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Legal Ethics
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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."
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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.
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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.
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December 13, 2024
Ill. Atty Likened Court To Nazi Germany, Faces Disbarment
A hearing board of Illinois' attorney watchdog recommended Thursday that a recently suspended attorney now be disbarred for lying about a judge in her objection to the earlier discipline and for "shockingly unprofessional conduct" that included calling the board's chair an idiot and sending photos with her middle fingers extended.
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December 13, 2024
Prindle Goetz Says Attys Took Trade Secrets To Rival Firm
Prindle Goetz Barnes & Reinholtz LLP sued two former nonequity partners in California state court Thursday, accusing them of taking its confidential billing, compensation and client listing information with them in late 2022 before jumping to a rival law firm launched by a former equity owner at the law firm.
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December 13, 2024
Liner Co. Seeks PTAB Sanctions For Alleged False Testimony
After receiving the Patent Trial and Appeal Board's green light Friday, Omega Liner Co. quickly requested sanctions against German packaging company Buergofol GmbH, whose liner patent Omega is challenging, accusing Buergofol's counsel of knowingly submitting false testimony to the board.
Expert Analysis
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Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.
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Attorneys, Law Schools Must Adapt To New Era Of Evidence
Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.
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1st Tax Easement Convictions Will Likely Embolden DOJ, IRS
After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.
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Tips For Litigating Against Pro Se Parties In Complex Disputes
Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.
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Pro Bono Work Is Powerful Self-Help For Attorneys
Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.
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Series
Playing In A Rock Cover Band Makes Me A Better Lawyer
Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.
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Series
The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'
The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.
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What Panama Canal Award Ruling Means For Int'l Arbitration
As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.
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Opinion
Newman Suspension Shows Need For Judicial Reform
The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.
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How And Why Your Firm Should Implement Fixed-Fee Billing
Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Opinion
Judicial Independence Needs Defense Amid Political Threats
Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.
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How Law Firms Can Use Account-Based Marketing Strategies
Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.
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Strategic Succession Planning At Law Firms Is Crucial
Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.
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Maximizing Law Firm Profitability In Uncertain Times
As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.
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Alleged $636M Deal Error Highlights Ethics Considerations
Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.