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Legal Ethics
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November 25, 2024
Texas AG Loses 'Unserious' Bid For Jack Smith Doc Order
A Texas federal judge refused Monday to enter an emergency order preserving special counsel Jack Smith's records, saying there is no reason to think the U.S. Department of Justice will not follow document retention laws and slamming Texas Attorney General Ken Paxton's allegations to the contrary as "unserious."
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November 25, 2024
Informant Says He Brought Developers To Madigan's Law Firm
An ex-Chicago alderman who wore a wire to meetings with former Illinois House Speaker Michael Madigan was back on the stand Monday describing how he arranged a meeting with developers of a Chicago apartment building at Madigan's law office, with jurors hearing a call in which Madigan said to "go ahead and process" a zoning change for that project after the alderman asked if the developer gave him legal work.
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November 25, 2024
Baltimore Atty Convicted Over $25M Hospital Extortion Plan
A Baltimore federal jury on Friday convicted a prominent medical malpractice attorney on all charges in a case alleging he threatened the University of Maryland with bad publicity about "diseased" organs being transplanted into patients unless it paid him $25 million.
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November 25, 2024
Texas Judge Tosses Remainder Of Border Phone Search Suit
A federal judge in Texas has tossed a lawsuit from an attorney who claimed U.S. Customs and Border Patrol officers illegally seized and searched his cellphone at the border.
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November 25, 2024
AG Slams Bid To 'Indoctrinate' Public In NJ RICO Case
New Jersey Attorney General Matt Platkin has rebuffed attacks from businessman George Norcross and others charged in his office's sprawling racketeering case in a pair of opposition filings, accusing the defendants of attempting to try the case in the press and contending that their argument to toss the case is out of place.
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November 25, 2024
Berger Singerman Sued For Hurricane Insurance Malpractice
Berger Singerman LLP and one of its attorneys have been slammed with a legal malpractice lawsuit in Florida for allegedly botching insurance claims for a timeshare company that suffered damages in Hurricanes Michael and Irma.
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November 25, 2024
Pashman Stein Seeks Win In Fees Dispute With NJ Atty
Pashman Stein Walder Hayden PC has moved for summary judgment in New Jersey state court in a fee dispute with a former client who hired the firm to represent him in a fight with his former law partners about the shutdown of their previous firm.
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November 25, 2024
Atty Sanctioned Over Depo Misconduct In Blank Rome Suit
An attorney's alleged personal attacks against opposing counsel, refusal to answer questions and wrongful invoking of attorney-client privilege for certain documents led a Philadelphia federal court to order sanctions against her in an order published Monday.
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November 25, 2024
Ex-Fox Rothschild Corp. Head Ends Bias Suit Against Firm
Fox Rothschild LLP has resolved a discrimination lawsuit with a former head of its corporate department who claimed he was pushed out of the firm after nearly three decades because of his age, according to a stipulation of dismissal filed Monday in New Jersey state court.
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November 25, 2024
BigLaw Backs Barnes & Thornburg In Ga. Malpractice Appeal
More than two dozen law firms with a footprint in Georgia have told the state Supreme Court that a former client's legal malpractice claims against Barnes & Thornburg LLP were rightfully dismissed, arguing the doctrine of judgmental immunity has protected attorneys in the state for honest judgment calls for 150 years.
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November 25, 2024
Colo. Firm Sued Amid Ownership Battle For Mental Health Co.
In a fight over control of a business that provides mental health services to adopted children, the widow of one of the business' founders claims that a Denver law firm committed malpractice and unjustly enriched itself when it advised her rivals in the company's board of directors to file "baseless" lawsuits against her and ran up more than $1 million in bills.
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November 25, 2024
Attys Fight Sanctions In Dropped Bob Dylan Abuse Suit
An attorney for two solo practitioners sanctioned for not turning over discovery material in a now-abandoned sexual assault suit against Bob Dylan told Second Circuit judges Monday that "lawyers are not their clients," arguing that the pair never personally disregarded a court order or instructed their client to do so.
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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.
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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.
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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.
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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.
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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.
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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."
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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."
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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.
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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.
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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.
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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."
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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.
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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.
Expert Analysis
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.