Legal Ethics

  • August 04, 2025

    CFO Looks To Jettison Widow's Fight Over Founder's Assets

    The chief financial officer of a company behind a college athletics database has argued in an early exit bid that he has no connection to the state of North Carolina, where he's been accused in a civil lawsuit of driving the company's founder to take his own life amid allegations of embezzlement.

  • August 04, 2025

    DOJ Fights Md. Judges' Bid To Ax Suit Over Habeas Orders

    The Department of Justice is standing by its lawsuit challenging a standing order in the District of Maryland that temporarily blocks the deportation of detained noncitizens who file habeas petitions, saying a recent dismissal bid misses the mark because "even a small delay" is "irreparable harm to sovereign interests."

  • August 04, 2025

    Connecticut Justices Say Atty Due Extra $300K For ID Theft

    The Connecticut Supreme Court ruled on Monday that an attorney whose identity was stolen by scammers can receive punitive damages under the state's unfair trade practices statute in addition to a separate award of treble damages under a different law, holding that a lower court misjudged the allowable recovery.

  • August 04, 2025

    DuPont Inks $2.5B Deal With NJ Over PFAS Pollution

    E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    Defamation Litigation Roundup: Epstein, Macron, Lindell

    In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.

  • August 01, 2025

    NJ Court Will Mull Legality Of Habba's US Atty Appointment

    If Alina Habba was illegally appointed acting U.S. attorney in New Jersey, a pair of defendants in a drug trafficking case are not entitled to dismissal of the indictment, but it "appears appropriate" that Habba would be barred from prosecuting them, a federal judge ruled Friday.

  • August 01, 2025

    Investors Fight Sanctions Over Telecom Arbitration Dispute

    Minority shareholders in telecommunications infrastructure firm Continental Towers LATAM Holding say they are not the ones stopping an arbitral award from being enforced, and have tried to comply with the court's orders but are "caught in the cross-hairs of a personal vendetta."

  • August 01, 2025

    Conn. Firm Seeks Pause Amid Firm Breakup Arbitration

    In the latest legal skirmish between former law partners Andrew Garza and Ryan McKeen following the dissolution of Connecticut Trial Firm LLC, Garza's new firm on Friday asked a Connecticut state court to pause unfair trade practices claims brought against it by McKeen's new firm, arguing that the complaint is an attempt to circumvent arbitration stays.

  • August 01, 2025

    Mass. Judge Can't Dismiss Assault Case Via Sanction

    A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.

  • August 01, 2025

    Atty Seeks To End Malpractice Suit Over SEC Fraud Case

    A New York lawyer is seeking a quick win on malpractice claims brought in Florida federal court by a former client who says she improperly advised him to sign a consent decree with the U.S. Securities and Exchange Commission that resulted in a $12.1 million disgorgement judgment, arguing the client's subsequent guilty plea defeats the claims.

  • August 01, 2025

    NY Law Mandating Judicial Fine Declared Unconstitutional

    A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.

  • August 01, 2025

    Politics And Privacy Laws Collide 5 Years After Salas Shooting

    Five years after a disgruntled litigant killed a New Jersey federal judge's son at their home, experts and judges disagree over whether the judicial privacy laws enacted following the shooting are doing much to protect jurists, while political leaders' heated rhetoric makes for an even more dangerous landscape for judges.

  • August 01, 2025

    NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings

    An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.

  • August 01, 2025

    OptumRx Moves To DQ Motley Rice In Utah Opioid Case

    Pharmacy benefit manager OptumRx has moved to disqualify Motley Rice LLC from representing the state of Utah in an opioid crisis lawsuit, claiming the firm clearly violated ethical rules by investigating OptumRx on behalf of government entities, then suing OptumRx in a private capacity.

  • August 01, 2025

    Firms Say Lien Discharge Row Was Not Vexatious Litigation

    The law firms Neubert Pepe & Monteith PC and Cuddy & Feder LLP told a Connecticut state court they should not have to face a lawsuit from a couple who claim they misused the judicial system to delay payouts from a property owner, arguing that the complaint does not sufficiently allege they engaged in vexatious litigation.

