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Legal Ethics
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July 18, 2024
Colo. Judge Ends Voter Intimidation Case Midtrial
A Colorado federal judge on Thursday put an abrupt end to a bench trial in a lawsuit accusing members of a 2020 election denier group of illegal voter intimidation, concluding there was not enough evidence to back up the claims brought by voting rights groups.
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July 18, 2024
Ex-BigLaw Atty Gets Nearly 2 Years For Election Crimes
A former BigLaw attorney was sentenced to 21 months in prison Thursday after being convicted of campaign finance violations tied to a failed run for U.S. Congress, with a Boston federal judge citing the defendant's legal acumen and experience as a law clerk as evidence he "should have known" better.
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July 17, 2024
Special Counsel To Appeal Ax Of Trump Classified Docs Case
Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.
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July 17, 2024
'Inflammatory' Atty Statement Axes $11M Stanley Injury Verdict
A Missouri appellate court has tossed an $11 million jury verdict in a suit alleging a Stanley Black & Decker unit caused a man to lose an eye due to a defective staple gun, saying plaintiff's counsel made improper "inflammatory" references to Stanley as a "billion-dollar company."
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July 17, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.
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July 17, 2024
'Rust' Fiasco Shows Harm Of Gatekeeping Evidence, Attys Say
The dismissal of Alec Baldwin's criminal charges in the "Rust" movie shooting serves as a "glaring example" of how a case can tumble off the rails when prosecutors decide whether evidence is valuable to the defense, experts say.
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July 17, 2024
Ex-Cognizant Execs Bemoan Access Woes In Bribery Case
Former Cognizant executives accused of authorizing a bribe to a government official in India have told a New Jersey federal court that obstacles to their access to evidence and overseas witnesses undermine their right to a fair trial and could warrant the dismissal of the case.
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July 17, 2024
Benesch Accused Of Summons Error In Hospital Challenge
Benesch Friedlander Coplan & Aronoff LLP and two of its attorneys are facing a malpractice lawsuit by a nonprofit hospital alleging they failed to issue timely summonses in a lawsuit, leading to hundreds of thousands of dollars in legal expenses.
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July 17, 2024
UMich Ducks Black Law Prof's Bias, Retaliation Suit
A Michigan federal judge released the University of Michigan on Wednesday from a Black law professor's lawsuit accusing the school of harshly disciplining her after she complained about race discrimination, saying she failed to rebut the university's argument that she was punished because she threatened staff members.
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July 17, 2024
Burr & Forman Accused Of Aiding Health Insurance Fraud
Burr & Forman LLP has been hit with a malpractice suit in Georgia federal court by the liquidating trustees of two purported health insurance companies after the firm allegedly aided in a scheme to defraud customers by charging exorbitant fees and denying promised coverage, saying the attorneys helped create a web of LLCs to which it siphoned off millions.
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July 17, 2024
Two Days In, New Judge In Young Thug Trial Bails Out
Just days after taking over the long-running racketeering trial of rapper Young Thug after its last judge was forced out over bias concerns, the case's new judge said Wednesday she was stepping down due to one of her former deputies' romantic involvement with a co-defendant.
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July 17, 2024
Colo. Firm Says Ex-Director Stole Clients While On Payroll
Colorado boutique Whitcomb Selinsky PC is accusing one of its former directors of trying to steal clients while he was still employed with the firm to take with him to his new practice.
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July 17, 2024
Judge Says Atty Shouldn't Be Deported For Crash Scheme
A Michigan federal judge on Wednesday urged federal officials not to deport a Canadian attorney sentenced for his involvement in an illegal crash victim solicitation scheme, saying that outside of the scheme, the attorney has a "hell of a lot" to offer the community.
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July 17, 2024
Ex-Fed. Judge Likely Conflicted In 23 Cases, Say Prosecutors
Disgraced District of Alaska Judge Joshua Kindred presided over at least 23 criminal cases in which attorneys appearing before him may have had inappropriate relationships with the judge, according to an email sent by federal prosecutors and obtained Wednesday by Law360.
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July 17, 2024
Calif. Judge Admonished For Saying Victim Smelled Of Pot
A California state judge was publicly admonished for making a series of inappropriate remarks in court, including one instance where he said a victim smelled of marijuana, according to a decision by the California Commission on Judicial Performance.
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July 17, 2024
High Court Rulings Don't Nix Judge Romance Suit, Court Told
An investor suing Jackson Walker LLP over an ex-employee's secret romantic relationship with a former Texas bankruptcy judge told the court Tuesday that, despite what the firm says, recent U.S. Supreme Court decisions on standing do not change the fact that he suffered real harm from the firm.
