Legal Ethics

  • July 30, 2024

    NJ Judge Off The Bench For Cursing, Gifting Giants Tickets

    A New Jersey municipal judge accused of using profanity in the courtroom, fraternizing with police officers at a Hooters restaurant and gifting New York Giants tickets to the town's code enforcement officer has been removed from the bench, the state Supreme Court said Tuesday.

  • July 30, 2024

    Fed. Circ. Backs Ga. ALJ's Firing For 'Unbecoming' Conduct

    The Federal Circuit has upheld the removal of a Georgia administrative law judge over a pattern of "deficiencies" uncovered in his rulings, insubordination, and a workplace tirade in which he reportedly told a supervisor she was "worse than a Nazi," the court said Tuesday.

  • July 30, 2024

    Lewis Brisbois Settles One LA Bias Suit, Another Continues

    Lewis Brisbois Bisgaard & Smith LLP has ended a former partner's race and disability bias suit, announcing a settlement in Los Angeles Superior Court, while continuing to push for arbitration in a separate discrimination suit, also filed in Los Angeles, where a former equity partner has accused the firm of gender discrimination and "unethical billing."

  • July 30, 2024

    GAO Says Courts Should Improve Staff Complaint Collection

    The federal judiciary, which has over 30,000 employees, has taken actions to address misconduct in the workplace since 2017, but one area in need of improvement is its data collection, according to a U.S. Government Accountability Office report released Tuesday.

  • July 30, 2024

    Dominion Again Pushes DQ Bid For Ex-Overstock CEO Atty

    Attorneys for Dominion Voting Systems are again urging a D.C. federal judge to disqualify a Michigan attorney from representing former Overstock.com CEO Patrick Byrne in a defamation lawsuit, saying she and her client "lack any respect for the rule of law" and pose risks to Dominion employees.

  • July 30, 2024

    Atty Smuggled Marijuana-Soaked Papers To Inmate, Feds Say

    A Massachusetts solo practitioner has been charged with using her status as an attorney to try to smuggle papers soaked in synthetic cannabis to an inmate at a Rhode Island detention center, federal prosecutors announced Tuesday.

  • July 30, 2024

    Quinn Emanuel Must Prove Authority In $486M Award Fight

    A divided D.C. Circuit panel ruled Tuesday that a lower court should have determined whether Quinn Emanuel Urquhart & Sullivan LLP had authority to represent Doraleh Container Terminal SA before deciding whether to enforce a $486 million arbitral award issued against Djibouti.

  • July 29, 2024

    8th Circ. Tosses 'Windfall' $79M Legal Fee In T-Mobile Suit

    The Eighth Circuit on Monday threw out a $78.7 million attorney fee award for plaintiffs' attorneys who negotiated a $350 million settlement with T-Mobile over a massive data breach in 2021, saying the award amounts to a "windfall" for class counsel.

  • July 29, 2024

    Live Nation Judge Tightens In-House Counsel's Access To Docs

    A New York federal judge imposed new restrictions Monday on Live Nation in-house counsel's access to documents and testimony from witnesses from its rivals in the U.S. Department of Justice's antitrust lawsuit, tightening a days-old two-tiered system after hearing concerns from those competitors.

  • July 29, 2024

    Fla. Judge Pauses Part Of $20M Suit Between Ex-Law Partners

    A Florida judge on Monday paused part of a $20 million dispute between former law partners after finding that some of the claims involved are related to those that he has already sent to arbitration last month.

  • July 29, 2024

    7th Circ. OKs Sanctioning Atty For Pushing Opposing Counsel

    A Seventh Circuit panel has affirmed sanctions against a Chicago employment attorney for cursing and pushing opposing counsel who represented the Chicago Board of Education in a First Amendment dispute, finding Monday that the record supports the finding that the attorney knowingly lied when she claimed the physical contact was "unintentional."

  • July 29, 2024

    Vaccine Co. Was Sanctioned For Deliberately Hiding Testing

    U.S. Patent and Trademark Office Director Kathi Vidal backed sanctions for Longhorn Vaccines & Diagnostics' "egregious abuse" of the Patent Trial and Appeal Board system because of the patent owner's "deliberate scheme to hide" harmful evidence from the board, she said in an opinion made public Friday.

  • July 29, 2024

    Firm Partners Ask Fla. Court To Toss Investor's Derivative Suit

    Two partners in a law firm have asked a Florida court to dismiss a derivative lawsuit brought by an investor claiming that they orchestrated a litigation funding fraud, arguing that the investor has no right to bring the suit without a vote from the other members of the company.

