Legal Ethics

  • December 17, 2024

    Apple Fights Epic's Atty Privilege Challenge Win Over Docs

    Apple has asked a California federal judge to overturn a magistrate judge and allow it to withhold documents in a discovery spat with Epic Games, arguing Monday the documents in the antitrust case aren't simply business analyses but rather, reflect "'legal advice on a business decision,' which is protected."

  • December 17, 2024

    Perkins Coie Hit With DQ Bid In Face Recognition IP Dispute

    Perkins Coie LLP's representation of tech company Jumio Corp. in a patent suit is a "betrayal," facial recognition technology firm FaceTec Inc. said in a motion seeking to disqualify the law firm from the California case because it had previously represented FaceTec in many matters, including the patent currently in dispute.

  • December 17, 2024

    Ex-Reed Smith Atty Seeks To Appeal NJ Bias Damages Limit

    A former Reed Smith LLP labor and employment lawyer has told the New Jersey Appellate Division that a lower court was wrong to conclude that a pay discrimination law does not apply retroactively, limiting her potential damages against the firm in a bias lawsuit.

  • December 17, 2024

    NYC Mayor Must Face Bribery Charge For Turkish Travel Perks

    A Manhattan federal judge on Tuesday rejected New York City Mayor Eric Adams' request to dismiss the bribery charge from his indictment, finding that prosecutors clearly alleged a corrupt bargain with Turkish government agents to receive lavish travel perks.

  • December 17, 2024

    NC Legal Advice Law Challenge Meets Early Demise

    A lawsuit by two paralegals and a nonprofit challenging North Carolina's ban on the unauthorized practice of law restricting who can offer legal advice has been cut short after a federal judge found the statute falls within a substantial state interest to protect its citizens.

  • December 17, 2024

    Pa. Supreme Court Says Judge's Side Job Sinks Tax Rulings

    A Pennsylvania state judge who held a side job on a Philadelphia tax appeals board had nullified rulings he made on a local hospital's tax cases, the state's Supreme Court said Tuesday, reasoning that holding both jobs was a "constitutionally impermissible conflict of duties."

  • December 17, 2024

    Colo. Atty Accused Of Poaching Seeks State Justices' Take

    It's time for Colorado's Supreme Court to weigh whether law firms may prohibit attorneys from soliciting co-workers to depart their firm together, a lawyer accused of soliciting BigLaw firms to poach her department from a Denver personal injury firm argued Monday, asserting the case is a matter of first impression.

  • December 17, 2024

    Ex-Tenn. Law Firm Manager Accused Of $1.2M Embezzlement

    A Tennessee federal grand jury indicted the former office manager of a Memphis law firm on charges she embezzled more than $1.2 million from the firm to buy luxury goods and travel for herself and her relatives.

  • December 16, 2024

    Circuit-By-Circuit Guide To 2024's Most Memorable Moments

    One judge said a litigant's position would cause "an effing nightmare," and another decried the legal community's silence amid "illegitimate aspersions." Public officials literally trashed one court's opinion, and fateful rulings dealt with controversial politicians, social media and decades of environmental policy. Those were just a few appellate highlights in 2024, a year teeming with memorable moments both substantive and sensational.

  • December 16, 2024

    Menendez Prosecutors Say 'Chat Chains' Were Admitted In Error

    Federal prosecutors in the government's case against former Sen. Bob Menendez on Monday notified the New York federal court of another evidentiary blunder, this time saying they mistakenly admitted "long chat chains" that included "small portions of material" that should've been excluded.

  • December 16, 2024

    Medical Facility Or Prison? Judge Mulls Tom Girardi's Fate

    A California federal judge on Monday ordered federal prosecutors and Tom Girardi's defense counsel to make their case on whether the 85-year-old disbarred attorney should get lifetime confinement to a medical facility instead of prison for embezzling millions of dollars from clients, given his age and declining mental health.

  • December 16, 2024

    Alaska Plea Nixed Due To Ex-Judge's Sexts With Prosecutor

    A visiting judge agreed Monday to overturn an Alaska guilty plea that was negotiated by a federal prosecutor who sent nude photographs to former U.S. District Judge Joshua Kindred, the latest fallout from the disgraced jurist's sexual misconduct scandal.

  • December 16, 2024

    NY Judge Denies Trump's 1st Immunity Dismissal Motion

    The New York state judge overseeing President-elect Donald Trump's hush money case denied the first of his immunity-based dismissal motions on Monday, finding that the trial evidence in the criminal case was not tainted by "official acts" evidence from his first term in office.

