Legal Ethics

  • September 05, 2024

    Ill. Judge Exits Home Sellers' Broker Fees Antitrust Suit

    An Illinois federal judge has recused herself from a certified and settled class action that accused the National Association of Realtors and multiple major brokerages of conspiring to charge artificially inflated broker commissions for home sellers.

  • September 05, 2024

    Chutkan Rejects Trump's Evidentiary Delay Request

    A D.C. federal judge said she wanted to see "forward motion" in former President Donald Trump's election case now that it's back in her courtroom, rejecting Trump's attorneys' calls for delay and clearing the way for prosecutors to present a trove of evidence by the end of the month.

  • September 04, 2024

    Marine Atty Fights Sanctions In Afghan Baby Kidnapping Suit

    A U.S. Marine Corps lawyer facing a $15 million lawsuit for allegedly kidnapping an orphaned Afghan baby urged a Virginia federal judge to reject a bid by the baby's cousins for attorney fees as part of a sanctions order against him and his wife.

  • September 04, 2024

    Fed. Circ. Told To Skip Dish's Review Bid Of $3M Fee Ruling

    A patent litigation company and its former counsel have shot back at an attempt to get the full Federal Circuit to weigh in on whether Dish Network LLC can collect more than $3 million in legal fees directly from the lawyers who filed the failed patent case.

  • September 04, 2024

    Atty Tied To Ponzi Scheme Can't Discharge CFTC Debt

    A Colorado federal judge on Wednesday denied an attorney's request to have his debt to the Commodity Futures Trading Commission discharged after he and others were found liable for $10 million for their roles in a Ponzi scheme.

  • September 04, 2024

    Judge Says EB-5 Investors, Fund Must Disclose More Info

    An Illinois federal judge told a group of Chinese investors and a development fund on Wednesday they both must provide additional information in a suit accusing the fund of making off with $13.2 million intended for the development of a Hawaii resort.

  • September 04, 2024

    Zoetis Sanctions Bid Denied In Racehorse Death Suit

    A Pennsylvania federal judge denied Wednesday a motion by drugmaker Zoetis Inc. for sanctions against the owners of a 3-year-old racehorse who say it died after being treated with one of the company's antibiotics, saying there's no indication that delays in responding to discovery were in bad faith, and by now the company has received all the relevant documents in the plaintiffs' possession.

  • September 04, 2024

    2nd Circ. Hears Unvaxxed NY Judge's 'Exile' Challenge

    A Second Circuit panel on Wednesday voiced some skepticism of a bid to revive a New York state judge's lawsuit over his "exile" after he failed to get a religious exemption from the court system's COVID-19 vaccine mandate.

  • September 04, 2024

    Ga. Justices Take On Barnes & Thornburg Malpractice Case

    The Georgia Supreme Court agreed Wednesday to consider reviving a legal malpractice lawsuit against Barnes & Thornburg LLP over its handling of an underlying case against a life insurance company, with the justices focused on whether the doctrine of judgmental immunity should have barred the claims.

  • September 04, 2024

    1st Circ. Unsure If Texts In Pot Bribe Case Crossed State Lines

    A First Circuit panel on Wednesday expressed skepticism that the simple sending of an iMessage through an Apple cellphone satisfies the element of wire fraud requiring interstate communication, entertaining a Massachusetts attorney's challenge to his convictions for seeking to bribe a police chief to win a local marijuana license.

  • September 04, 2024

    Fla. Builder Can't Escape Former In-House Atty's Suit

    A Florida federal magistrate judge has rejected a development company's bid to escape a wrongful termination lawsuit brought by its onetime in-house counsel, saying that enough has been pled to overcome the dismissal request.

  • September 04, 2024

    Ga. Justices Disbar Atty For Abandoning Clients' Cases

    The Supreme Court of Georgia has disbarred an attorney after his late filings cost his clients more than $800,000 combined in default judgment and medical costs, concluding on Wednesday that such a strong move in response to his misconduct is supported by the court's precedent.

  • September 04, 2024

    A Federal Judge On Being Married To A Congresswoman

    U.S. District Judge Michael Simon, on the bench in the District of Oregon since 2011, is married to U.S. Rep. Suzanne Bonamici, D-Ore., and says "good faith and transparency" are key to avoiding conflicts of interest when both sides of a marriage work in legal affairs and lawmaking.