  • July 29, 2024

    Amex Inks $3M Deal To Settle Girardi Bankruptcy Suit Claims

    American Express reached a $3 million deal to settle claims brought by the Girardi Keese bankruptcy trustee accusing the credit giant's banking unit and another subsidiary of enabling $50.25 million in fraudulent transfers as part of the now-defunct law firm's scheme to defraud creditors.

  • July 29, 2024

    Calif. Panel Weighs Guidance On Judges' School Fundraising

    On Monday, the California Supreme Court Committee on Judicial Ethics Opinions released its latest draft opinion, soliciting public input in proposed guardrails for judicial officers' personal participation in their children's school fundraising efforts.

  • July 29, 2024

    Hunter Biden Attys Say They Didn't Mislead Judge In Tax Case

    Hunter Biden's attorneys told a Los Angeles federal judge that while several statements in their motion to dismiss tax charges against the president's son were worded "perhaps inartfully," they never intended to mislead the court in a way that would merit sanctions.

  • July 29, 2024

    Immigration Firm Wants Injunction In Trade Secret Fight

    A Washington-based immigration law firm is arguing that a Colombian ex-employee helped a Houston immigration law firm poach its offshore employees in Colombia and copy its business model for building a large-scale firm, and that the court must declare a preliminary injunction to stop "irreparable harm."

  • July 29, 2024

    DeSantis Wants To Ax Suit Over Fla. Prosecutor Suspension

    Florida Gov. Ron DeSantis moved on Friday to dismiss an amended complaint regarding his suspension of elected prosecutor Monique Worrell, arguing that voters have no right to see an elected official serve an entire term.

  • July 29, 2024

    Firm, Ex-Client Brief Conn. High Court In Punitive Award Case

    McCarter & English LLP and ex-client Jarrow Formulas Inc. are weighing in as the Connecticut Supreme Court decides whether a federal court can award law firms punitive damages in suits for breach of contract, as the firm seeks a punitive payout after winning multimillion-dollar judgments in a contract dispute.

  • July 29, 2024

    ABA's 1st Generative AI Opinion Points Attys To Ethical Duties

    The American Bar Association ethics committee published on Monday its first formal opinion on attorney use of generative artificial intelligence tools, saying lawyers should consider their ethical obligations, including those related to model rules on competency, confidentiality and fees.

  • July 29, 2024

    Mich. AG Drops Remaining Case Against Carhartt Heiress Atty

    Prosecutors will not retry a Michigan attorney they claim stole from his wealthy client, the late Carhartt company heiress Gretchen Valade, and have agreed to toss similar embezzlement charges in a separate case. 

  • July 29, 2024

    Judge Narrows Ex-Worker's Claims Against Bronx DA's Office

    A New York federal judge has trimmed claims in an employment suit lodged against the Bronx district attorney's office by a woman who worked there, holding that others alleging discrimination under the Family and Medical Leave Act and a racially driven promotion could move forward.

  • July 29, 2024

    Catching Up With Delaware's Chancery Court

    Litigation linked to Elon Musk sparked several filings in Delaware's Court of Chancery last week, including a call for sanctions and hand-wringing about a proposed multibillion-dollar attorney fee. Here, Law360 looks at this and other highlights from last week in Delaware's Chancery Court.

  • July 29, 2024

    Ga. Prosecutors Fight DQ Bid Over Secret Meeting In YSL Trial

    Georgia prosecutors said Friday it would be "egregious abuse" of the court's discretion to grant Atlanta rapper Young Thug's request to have them disqualified from the racketeering trial because of a secret meeting with the judge and a witness, arguing that this is an unwarranted request that seeks to delay the already longest trial in Peach State history.

  • July 29, 2024

    Irked Judge Says Late Filing 'Sandbagged' Conn. Firm

    A Connecticut state court judge on Monday chided attorneys for an eleventh-hour filing and other missed deadlines on behalf of a couple lodging malpractice claims against Evans & Lewis LLC, blocking the wife from testifying to fight the firm's attempt to throw her husband out of the lawsuit.

Expert Analysis

  • How Law Firms Can Use Account-Based Marketing Strategies

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    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.

  • Strategic Succession Planning At Law Firms Is Crucial

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    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.

  • Maximizing Law Firm Profitability In Uncertain Times

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    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.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    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.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • 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.

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