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Legal Ethics
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal
Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
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July 23, 2024
NY Judge OKs Public Disclosure In Atty Misconduct Cases
A New York federal judge ruled Monday that the First Amendment does allow those who filed grievances against attorneys to access disciplinary hearings before the Appellate Division's Second Judicial Department, records related to those hearings and some of the grievance committee's final dispositions.
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July 24, 2024
UPDATED: NJ Firm Malpractice Dismissal Order Filed In Error
A New Jersey state court has deleted an order dismissing a malpractice suit against Nurick Law Group LLC, saying Tuesday it was "uploaded in error."
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July 23, 2024
Ga. Judge Slams Ethics Charges As Demands For 'Perfection'
A Georgia state judge has denied violating ethical rules, arguing that her call to a personal friend about a pending child custody case — and other actions — shouldn't amount to public sanctions and said the judicial ethics watchdog's charges violate the state's constitution.
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July 23, 2024
Schnader Harrison Must Face Ex-Firm Atty's Class Action
The former equity partners of defunct law firm Schnader Harrison Segal & Lewis LLP must face a proposed class action accusing them of improperly spending employee money intended for the firm's retirement plan, after a Pennsylvania federal judge shot down their motion to dismiss.
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July 23, 2024
Brennan Center Gets $30M For High Court Reform Unit
The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.
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July 23, 2024
Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit
The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."
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July 23, 2024
Firm Says Rival's Trademark Merely 'Common Spanish Phrase'
A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."
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July 23, 2024
11th Circ. Should Uphold Tax Court Protection, IRS Says
The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.
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July 22, 2024
Chicago Firm Seeks $2M For Ex-Atty's Alleged Client Poaching
Chicago firm Loftus & Eisenberg Ltd. has filed suit in Illinois state court accusing a former attorney's new firm of helping the lawyer poach clients by encouraging them to leave with him, even though the new firm couldn't support his practice.
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July 22, 2024
Wash. Atty Accused Of Offering Witness Incentive Resigns
A Washington attorney has resigned after he was accused of offering a witness a substantial financial incentive to back his clients who were seeking millions of dollars in damages in a civil suit, according to a Washington State Bar Association document.
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July 22, 2024
LegalForce Says Legal Finance Group Is Infringing Its Logo
LegalForce RAPC Worldwide PC has filed a federal trademark infringement suit against Law Finance Group Inc. in the San Francisco Bay Area, accusing it of violating the firm's "LF" trademark in providing legal services.
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July 22, 2024
Lack Of 'Smoking Gun' Sinks J&J's Bid To DQ Beasley Allen
The Beasley Allen Law Firm may represent plaintiffs in multicounty talc injury litigation in New Jersey state court, after a judge found Johnson & Johnson failed to show a former Faegre Drinker outside counsel shared information he learned representing the company in earlier talc litigation.
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July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial
Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
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July 22, 2024
Ex-NJ Judge Wants Chief Justice Deposed In Pension Suit
A former Bergen County Superior Court judge told a New Jersey state court that she must be allowed to depose Chief Justice Stuart Rabner of the New Jersey Supreme Court because he has information about the state's decision to deny her disability benefits application that no one else has.
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July 22, 2024
Morgan & Morgan Unit Faces Malpractice Class Claims
Personal injury giant Morgan & Morgan PA's Jacksonville, Florida, unit allegedly misled a Georgia deputy sheriff in his back injury case, costing him potentially hundreds of thousands of dollars, according to a proposed class action the firm has removed to federal court.
Expert Analysis
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Case Law Is Mixed On D&O Coverage For Gov't Investigations
As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.
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How Attys Can Avoid Exposing Their Firms To Cyberattacks
Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.
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Virginia 'Rocket Docket' Slowdown Is Likely A Blip
After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.
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Indemnification In Exec Separation Deals: Read The Fine Print
The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.
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5 Management Tips To Keep Law Firm Merger Talks Moving
Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.
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Rethinking In-Office Attendance For Associate Retention
The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.
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The Crucial Privilege Exception At Play In Trump Indictment
Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.
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Murdaugh Trials Offer Law Firms Fraud Prevention Reminders
As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.
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Firm Tips For Helping New Lawyers Succeed Post-Pandemic
Ten steps can help firms significantly enhance the experience of attorneys who started their careers in the coronavirus pandemic era, including facilitating opportunities for cross-firm connection, which can ultimately help build momentum for business development, says Lana Manganiello at Equinox Strategy Partners.
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What To Know About Recent Trends In PTAB Sanctions
Hilary Gerzhoy at HWG discusses recent Patent Trial and Appeal Board trends in sanctioning and how to handle a discipline complaint from the U.S. Patent and Trademark Office in the wake of the PTAB's recent cancellation of multiple biological specimen collection patents.
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Tackling Judge-Shopping Concerns While Honoring Localism
As the debate continues over judge-shopping and case assignments in federal court, policymakers should look to a hybrid model that preserves the benefits of localism for those cases that warrant it, while preventing the appearance of judge-shopping for cases of a more national or widespread character, says Joshua Sohn at the U.S. Department of Justice.
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Perspectives
How Attorneys Can Help Combat Anti-Asian Hate
Amid an exponential increase in violence against Asian American and Pacific Islander communities, unique obstacles stand in the way of accountability and justice — but lawyers can effect powerful change by raising awareness, offering legal representation, advocating for victims’ rights and more, say attorneys at Gibson Dunn.
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Opinion
Congress Needs To Enact A Federal Anti-SLAPP Statute
Although many states have passed statutes meant to prevent individuals or entities from filing strategic lawsuits against public participation, other states have not, so it's time for Congress to enact a federal statute to ensure that free speech and petitioning rights are uniformly protected nationwide in federal court, say attorneys at Skadden.
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Some Client Speculations On AI And The Law Firm Biz Model
Generative artificial intelligence technologies will put pressure on the business of law as it is structured currently, but clients may end up with more price certainty for legal services, and lawyers may spend more time being lawyers, says Jonathan Cole at Melody Capital.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.