  • August 01, 2025

    DC Panel Calls For Former DOJ Official Clark's Disbarment

    The majority of a Washington, D.C., lawyer ethics panel has called for the disbarment of Jeffrey Clark, a White House official and ally of President Donald Trump, over his efforts to overturn the 2020 presidential election.

  • August 01, 2025

    Ex-Bank GC Must Pay $2.5M Fraud Restitution By Oct. 1

    A former Webster Bank general counsel who pled guilty to bank fraud must pay by Oct. 1 the remaining $2.5 million he owes in restitution, a federal judge has ruled, finding that the man's bank accounts and securities are enough to cover the difference.

  • August 01, 2025

    Judge Denies Memphis Bid To Sanction Tyre Nichols' Lawyers

    A Tennessee federal judge has decided not to issue sanctions against high-profile civil rights lawyers Ben Crump and Antonio Romanucci over a press release that claimed a civil lawsuit against the city over the police beating death of Tyre Nichols would not bankrupt the Memphis government because the city's insurance would foot the bill.

  • July 31, 2025

    3 DOJ Attys Face Bar Complaints Over CFPB Representation

    A legal watchdog group Thursday lodged bar complaints against a trio of U.S. Department of Justice lawyers, accusing them of making misleading and false statements in court filings while defending the Trump administration in litigation over its attempt to dismantle the Consumer Financial Protection Bureau.

  • July 31, 2025

    'Abusive Behavior' Spurs $195M Add To Phillips 66 IP Verdict

    A California state judge added $195 million in exemplary damages to a $605 million trade secrets verdict against oil giant Phillips 66 following its "abusive behavior" toward startup and onetime acquisition target Propel Fuels.

  • July 31, 2025

    Tyson Says Interference Claim 'Lays Bare' Burford's Greed

    Tyson Foods urged an Illinois federal judge on Thursday to reject Burford Capital's bid to ditch allegations that the litigation funder improperly thwarted a near-final price-fixing settlement with Sysco Corp., arguing the counterclaim "lays bare" Burford's systematic effort to obtain a greater investment return.

  • July 31, 2025

    4th Circ. Says Brokers Owe Atty Fees Over Case Removal Row

    A unanimous Fourth Circuit panel has affirmed a South Carolina federal judge's order requiring several financial firms to pay more than $63,000 in legal fees for improperly trying to remove a securities class action to federal court for a second time, but said they don't have to pay additional fees to cover the cost of the appeal.

  • July 31, 2025

    Wis. Judge Pushes For Immunity In ICE Arrest Case

    A Wisconsin state judge is pushing for the dismissal of criminal charges alleging she hindered an immigration enforcement arrest, reiterating her argument that she has immunity against what she called the "overreaching federal prosecution of a state court judge for acts within her official duties."

  • July 31, 2025

    ABA Seeks To Toss Race Bias Suit Over Scholarship Program

    The American Bar Association urged an Illinois federal court to throw out a lawsuit from The American Alliance for Equal Rights alleging the association's Legal Opportunity Scholarship Fund constitutes race-based discrimination, arguing that the claims are simply a "'desire to vindicate' a particular 'view of the law.'"

Expert Analysis

  • Texas Ethics Opinion Flags Hazards Of Unauthorized Practice

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    The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • In Memoriam: The Modern Administrative State

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    On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.

  • How To Clean Up Your Generative AI-Produced Legal Drafts

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    As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.

  • Opinion

    A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue

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    The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.

  • Series

    Boxing Makes Me A Better Lawyer

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    Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.

  • Opinion

    Industry Self-Regulation Will Shine Post-Chevron

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    The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.

  • 3 Ways Agencies Will Keep Making Law After Chevron

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    The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.

  • Roundup

    After Chevron

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    Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 37 different rulemaking and litigation areas.

  • Opinion

    Atty Well-Being Efforts Ignore Root Causes Of The Problem

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    The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers two recent decisions from the Third and Tenth Circuits, and identifies practice tips around class action settlements and standing in securities litigation.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.

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