial Monday in Guardant Health Inc.'s false advertising case that she'd be sanctioned over her questioning of a Natera expert about Guardant's alleged damages, saying, "You stepped over the line, and you did it several times."

  • November 18, 2024

    Fringe Benefits Co.'s Ex-Atty Can't 'Abandon' Them, DOL Says

    The U.S. Department of Labor on Monday urged a Maryland federal court not to let a fringe benefits company's former attorney "abandon" the company ahead of a civil contempt hearing over $3.8 million in unpaid mismanaged funds meant for government contractor employees' benefits, citing potentially "severe" consequences for the company.

  • November 18, 2024

    SEC Says Calif. Atty, His Wife Stole $2.2M To Buy House

    The U.S. Securities and Exchange Commission on Monday accused a Los Angeles-area attorney of scheming to control publicly traded penny stock companies and then stealing $2.2 million from one of those companies to buy a home with his wife, according to a complaint filed in California federal court.

  • November 18, 2024

    Menendez Calls Trial Evidence Flub 'Deeply Troubling'

    Former U.S. Sen. Bob Menendez raised red flags Monday about "deeply troubling" recent revelations that Manhattan federal jurors accidentally received unredacted text messages before convicting him of bribery, slamming prosecutors for trying to brush aside the significance of this evidence.

  • November 18, 2024

    Diddy Accusers' Atty Buzbee Accused Of Extorting Celebs

    An anonymous public figure lodged a suit in Los Angeles court Monday accusing personal injury lawyer Tony Buzbee of using false rape allegations to "shake down innocent celebrities, politicians and businesspeople" who have even the smallest ties to indicted hip-hop mogul Sean "Diddy" Combs.

  • November 18, 2024

    Mich. Atty Avoids Default For Now In Election Audit Pay Suit

    A Michigan federal judge said Friday he would not enter a default judgment against an attorney and Donald Trump ally on claims she stiffed a voting machine inspection company, even though her inaction led to a default finding, ruling that the liability of her alleged financial backer still needs to be determined.

  • November 18, 2024

    LA Atty Again Accused Of Bilking Inmates With False Hope

    A Los Angeles attorney accused of raking in thousands of dollars by giving inmates and their families intentionally misleading information about their chances for resentencing after convictions for violent crimes has been hit with more charges by the State Bar of California, this time an 18-count disciplinary notice that follows an earlier 18-count notice filed in August.

  • November 18, 2024

    Ozy Media CEO Turns To 2nd Circ. Over Judge's Investments

    The "atypical" conflict and threat to public confidence in the judiciary created by a New York federal judge's financial investments warrant the Second Circuit stepping in to undo former Ozy Media CEO Carlos Watson's fraud and identity theft convictions sooner rather than later, Watson told the appellate court on Monday.

  • November 18, 2024

    NJ Justices To Consider Sanctions Against Town For Suing Attys

    The New Jersey Supreme Court has decided to weigh in on whether state law provides municipalities with immunity from sanctions for frivolous litigation, as it takes up a long-running affordable housing case in Englewood Cliffs.

  • November 18, 2024

    State Bar Can't Set Limits To Atty Speech, Fla. Justices Told

    A Georgia-based attorney doubled down on his First Amendment argument against the Florida Bar's attempt to have him suspended for disparaging an opponent in a 2018 state attorney race, arguing that freedom of speech protections aren't whittled down when someone becomes a lawyer.

  • November 18, 2024

    Blank Rome Attys Ask To Split Lawyer Retaliation Case

    A trio of Blank Rome LLP attorneys have asked a federal judge in Pennsylvania to bifurcate a lawsuit against them from another attorney alleging they facilitated a client's retaliation against her for switching to plaintiffs work, asking the judge to split punitive damages into a separate case.

  • November 18, 2024

    Georgia Judge Blocked From Obtaining Memos In Ethics Case

    The Georgia Judicial Qualifications Commission has determined that a state judge facing ethics charges cannot obtain two memos pertaining to her case, finding they are not discoverable under both the commission's rules and prior cases.

  • November 18, 2024

    5th Circ. Says Texas County Wrong To Close Court Hearings

    A Fifth Circuit panel has upheld a trial court's ruling that a Texas county improperly blocked the press and public from attending criminal pretrial proceedings known as magistrate hearings, finding that the practice violates the First Amendment and harms the two news outlets and an advocacy group that brought the lawsuit.

  • November 18, 2024

    Calif. Bar Asks State High Court To Wipe Some Discipline Files

    Amid an effort to reform attorney regulation, the trustees of California's state bar have asked the state high court to approve a proposed rule change that would expunge older discipline files that don't involve disbarment. 

  • November 15, 2024

    Murdaugh's Ex-Banker Wins New Trial Over Juror Removal

    A bank executive who helped disgraced lawyer Alex Murdaugh steal client money deserves a new trial because a juror was inappropriately removed during deliberations, the Fourth Circuit has ruled in an issue of first impression.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Giuliani Gets New Atty As Poll Workers Seek To Collect $148M

    Two days after Rudy Giuliani's lawyers asked a federal judge to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, the embattled former mayor of New York found himself new representation.

  • November 15, 2024

    Atty-Brother Feud Belongs In State Court, Mich. Judge Finds

    A Michigan federal judge won't weigh in on a spat between an attorney and his former cannabis business partner brother, who is accused of shorting him $18 million as part of a buyout agreement, saying the dispute should stay in state court.

  • November 15, 2024

    Venezuelan Lawyer Relied On Ex-Dentons Atty In $54M Swap

    A Venezuelan lawyer suing Dentons over a failed $54 million bolivar-to-dollars currency swap admitted Friday on the stand that he did not do any due diligence for the transaction but instead relied on what he called misinformation from an ex-Dentons attorney that she relayed to his representative.

  • November 15, 2024

    Poor Counsel Led To Unjust Tax Convictions, Justices Told

    A North Carolina actuary asked the U.S. Supreme Court to review a Fourth Circuit decision denying his bid to reverse his 2016 tax fraud convictions, saying the ruling was based on bad decisions made by his then-trial counsel.

  • November 15, 2024

    Colo. Judge Nixes Debtor's Transfer Try For Not Conferring

    A Colorado federal judge on Friday struck a motion to transfer a putative class action suit against a bankrupt truck rental company to the Delaware court handling the business's Chapter 11 case, saying the company had failed to consult with the plaintiffs before filing the motion.

  • November 15, 2024

    Girardi Seeks Sentencing Delay Amid Atty's Departure

    Disbarred attorney Tom Girardi is asking a California federal judge for more time before his sentencing date because a key member of his legal team is leaving the Federal Public Defender's Office on Monday.

  • November 15, 2024

    Plaintiffs Ask To Seal $8.5M Data Breach Deal With Gunster

    Plaintiffs in a proposed data breach class action asked a Florida federal court Thursday to let them file under seal an $8.5 million settlement agreement to resolve accusations that Florida corporate law firm Gunster failed to safeguard the personal information of nearly 10,000 clients, employees and other individuals from cybercriminals.

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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