Legal Ethics

  • November 25, 2024

    Hawley Troxell Wants Ex-Paralegal's Suit Trimmed

    Hawley Troxell Ennis & Hawley LLP asked an Idaho federal judge to dismiss a former paralegal's claims that it retaliated against her for lodging bias complaints and stiffed her on wages.

  • November 25, 2024

    Jack Smith Drops Trump's Federal Cases

    Special counsel Jack Smith on Monday moved to drop the federal prosecutions of President-elect Donald Trump in D.C. and Florida, citing long-standing Justice Department policy barring the prosecution of a sitting president while insisting that the government "stands fully behind" the merits of the charges.

  • November 25, 2024

    Solar Co. Ex-CEO Attys Say DQ Request 'Untethered To Facts'

    Lawyers representing the former CEO of a now-defunct solar energy company against fraud and racketeering claims have told a Michigan federal judge that their previous in-house work for the company is not grounds to disqualify them from the suit, calling the plaintiffs' attempt to have them removed "untethered to facts" and improperly delayed.

  • November 25, 2024

    Justices Pass On Ex-Atty's Puerto Rico Bribery Appeal

    The U.S. Supreme Court on Monday declined to review the bribery convictions of a former attorney who solicited and accepted payments from an environmental contractor to influence three Puerto Rican mayors and helped the contractor secure government contracts worth millions of dollars.

  • November 22, 2024

    Malaysia Looks To Shore Up Counterattack Over $14.9B Award

    Units of Malaysia's national energy company have kicked off new litigation in Delaware and New York, seeking additional information as they look to fight back against a massive $14.9 billion arbitral award issued in a territorial dispute stemming from a 19th-century land deal.

  • November 22, 2024

    Defamation Suit Against Ga. Election Chief Tossed

    A Georgia federal judge on Friday tossed a defamation suit in which a Texas attorney sued Georgia Secretary of State Brad Raffensperger on allegations he suggested she presented "doctored" evidence to state senators in the aftermath of the 2020 election, finding the statements were "substantially true or are hyperbole."

  • November 22, 2024

    Social Media MDL Judge Threatens States With Contempt

    A California federal judge presiding over multidistrict litigation concerning social media platforms' allegedly addictive designs told counsel Friday that she's considering holding California and South Carolina state agencies in contempt for refusing to comply with discovery orders, telling counsel, "I can guarantee I will not let this stand."

  • November 22, 2024

    Navajo Co. Dismisses Case Alleging Paralegal Took Docs

    A natural resources company owned by the Navajo Nation has dismissed a lawsuit against a paralegal it accused of failing to turn in her computer for removal of its privileged documents, after the paralegal said she had already arranged to surrender her device before the lawsuit was even filed.

  • November 22, 2024

    Texas Justices Say Paxton Can Duck Whistleblower Suit Depo

    The Texas Supreme Court said Friday that Texas Attorney General Ken Paxton doesn't have to sit for a deposition in the long-running employment retaliation suit brought by his former top deputies, partially agreeing with his contention there are no longer any factual disputes in the case.

  • November 22, 2024

    Pot Dispensary Aims To Escape Lowenstein Sandler's Fee Suit

    A New Jersey cannabis dispensary has moved to dismiss a suit from Lowenstein Sandler LLP seeking nearly $800,000 in unpaid fees, telling a state court that the firm did not give the proper notice before suing over the fee dispute.

  • November 22, 2024

    Fed. Circ. Won't Rethink Toppling Tire Verdict

    The Federal Circuit has declined to rethink a ruling last month that upended what was once a multimillion-dollar jury verdict in a decadelong tire design dispute, rejecting the argument that the judges "overlooked and misapprehended Illinois law" on the matter of "litigation privilege."

  • November 22, 2024

    Marketer Asks Judge To Rethink OK'ing Text Solicitation Ban

    Pennsylvania's statewide ban on the use of text messages to solicit potential legal clients would cause irreparable harm to a company that specializes in digital marketing technology by preventing it from raising revenue while fighting the rule, according to a recent motion filed in Pittsburgh federal court.

  • November 22, 2024

    Shipman & Goodwin Atty Dodges DQ In Waste Permit Case

    A Connecticut Superior Court judge has refused to disqualify Shipman & Goodwin LLP attorney Joseph P. Williams from a lawsuit that started as a dispute over a $3 million transfer station performance bond, finding he is not a necessary witness to the remaining issues in the case.