  • December 16, 2024

    Boeing Says Records Loss Should Get 737 Max Suit Tossed

    The Boeing Co. is asking a Washington federal court to throw out a suit from a defunct African airline over fallout from a 737 Max airplane deal, saying that the plaintiff airline's loss of records was intentional and warrants sanctions.

  • December 16, 2024

    Jay-Z Flags 'Glaring Inconsistencies' In Buzbee Rape Claims

    Counsel for Shawn "Jay-Z" Carter told a New York federal judge Friday that new media reports reveal "glaring inconsistencies" in an anonymous woman's rape allegations against the rapper and fellow music mogul Sean "Diddy" Combs, suggesting that her attorney Tony Buzbee deserves sanctions for failing to vet the claims.

  • December 16, 2024

    Blindsided Developer Says $112K Legal Bill Should Be $25K

    A real estate developer fighting a $112,000 legal bill from Conrad & Scherer LLP testified in a Florida state court Monday that he hired the firm for its banking regulation expertise but not for trial work in a lawsuit over a luxury house in Colorado.

  • December 16, 2024

    Atty Seeks To Escape Hurricane Ad Suit Against Texas Firm

    A Houston-area lawyer is asking a Texas federal court to let him out of a proposed class action involving allegedly deceptive advertising targeting hurricane victims, saying discovery has closed, and the plaintiff has come up empty-handed in finding proof that he "solicited" her in violation of Lone Star State barratry laws.

  • December 16, 2024

    NJ Panel Tosses Contempt Sanctions Against Lawyer

    A New Jersey appellate panel on Monday vacated contempt sanctions imposed by a Bergen County judge on a Northern New Jersey-based lawyer in an estate case, saying the attorney's conduct wasn't enough of a disruption.

  • December 16, 2024

    Battle Over Atty Speech Raises First Amendment Concerns

    An attorney is challenging a local rule used to gag him in the Middle District of Tennessee, saying it goes too far in restricting lawyers from speaking to the press about their cases.

  • December 16, 2024

    Lin Wood Must Pay $2M To Ga. Court After Defamation Verdict

    Embattled former attorney Lin Wood will have to hand over $2 million to a Georgia federal court and must ensure that property offered as collateral is accessible and maintained while he appeals a $4.5 million defamation award against him, a federal judge ruled Monday.

  • December 16, 2024

    Va. Commonwealth's Atty Wants Sanctions In FMLA Dispute

    A Virginia commonwealth's attorney urged a federal court Monday to slap sanctions on a former assistant attorney who filed suit after he was fired for requesting time off to care for his mother, saying his failure to respond to discovery requests merits punishment.

  • December 16, 2024

    Firm Tells Colo. Justices To Ignore Ex-Atty's Poaching Petition

    A petition to have the Colorado Supreme Court review a decision upholding a verdict against an attorney accused of soliciting BigLaw firms to poach her department at a personal injury firm must fail, her ex-firm told the high court, as it presents "no novel or complicating issue."

  • December 16, 2024

    3rd Circ. Nominee Decries 'Broken' Confirmation Process

    Adeel Mangi, the nominee for the Third Circuit who would have been the first federal Muslim appellate judge if confirmed, sent a letter to President Joe Biden on Monday saying the selection process for federal judges is "broken."

  • December 13, 2024

    Calif. Fed. Judge Sued Over Fight That Broke Out At Party

    A California federal judge and his wife have been accused of hosting a party that was attended by high school students, involved "significant underage drinking" and ended in a fight in front of their Pasadena home, according to a suit filed Thursday in California state court.

  • December 13, 2024

    Apple Can't Drag Out Privilege Claims Re-Review, Judge Says

    A California federal magistrate judge on Friday rejected Apple's argument that Apple and Epic Games should agree on a document-review protocol before Apple re-reviews 57,000 documents it claims are attorney-client privileged in their antitrust fight, telling Apple's counsel such a process would likely drag out litigation without being useful.

Expert Analysis

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Opinion

    More Guidance Needed On Appellate Amicus Recusals

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    Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • Why Attorneys Should Consider Community Leadership Roles

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    Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.

  • Firms Must Offer A Trifecta Of Services In Post-Chevron World

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    After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • The Ethics of Using Generative AI In Environmental Law

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    The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.

  • What NFL Draft Picks Have In Common With Lateral Law Hires

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    Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.

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