Legal Ethics

  • December 09, 2024

    O'Melveny Faces DQ Effort In Hyundai TM Dispute

    An attorney defending computing company Hyundai Technology in its trademark dispute with Hyundai Motor Co. told a California federal judge Monday that O'Melveny & Myers LLP should be disqualified from representing the automotive giant because it retained and used a privileged document that was inadvertently shared in discovery.

  • December 09, 2024

    Key House Dem Thinks Biden Will Veto Bill To Add Judges

    The House is poised to vote on a bipartisan bill to add the much-sought additional judgeships, but President Joe Biden's support is in question.

  • December 09, 2024

    5th Circ. Revives Yemeni Man's Bid To Recover Atty Payment

    The Fifth Circuit on Monday revived a Yemeni man's bid to recover over $800,000 from his former attorney, saying a bankruptcy court didn't fully flesh out whether equitable tolling was warranted if the attorney secretly transferred the money elsewhere.

  • December 09, 2024

    10th Circ. Affirms Nix Of Atty's Racing Expense Deductions

    The Tenth Circuit affirmed Monday the U.S. Tax Court's determination that a Denver personal injury lawyer shouldn't be allowed to deduct about $300,000 for his car racing-related costs as advertising, despite his claims that his races helped him drum up business.

  • December 09, 2024

    'Broke, Half-Blind, Incontinent' Girardi Tries To Avoid Prison

    As prosecutors seek a 14-year prison sentence for Tom Girardi, a disbarred lawyer convicted of embezzling millions of dollars from his clients, his defense team has urged a Los Angeles federal judge to spare Girardi from prison because the once-successful lawyer "no longer exists."

  • December 09, 2024

    Avenatti Can't Push Resentencing To June In Client Theft Case

    A California federal judge plans to resentence Michael Avenatti within the next few months rather than June as Avenatti requested, following the Ninth Circuit's decision vacating Avenatti's original 14-year prison term for client theft, remarking Monday he didn't think a hearing was necessary to reevaluate loss calculations and attorney fees. 

  • December 09, 2024

    Xcel Can't Hide Evidence In Marshall Fire Suit, Attys Say

    Attorneys representing more than 4,000 individuals suing Xcel Energy over a 2021 Colorado wildfire demand the utility release thousands of documents regarding the location of a power line that allegedly caused an ignition, claiming the information is being improperly withheld despite how critical it is to the case.

  • December 09, 2024

    Texas Firm Says Worker Stole Money For Family, 'Sugar Baby'

    The owner of a Houston law firm accused his former office manager of lying to clients about having a law license and stealing more than $100,000 from firm accounts to pay for personal expenses that included furniture for his "sugar baby."

  • December 09, 2024

    Chicago Pol's Lies Enough To Keep Conviction, Feds Say

    The government urged the U.S. Supreme Court not to disturb a former Chicago alderman's conviction for lying about money he'd borrowed from a since-shuttered bank, arguing his knowing understatements were enough to illegally mislead federal investigators.

  • December 09, 2024

    Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm

    Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.

  • December 09, 2024

    2nd Circ. Restores Challenge To Conn. Atty Anti-Racism Rule

    The Second Circuit on Monday revived a challenge to a new rule for Connecticut attorneys intended to reduce discrimination, ruling that the alleged chilling effect the two suing lawyers detailed in their complaint gives them standing even if the rule hasn't been enforced against them.

  • December 09, 2024

    Seton Hall Whistleblower Case Confirmed For Hudson County

    A New Jersey judge has officially transferred a whistleblower suit from Seton Hall University's former president against the school and some of its leaders to Hudson County, rejecting a bid from Seton Hall to keep the case in Essex County.

  • December 09, 2024

    Pullman & Comley Blames Tech CEO's Statements For Firing 

    The ousted leader of WorldQuant Predictive Technologies LLC lost $6 million in company stock because he was legitimately fired for lying during a company probe into a lead salesperson's termination and not because of an alleged legal ethics gaffe, Connecticut law firm Pullman & Comley told a judge on Monday.

  • December 09, 2024

    Kline & Specter Wants Ex-Attorney's Suit In Arbitration

    Kline & Specter PC is seeking to send to arbitration a breach of contract lawsuit filed in Philadelphia court by a former firm attorney, saying their employment agreement expressly gives the firm the right to move the complaint into arbitration.

