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Legal Ethics
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January 10, 2025
MSG Wants Ex-Knick's Assault Case Booted Over Lost Texts
Madison Square Garden told a federal judge Thursday that longtime New York Knick Charles Oakley deserves to have his long-running assault case thrown out and his lawyers sanctioned because he allegedly discarded text messages, a day after Oakley's own spoliation claim.
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January 10, 2025
Disbarred Atty Hit With Third Judgment For Ghosting Client
A Colorado state judge on Friday ordered a disbarred attorney to pay $650,000 in damages to a former client after he failed to appear in a legal malpractice suit, in the third default judgment against the former lawyer for missing key deadlines and failing to respond to clients.
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January 10, 2025
Feds Want 16 Mos. For Oath Keepers' Atty In Jan. 6 Case
A former attorney for the far-right Oath Keepers group should be sentenced to 16 months in prison for her participation in the Jan. 6, 2021, attack on the U.S. Capitol, prosecutors have told a D.C. federal judge, saying her conduct and lack of remorse warrants a significant sentence.
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January 10, 2025
SafeMoon CEO Wants 'Misleading' Reddit Post Explained
The CEO of bankrupt cryptocurrency asset company SafeMoon LLC asked a Brooklyn federal judge Friday to order the government to explain whether it had a role in a social media user's "misleading" post that promised to connect SafeMoon investors with the U.S. government.
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January 10, 2025
Abbott Taps Military Vets For Judicial Conduct Commission
Texas Gov. Greg Abbott on Friday announced two new appointments to the state's 13-member Commission on Judicial Conduct, an unpaid board that investigates claims of judicial misconduct and incapacity and recommends discipline for judges found to have committed wrongdoing.
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January 10, 2025
Fani Willis Seeks Return To Trump Election Interference Case
Fulton County District Attorney Fani T. Willis has asked the Georgia Supreme Court to reinstate her in the election interference case against President-elect Donald Trump, arguing she was the first Georgia DA to be ejected from a case "without the existence of an actual conflict of interest."
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January 10, 2025
NJ Watchdog's New Chief Resigns Amid Residence Questions
The new chief executive of the New Jersey State Commission of Investigation resigned Friday after questions were raised in a news report about her residency and a second full-time job she holds out of state.
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January 10, 2025
Giuliani Held In Contempt Again, This Time In DC
A D.C. federal judge Friday held Rudy Giuliani in contempt for continuing to repeat false claims that two Georgia poll workers meddled with the outcome of the 2020 presidential election, marking the second time in a week the former New York City mayor has been found in civil contempt.
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January 10, 2025
Holland & Knight Balks At 'Tactical' DQ Bid In Benefits Fight
Holland & Knight LLP urged a Georgia federal court to reject a "purely tactical move" seeking to disqualify the law firm from representing doctors accusing its former client, Polaris Spine and Neurosurgery PC, of botching the distribution of their retirement benefits, arguing its prior representation of Polaris isn't related to the suit.
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January 10, 2025
J&J Talc Claimants Seek Sanctions Over Morelli No-Show
A group of attorneys representing talc claimants in Johnson & Johnson unit Red River Talc's Chapter 11 case has urged a Texas bankruptcy judge to sanction Morelli Law Firm PLLC's founding partner, Benedict Morelli, for allegedly failing to appear in person at a December hearing and falsely claiming to have resolved a dispute with the talc group.
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January 10, 2025
Ex-Yale Student's Suit Over Amici Remarks Is Tossed
A Connecticut state court judge has dismissed claims brought by an expelled Yale University student against a Michigan law firm, an attorney and numerous nonprofit organizations over a rejected amicus brief that contained remarks about a sexual assault case that ended in his acquittal, finding that the litigation privilege shields all 16 defendants.
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January 10, 2025
11th Circ. Backtracks, Ends Ousted Fla. Atty's DeSantis Suit
Suspended Florida prosecutor Andrew Warren's yearslong legal battle against Gov. Ron DeSantis has all but come to an end after the Eleventh Circuit on Friday vacated a previous opinion and called the case moot after Warren's term in office expired.
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January 10, 2025
Wright Must Detail $108M Damages Claim Against Accusers
Joshua Wright, a former commissioner of the Federal Trade Commission, must reappear for a deposition to answer previously unanswered questions posed by two women he's suing for defamation on the details of his $108 million damages claim against them, a Virginia judge ruled Friday.
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January 10, 2025
Lawyer Seeks New Trial Against Blank Rome Attorneys
A lawyer who lost her malicious-litigation case against Blank Rome LLP attorneys and an aviation company in Philadelphia last month has moved for a new trial in Pennsylvania federal court, citing what she called "numerous errors committed by the district court" in her first trial.
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January 10, 2025
Trump Avoids Jail As Judge Points To Presidential Status
A New York state judge on Friday spared President-elect Donald Trump any incarceration for his 34-count felony hush money conviction, citing the changed legal landscape, which affords the chief executive with "extraordinary legal protections."