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July 17, 2024
Hogan Lovells, Saul Ewing Exit Camshaft's, Byju's Ch. 11 Fight
Two law firms representing Camshaft Capital Fund LP and principal William Morton in the bankruptcy actions tied to the Chapter 11 of education tech company Byju's Alpha have petitioned a Delaware judge to approve their withdrawal as counsel, citing undisclosed Camshaft party failures to "uphold their obligations."
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July 17, 2024
After #MeToo, Report Suggests Judiciary Workplace Reforms
A report released on Wednesday makes 34 suggested reforms for the federal judiciary to better protect its approximately 30,000 employees, including clerks, building off changes made following the #MeToo movement.
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July 17, 2024
Ex-Partners Fight 'Cynical' Lin Wood's Judge DQ Attempt
Former colleagues of retired Georgia attorney Lin Wood slammed a bid to have the judge presiding over a defamation trial next month disqualified over his ties to Alston & Bird LLP, calling the effort "another last-minute, 'Hail Mary' attempt to delay the upcoming trial."
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July 17, 2024
Judge Cautiously OKs $1.5M Georgetown Tuition Refund Deal
A $1.5 million settlement resolving class action claims over Georgetown University's move to remote instruction during the COVID-19 pandemic scored initial approval, but a D.C. federal judge said he has concerns about the limited payout class members will receive after accounting for attorney fees.
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July 16, 2024
Smirnov Wants David Weiss DQ'd After Trump Docs Ruling
Former FBI informant Alexander Smirnov said Monday that a Florida federal judge's order disqualifying the special prosecutor in the Donald Trump classified documents case means special counsel David Weiss should also be disqualified from Smirnov's case, according to a motion filed in California federal court.
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July 16, 2024
Trump Special Prosecutor Ruling Could Find Favor On Appeal
When U.S. District Judge Aileen Cannon dismissed the criminal case against former President Donald Trump in Florida over what she said was an unconstitutional appointment of a special prosecutor, she staked out a position that few other jurists have taken, but that could find support among some appellate judges, experts said.
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July 16, 2024
EB-5 Investors Seek Sanctions Over 'Flight Risk' Defendant Info
Two dozen Chinese investors who alleged that $13.2 million worth of their investments in a Hawaii resort went missing has urged an Illinois federal judge to sanction developers for not giving them important case information, including contact information for one defendant who they said is an "obvious flight risk."
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July 16, 2024
Fed. Circ. OKs Judge Connolly's Fine Against IP Biz Owner
A precedential ruling from the Federal Circuit on Tuesday found that Delaware's top judge has the right to fine a Texas paralegal who is the sole owner of patent litigation outfit Backertop Licensing LLC $200 a day for refusing to show up in court as part of the judge's investigation into whether Backertop and others hid their connection to big-name intellectual property consulting firm IP Edge.
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July 16, 2024
Judge's Emails To Prosecutor Unethical But Didn't Taint Trial
A judge should have recused herself after emailing the elected prosecutor during trial to complain that an officer "didn't do a very good investigation," but the ethical lapse didn't warrant a new trial, the Michigan Supreme Court ruled Tuesday.
Expert Analysis
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How The Circuit Split Over CFPB Funding May Play Out
The Second Circuit created a circuit split last month when it found that the Consumer Financial Protection Bureau's funding structure doesn't violate the U.S. Constitution and clashed with the Fifth Circuit's holding that the CFPB itself is unconstitutional, but the U.S. Supreme Court may find a middle ground, say Andrew Braunstein and Casey Howard at Locke Lord.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Insureds' Notice Pleading May Be Insufficient In Federal Court
A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Ga. Needs To Resolve Cannabis Counsel Confusion
Georgia’s medical cannabis regulator finally adopted rules for low-THC oil last month, but a 2021 ethics ruling prohibits lawyers from advising participants in the state’s legal program and creates a confounding landscape that the state bar and courts must address, say Whitt Steineker and Mason Kruze at Bradley Arant.
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Patent Litigants Should Be Vigilant After Rare Retrial Order
A California federal court's recent unusual order for a new trial for attorney misconduct in Pavemetrics v. Tetra Tech should remind patent litigants to be careful about arguments that frame an infringement case in a way that does not fairly reflect the dispute at hand, say Ranganath Sudarshan and Yuval Mor at Covington.
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DOJ's Compensation Reforms Pit Cos. Against Their Execs
The U.S. Department of Justice’s new policy, incentivizing compliance-focused corporate compensation programs and prompt disclosures of misconduct, will complicate the relationship between companies and their executives, and create potential ethical conflicts for counsel, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.