Try our Advanced Search for more refined results
Legal Ethics
-
July 25, 2024
Florida Ethics Opinion Sets Guardrails For Judges' Testimony
Florida judges may testify as to the weight of the evidentiary burden in previous court proceedings if subpoenaed by a trial court, according to recent guidance produced by the state's ethics watchdog, though a judge may not discuss individual witness testimony, even if subpoenaed to do so.
-
July 25, 2024
Connecticut 'Fishing' Atty Placed On Interim Suspension
A Connecticut attorney who responded to an overdraft notice and disciplinary inquiry with an email saying the issue wasn't a priority because he was busy fishing has been suspended on an interim basis from practicing law.
-
July 25, 2024
Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud
The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.
-
July 25, 2024
Mass. Court Revives Malpractice Suit Over Late Arbitration
Massachusetts' intermediate-level appellate court on Thursday revived a legal malpractice suit against a pair of attorneys who allegedly waited too long to file an arbitration on their client's behalf, finding that a lower court was wrong to grant the lawyers a pretrial win.
-
July 24, 2024
Co. Wants Gov't Sanctioned For Late Docs In Contract Dispute
A contractor for the U.S. Air Force has urged the Court of Federal Claims to sanction the government after allegedly providing documents late and destroying other documents related to the company's suit alleging the Air Force wrongly terminated a support contract.
-
July 24, 2024
Atty Who Put Settlement In Spouse's Account Loses Appeal
A Texas appellate court ruled Wednesday against an attorney seeking to overturn a ruling from a trial court barring him from practicing law for 18 months, saying the man clearly breached his ethical obligations by moving settlement funds through his spouse's personal bank account.
-
July 24, 2024
Atty Can't Deduct Car Racing Costs As Ads, US Tells 10th Circ.
A personal injury lawyer who also races cars shouldn't be allowed to deduct about $300,000 for racing-related costs as ordinary business advertising expenses because they're unrelated to his law practice, the U.S. government told the Tenth Circuit on Wednesday.
-
July 24, 2024
Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing
The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.
-
July 24, 2024
Ga. Judicial Candidate Aims To Keep Election Challenge Alive
An attorney who lost her bid for a Georgia state appeals court seat has doubled down on her effort to overturn the election results, telling a state court to reject the winning candidate's dismissal bid and arguing it is actually his responsibility to establish a preponderance of the evidence about his eligibility to run.
-
July 24, 2024
NJ Atty Suspended For Using Client Funds From RICO Cases
The New Jersey Supreme Court this week issued a three-year suspension against an attorney accused of misusing client funds from a racketeering case to buy a new computer system and pay his wife for paralegal services.
-
July 24, 2024
McCarter & English Beats Biotech Malpractice Suit In NJ
McCarter & English LLP defeated a New Jersey biotechnology company's legal malpractice suit this week, following a New Jersey state judge's finding that the malpractice claims should have been brought in an earlier round of litigation over unpaid legal fees.
-
July 24, 2024
Newman Facing 2nd Suspension For 'Continuing Misconduct'
A panel of Federal Circuit judges on Wednesday recommended U.S. Circuit Judge Pauline Newman remain suspended for another year based on her ongoing refusal to cooperate with an investigation into her health, or even acknowledge the court's concerns.
-
July 24, 2024
Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys
A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.
-
July 24, 2024
Firm Says Water District Advice Was 'Black And White' Good
A Houston law firm told a state judge Wednesday that its recommendation that a local water district turn down a more than $1 million deal to get rid of hundreds of acres within its boundaries was "black and white" good advice as it fought off a malpractice suit the district lodged against the firm.
-
July 24, 2024
Parts Of Klehr Harrison Bills Not Privileged, Pa. Panel Finds
Pennsylvania journalists can view the subject lines of invoice requests sent to the Pennsylvania Office of General Counsel by outside law firms, including Klehr Harrison, with a state appeals court panel determining the information falls under the state's Right-to-Know Law and is not privileged, nor is it protected by a court order.
-
July 24, 2024
Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit
Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.
-
July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
-
July 23, 2024
Schiff's Bill Would Expand FOIA Provisions To Federal Courts
Rep. Adam Schiff, D-Calif., introduced legislation Tuesday that would extend the rights provided by the federal Freedom of Information Act to the work of the judicial branch.
-
July 23, 2024
X's Tesla Ties Could Require Judge's Recusal, Watchdog Says
Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.
-
July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma
The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
-
July 23, 2024
FTC Attys On Kroger Case Get Extensions After IT Outage
The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.
-
July 23, 2024
Mother Urges Sanctions On Nonprofit Over Unpaid $13.4M Win
An 81-year old mother who won a $13.4 million judgment after her son died in a group home run by the Connecticut Institute for the Blind asked a state court judge Tuesday to order swift sanctions against the nonprofit for allegedly dodging depositions and stalling attempts to collect the award.
-
July 23, 2024
Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'
Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.
-
July 23, 2024
Malpractice Insurer Escapes Conn. Firm's Suit For Coverage
A Connecticut law firm and its principal will not have their legal bills reimbursed by their malpractice insurer after a state judge granted an early win to the insurance company, noting the firm admitted it was already facing a misconduct claim when its policy went into effect.
-
July 23, 2024
Atty Argues Fla. Ethics Charges Are 1st Amendment Attacks
A Georgia-based attorney is fighting accusations from the Florida Bar that he disparaged an opponent running for 20th Judicial Circuit state attorney in 2018, arguing that the bar's bid to suspend his Florida law license is a violation of his First Amendment rights because it would punish him for protected speech.
Expert Analysis
-
How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
-
In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
-
Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
-
How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
-
Noncompetes Hold Atty Privilege Pitfalls For Health Industry
Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.
-
Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
-
Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
-
Opinion
Guardrails Needed Against Politically Motivated Atty Discipline
As illustrated by revelations about disbarred attorney Tom Girardi’s influence, there is a need to revamp attorney discipline to protect the public, but any reforms to misconduct rules must also consider how bar-directed disciplinary hearings are increasingly used as a political weapon, says Deborah Winokur at Cozen O'Connor.
-
Groundbreaking Nev. Law May Alter Insurance Landscape
The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.
-
Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
-
Durham Hearing Shows Common Cross-Examination Errors
Trial attorneys can glean several key cross-examination lessons from the mistakes made by several members of the U.S. House of Representatives during a recent hearing on special counsel John Durham’s FBI probe, say Luke Andrews and Asha Laskar at Poole Huffman.
-
Opinion
When Corporate Self-Disclosure Threatens Individuals' Rights
The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.
-
Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert
Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.
-
Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
-
Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.