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January 09, 2025
Alec Baldwin Sues New Mexico Prosecutors For Rust Charges
Actor-producer Alec Baldwin on Thursday accused the Santa Fe, New Mexico, district attorney, two special prosecutors and other local officials of mishandling evidence, defaming him and maliciously abusing the judicial process in their unsuccessful pursuit of charges against him in the wake of the fatal shooting on the "Rust" set.
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January 09, 2025
CFPB Bars Ex-Agency Attys From Revived Innovation Policies
The Consumer Financial Protection Bureau has said it will not consider applications for its rebooted no-action letter and compliance sandbox policies when those applications are submitted by financial service companies represented by former bureau attorneys as outside counsel.
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January 09, 2025
Vape Laptop Hacking Suit Belongs In Court, Co. Says
A vape-maker has urged a California federal court to deny a bid by the founder of vape distributor Next Level to arbitrate the manufacturer's claims that he broke into a laptop to access its confidential information, saying he's not a signatory to an underlying arbitration agreement.
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January 09, 2025
Law Firm Cleared, Murdaugh Pal Liable In Insurance Trial
A federal jury in South Carolina has found that a lawyer tied to Alex Murdaugh owes insurer Nautilus over $1 million for a role in an insurance fraud that was perpetrated when Murdaugh's housekeeper died, while a law firm was cleared of liability.
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January 09, 2025
Tribe's Atty Looks To Ax Remaining Claims In $14.6M Suit
An attorney who has represented the Modoc Tribe of Oklahoma as general counsel has asked a federal judge in a $14.6 million racketeering and breach of contract dispute against a computer management company to toss the case or pause it pending a circuit court appeal.
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January 09, 2025
Pharma Co. Says Ex-CEO's Bias Allegations Come Up Short
Canadian biopharmaceutical company FSD Pharma Inc. is urging the Third Circuit to affirm the enforcement of a $2 million arbitral award against its ex-CEO, arguing Wednesday that the former executive's allegations of bias against the arbitrator have already been rejected.
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January 09, 2025
Suspended Atty Seeks To Avoid Prison Over Payroll Tax Fraud
A suspended Ohio attorney who managed his wife's dental practice and admitted causing a $750,000 tax loss by failing to pay over employment taxes asked a federal court Thursday to spare him a prison sentence, saying he is not the "greedy liar" depicted by federal prosecutors.
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January 09, 2025
Supreme Court Declines To Halt Trump's NY Sentencing
The U.S. Supreme Court on Thursday denied Donald Trump's request to halt New York criminal proceedings in his hush money case, clearing the way for a state judge to sentence the president-elect on Friday, days before he takes the oath of office.
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January 09, 2025
Ex-Knick Wants MSG Sanctioned Over Lost Emails
Former New York Knicks player Charles Oakley informed a Manhattan federal judge he intends to seek sanctions over a set of lost emails involving a group of Madison Square Garden employees that he alleges assaulted him when he was ejected as a spectator from a 2017 game.
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January 09, 2025
Arkansas Justices At Odds Over Chief's Bid To Revive Firings
Members of the Arkansas Supreme Court are at an impasse over the chief justice's attempt to fire 10 state court employees after her fellow justices blocked the move, with her issuing an order to vacate their ruling and them saying her order is a mere dissent with no effect.
Expert Analysis
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Top 10 Legal Malpractice Defenses As Claims Tick Up
As legal malpractice claims and payouts increase, law firms should remember certain time-tested defenses, such as asserting no duty to nonclients, omissions beyond the scope of engagement or lack of proximate cause, say attorneys at Goulston & Storrs.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Immigration Atty Tips For Avoiding Prosecution Under Trump
Under the incoming Trump administration, immigration attorneys may need to protect themselves from prosecution when advising clients who may not qualify for relief sought by choosing their words carefully and keeping other key factors in mind, says Michele Carney at Carney & Marchi.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Rank-And-File DOJ Attorneys Will Keep Calm And Carry On
Career prosecutors at the U.S. Department of Justice often pride themselves on their ability to remain apolitical in order to ensure consistency and keep the department’s mission afloat, and the incoming Trump administration is unlikely to upend this tradition, says Michael Landman at Bird Marella.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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What Lawyers Can Learn From High School AI Suit
A pending Massachusetts lawsuit regarding artificial intelligence use in an academic setting underscores the need for attorneys to educate themselves on AI technology and tools that affect their clients so they can advise on establishing clear expectations and limits around the permissible use of AI, say attorneys at Hinckley Allen.
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Service Providers Must Mitigate 'Secondary Target' Risks
A lawsuit recently filed in an Illinois federal court against marketing agency Publicis over its work for opioid manufacturers highlights an uptick in litigation against professional service providers hired by clients that engaged in alleged misconduct — so potential targets of such suits should be sure to conduct proper risk analysis and mitigation, say attorneys at Dechert.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.