  • December 09, 2024

    Litigation Funding Firms Escape Hurricane Ad Suit

    Two litigation funders have succeeded in exiting a proposed class action alleging a law firm deceptively advertised to hurricane victims, with a Houston federal court adopting a magistrate judge's recommendation to toss claims for a lack of plausible allegations.

  • December 06, 2024

    Justices To Consider Easing Rules On Revising Habeas Petitions

    The U.S. Supreme Court on Friday agreed to hear a case that could make it easier for prisoners to amend their habeas corpus petitions, brought by a man who claims his drunken attorney never pointed out that key evidence in his child pornography trial was marked as "not child porn" by investigators.

  • December 06, 2024

    11th Circ. Finds Last-Minute Evidence Was Correctly Barred

    The Eleventh Circuit ruled Friday that a lower court did not err when it prevented the defense in a criminal trial over drug charges to play video evidence for the first time during closing arguments, saying the last-minute maneuver would have prevented the government from examining a witness about it.

  • December 06, 2024

    Ga. Poll Workers Want 'Severe' Sanctions Against Giuliani

    The two former Georgia election workers who won a $148 million defamation verdict against Rudy Giuliani have asked a federal judge to hold the former Donald Trump attorney in civil contempt and impose "severe" sanctions for his "willful flouting" and "blatant disregard" of court orders.

  • December 06, 2024

    House Poised To Take Up JUDGES Act As Some Dems Balk

    A bipartisan bill to create more federal judgeships to meet increasing caseloads is on the House's schedule for next week, but its support from some Democrats appears to be waning.

  • December 06, 2024

    Patent Litigation Funders 'Fleeing' Del. Court, Study Says

    Patent cases in Delaware federal court have dropped by 41% since Delaware's Chief U.S. District Judge Colm Connolly issued disclosure rules in 2022, and litigation-funded cases there "have virtually dried up," according to a Utah law professor's study.

  • December 06, 2024

    NY Judge Sanctioned For Ex Parte Convo In Divorce Case

    A second state court judge has been sanctioned in an ethics flap over improper out-of-court communications in a contested divorce case involving a law firm run by a friend of his, the New York State Commission on Judicial Conduct announced this week.

  • December 06, 2024

    Ex-City Officials In California Cop To Cannabis Permit Bribes

    Two former officials of Los Angeles County cities have pled guilty to bribing another local politician in an attempt to influence his votes for cannabis dispensary permits.

  • December 06, 2024

    Atty Tells Jury She's 'Furious' Over Aircraft Co.'s Suit

    An attorney suing an aviation company she formerly represented and three Blank Rome LLP lawyers told a Pennsylvania federal jury on Friday that she was "furious" to learn that the company accused her of misusing confidential information after she left to pursue plaintiffs work.

  • December 06, 2024

    Wash. Judge Rips Attys' 'Expletive-Laden' Calls, 'Petty' Fights

    A federal judge in Washington state this week scolded counsel for both parties in a lawsuit against State Farm Fire & Casualty Company, stating that their barbs in briefs and arguments, expletive-laden phone calls and other behavior will no longer be tolerated.

  • December 06, 2024

    Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight

    Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.

Expert Analysis

  • Lawyers Can Take Action To Honor The Voting Rights Act

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    As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Avoiding Legal Ethics Landmines In Preindictment Meetings

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    U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.

  • Series

    Being A Luthier Makes Me A Better Lawyer

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    When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.

  • Lead Like 'Ted Lasso' By Embracing Cognitive Diversity

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    The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.

  • Opinion

    Now More Than Ever, Lawyers Must Exhibit Professionalism

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    As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.

  • Series

    Serving In The National Guard Makes Me A Better Lawyer

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    My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.

  • Lawyers Must Be Careful When Using Listservs

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    The American Bar Association's formal opinion from May correctly states that attorneys must obtain clients' consent before posing related questions to listservs, but potential risks and drawbacks of using listservs go beyond those highlighted by the ABA, says Deborah Winokur at Cozen O'Connor.

  • A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates

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    Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.

  • Opinion

    States Should Loosen Law Firm Ownership Restrictions

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    Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.

  • Series

    Solving Puzzles Makes Me A Better Lawyer

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    Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.

  • 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.

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