  • November 22, 2024

    Judge 'Concerned' With 'Lack Of Progress' In Walmart OT Suit

    A Georgia federal judge warned that he was "concerned by the lack of progress on the limited discovery" he reopened last month at the request of a Walmart warehouse manager suing the company for unpaid overtime hours.

  • November 22, 2024

    Trump Sentencing Halted To Weigh President-Elect's Immunity

    The New York state judge who oversaw Donald Trump's hush money trial officially canceled his Nov. 26 sentencing date Friday to weigh the impact of his new status as president-elect, pushing briefing into December.

  • November 21, 2024

    Stanford AI Prof Accused Of Filing AI-Generated Expert Brief

    A Stanford University professor who studies artificial intelligence and disinformation "ironically" likely used AI to prepare an expert opinion lodged in support of the Minnesota attorney general in a suit challenging a state law on deepfakes, according to the plaintiffs, who said the opinion "cites a study that does not exist."

  • November 21, 2024

    Key Informant Who Recorded Madigan Takes The Stand

    A former Chicago alderman who prosecutors have deemed one of their "most significant cooperators in the last several decades" took the stand Thursday afternoon and began what is expected to be multiple days of testimony in the racketeering trial of ex-Illinois House Speaker Michael Madigan, whom he secretly recorded while working with the government.

  • November 21, 2024

    Texas AG Pushes For Preservation Of Jack Smith, DOJ Docs

    Texas Attorney General Ken Paxton urged a federal court Thursday to enter an order requiring the U.S. Department of Justice to preserve records connected to special counsel Jack Smith, accusing the agency of remaining "evasive" of Paxton's bid for records related to President-elect Donald Trump's hush money case.

  • November 21, 2024

    Tax Firm Must Disclose Case Info In Malpractice Suit

    A tax firm being sued for malpractice and unfair trade practices by former clients can't hide behind a state bar association rule to avoid producing discovery documents it claims are privileged, a Wisconsin federal court ruled Thursday.

  • November 21, 2024

    Ye's Cos. Sanctioned For Blowing Off Discovery In Bias Suit

    A Los Angeles judge sanctioned two of Ye's companies Thursday after they "simply ignored" discovery requests in a former employee's lawsuit alleging widespread racism, antisemitism and homophobia on the part of the rapper formerly known as Kanye West.

  • November 21, 2024

    Pa. Enviro Hearing Board Can Sanction Atty, Court Affirms

    Pennsylvania's Environmental Hearing Board was within its power to issue its first-ever sanctions against an attorney for trying to delay an appeal with false claims that the state Attorney General's Office and the U.S. Environmental Protection Agency were looking to talk to Cabot Oil & Gas Corp. over her case, a state appellate court ruled Thursday.

  • November 21, 2024

    Dentons Atty Owed No Duty In $54M Currency Deal, Jury Says

    A Florida state court jury found Thursday that a former Dentons US LLP attorney didn't intentionally make a false statement or commit malpractice in a failed $54 million dollars-to-bolivares currency swap in which a Venezuelan lawyer lost millions of dollars.

  • November 21, 2024

    Experts Cool On 'Chill' Defense In NJ RICO Case

    Former prosecutors and academics are doubtful two of New Jersey's most politically connected attorneys can convince a judge that the racketeering case against them will have a chilling effect on lawyering, given that prosecutors only have to show they knew the end game of the notorious Democratic power broker they're accused of helping.

  • November 21, 2024

    Suit Against Mortgage Co. Axed Despite Atty's Bad Faith Claim

    A Texas state court judge has dismissed for good an attorney's lawsuit against the mortgage company she formerly worked for in-house, despite a dispute over whether the matter should have ended with or without prejudice.

  • November 21, 2024

    Paxton Sanctions Bid Unwarranted, Immigration Org. Says

    A Texas immigrant rights nonprofit asked a federal judge to deny a bid by state Attorney General Ken Paxton to sanction it, saying it never resisted a civil investigation or misled the court as Paxton's office claims.

Expert Analysis

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Nev. Insurance Law May Mean Turmoil In Liability Market

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    Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.

  • Lessons From High-Profile Witness Tampering Allegations

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    As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.

  • Covington Ruling Strengthens SEC's Enforcement Powers

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    A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.

  • 'Blind Side' Family Case Is A Cautionary Tale For Attorneys

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    Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

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