  • September 04, 2024

    Feds Say Ex-Judge's Misconduct Does Not Warrant New Trial

    "Troubling" allegations that a former Alaska federal judge engaged in sexual misconduct should not open the door for a new trial in one of his cases where a man was convicted of cyberstalking, federal prosecutors argued in a court filing.

  • September 04, 2024

    McCarter & English Rips Challenge To Malpractice Win In NJ

    McCarter & English LLP panned a pharmaceutical company's attempt to undo the firm's victory in a malpractice case last month, telling a New Jersey state court that issues the company raised in its motion to reconsider had "no impact" on the decision granting the firm a win.

  • September 04, 2024

    Election Year Surprise? GOP Judges Opening Seats For Biden

    Well ahead of fall elections that could flip the White House and U.S. Senate to Republicans, many GOP-appointed judges are retiring and giving Democrats opportunities to fill key seats before Republicans can capitalize on any wins at the polls, and several of the judges discussed the political backdrop with Law360.

  • September 04, 2024

    Fla. Judge Won't Delay Trial In Judge's Blackmail Suit

    A Florida judge refused Wednesday to hear a summary judgment motion from an attorney accused by a Palm Beach County judge of trying to blackmail her with nude photographs, calling it untimely because it would need to be heard on the first day of trial set for later this month.

  • September 04, 2024

    Atty Disbarred In Fla. Over Sexual Messages To Client

    The Florida Supreme Court has disbarred an Ohio attorney for sending inappropriate sexual text messages to a client, more than a year after the Buckeye State high court handed the lawyer a two-year suspension for the same misconduct.

  • September 04, 2024

    Immunity Can't Shield Ex-Judge In Romance Suit, Court Told

    The former head of a now-shuttered barge company is asking a Texas federal judge to keep alive his claims against a former bankruptcy judge over his undisclosed romantic relationship with an attorney on the company's Chapter 11 case, saying the onetime jurist isn't entitled to immunity for "decidedly non-judicial acts."

  • September 03, 2024

    Dave's Killer Bread Judge Rips Attys For 'Flooding' Docket

    A California federal judge admonished attorneys for both parties in a proposed class action alleging Dave's Killer "Good Seed" bread deceptively advertises the loafs as containing 5 grams of protein, slamming counsel for "flooding" the docket with "entirely unnecessary" motions and warning she'll sanction them if their conduct continues.

  • September 03, 2024

    Feds Abandon $12M Somali Fraud Case Against Atty

    The U.S. government has dropped its Maryland federal court case against a lawyer who was set for trial this year on charges of misappropriating over $12 million in Somali state assets, citing "pre-trial evidentiary rulings."

  • September 03, 2024

    5th Circ. Won't Revive BP Spill Malpractice Settlement

    The Fifth Circuit will not take another look at a proposed global settlement over accusations that attorneys botched Louisiana residents' claims following the 2010 BP Deepwater Horizon oil spill, issuing an order on Tuesday denying residents' bids for an en banc hearing to revive the settlement that a Fifth Circuit panel overturned in August.

  • September 03, 2024

    Firm Can't Enforce Unexplained Arbitration Clause In Illinois

    A Missouri attorney accused of botching an injury lawsuit he helped pursue for a couple whose dry-cleaning business used allegedly toxic chemicals cannot arbitrate those allegations because he never explained the contractual arbitration provision in those clients' contract to them, an Illinois state appellate panel has found.

  • September 03, 2024

    Ex-Miami Atty's Countersuit Tossed Due To Litigation Privilege

    A Florida state judge has tossed an ex-Miami city attorney's countersuit against a constituent, saying her suit fighting real estate fraud allegations that she says led to her termination is barred by the state's litigation privilege doctrine in which absolute immunity protects certain statements made in court proceedings.

  • September 03, 2024

    Criminal Lawyers Group Backs YSL Atty In Contempt Appeal

    The American Board of Criminal Lawyers told the Georgia Supreme Court that one of its fellows, an attorney defending rapper Young Thug in a racketeering trial, shouldn't have been held in contempt for refusing to divulge to a state judge how he learned about the judge's improper meeting with prosecutors and a key witness.

Expert Analysis

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    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.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    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.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    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.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    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.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    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.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    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.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    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.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    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.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    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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