Legal Ethics

  • October 17, 2024

    No Privilege For Drug Discount Co. Accused Of Faking Deal

    A Colorado federal judge held Wednesday that he saw probable cause that a drug discounter hired an attorney with the intent to commit fraud, ordering that company to disclose privileged documents in a lawsuit alleging it faked an acquisition to dupe an Illinois-based pharmacy benefit company into paying higher commissions.

  • October 17, 2024

    Health Co. Must Face State Farm Settlement Interpretation Suit

    An automobile-accident-focused healthcare company can't escape State Farm's lawsuit claiming the facility breached a settlement agreement by failing to drop hundreds of personal injury protection suits, a Florida federal court ruled.

  • October 17, 2024

    Ex-Posner Staffer Can't DQ Magistrate Judge In Salary Suit

    A former staffer for retired Seventh Circuit Judge Richard Posner's now-defunct pro se clinic can't disqualify the magistrate judge on his $170,000 suit because disagreements over the judge's orders aren't enough to prove bias and favoritism, an Indiana federal judge ruled Wednesday.

  • October 17, 2024

    DQ'd Atty Says It Was Wrong To Boot Her From Dominion Suit

    An attorney barred from defending former Overstock CEO Patrick Byrne in a defamation suit brought by Dominion Voting Systems implored a D.C. federal judge during a Thursday hearing to allow her back on the case, insisting that a magistrate judge was wrong to disqualify her.

  • October 17, 2024

    Firm, Nonprofits Say Free Speech Bars Ex-Yale Student's Suit

    An expelled Yale University student's defamation claims against a Michigan law firm and nonprofit organizations over a rejected amicus brief suggesting he committed rape must be axed because the contents are constitutionally protected, the defendants told a Connecticut state court Wednesday.

  • October 17, 2024

    Seyfarth Hit With $8M Suit For Botched Wage Class Settlement

    Seyfarth Shaw LLP owes a physician practice almost $8 million for negligently removing hundreds of the practice's employees from a list of those entitled to part of a $4.9 million wage and hour settlement, costing the practice another $3.6 million to correct the mistake, according to a California suit.

  • October 17, 2024

    Philly Atty Gets 4-Year Ban Over Botched Civil Rights Case

    The Pennsylvania Supreme Court has suspended a Philadelphia-based solo practitioner for four years after determining he spent 10 years communicating with a client about a civil rights case despite having failed to ever file a complaint in the matter.

  • October 17, 2024

    Ex-Defender Returns To 4th Circ. With Sex Bias Case

    A former North Carolina public defender appealed her bias case against the judiciary to the Fourth Circuit for a second time after a North Carolina federal judge refused to reconsider his ruling that she did not provide adequate notice to her ex-employer before filing suit.

  • October 17, 2024

    NJ Atty Disbarred On Charges Of Stealing Over $600K

    A New Jersey attorney accused of stealing over $600,000 from several clients through fraudulent real estate transactions over the last 10 years has been disbarred in New Jersey state and federal court.

  • October 17, 2024

    NJ Judge Shakes Ethics Charges Over Aide's Remote Work

    The New Jersey Supreme Court on Thursday dismissed ethics charges against a judge accused of improperly letting his secretary work remotely, a move he called an "honest mistake" rooted in his belief that he was authorized to make that kind of working arrangement.

  • October 16, 2024

    NH Justice Indicted For Interfering With Criminal Probe

    The New Hampshire Department of Justice announced Wednesday that New Hampshire Supreme Court Associate Justice Anna Barbara Hantz Marconi has been indicted on charges she tried to interfere with a criminal investigation focusing on her husband, the director of the New Hampshire Division of Ports and Harbors.

  • October 16, 2024

    Garth Brooks Says Rape Accuser Already Revealed Herself

    Country music star Garth Brooks on Wednesday urged a Mississippi federal court to reject a hair and makeup artist's request that he be sanctioned for publicly revealing her identity out of spite after she accused him of rape, arguing that she already agreed to use her name in the litigation.

  • October 16, 2024

    Nike Still Owes Fees In 'Cool Compression' TM Case

    A Pennsylvania federal judge on Wednesday ruled for a second time that Nike is on the hook for legal fees in a trademark lawsuit after the Third Circuit ordered him to take a closer look at the details of the case to determine if the outcome was truly "exceptional."

  • October 16, 2024

    Ex-Davis Polk Atty Drops Appeal Of Bias Verdict Loss

    A former Davis Polk & Wardwell LLP associate on Tuesday dropped his appeal of a jury verdict clearing the firm and two lawyers of liability in a suit alleging he was fired in retaliation for airing concerns about racial bias and diversity.

  • October 16, 2024

    NY State Judge Says He's Immune In Tribe's Eviction Suit

    A New York state judge has urged a federal court to throw out a Cayuga Nation lawsuit accusing him of interfering with the tribe's sovereign authority as it looks to evict two tribal members from properties on reservation land, saying he is immune from the suit.

  • October 16, 2024

    Record Labels Seek Sanctions For Claim They Aided Combs

    Music companies on Wednesday urged a Manhattan federal judge to sanction an attorney for pursuing what they called "outrageous" claims that they supported Sean "Diddy" Combs' sex- and drug-fueled "freak offs."

  • October 16, 2024

    Mich. Panel Sinks Inventor's Atty Malpractice Appeal

    A Michigan appellate panel has held that the inventor of a swim training device did not prove he would have built a successful custom swim paddle business had his attorney secured him a patent, affirming the dismissal of a legal malpractice suit against the inventor's patent attorney and firm.

  • October 16, 2024

    Justices Won't Review Tax Scam Co-Conspirator's Sentence

    The U.S. Supreme Court declined to review the more than eight-year prison sentence for one of the men who conspired with a Canfield, Ohio defense attorney to perpetrate a tax refund scam that defrauded the U.S. Internal Revenue Service out of $1.3 million.

  • October 16, 2024

    Ex-Alderman Can't End Supervised Release For Tax Crime

    A former Chicago alderman and attorney who was convicted of tax evasion cannot terminate his court-ordered supervised release, an Illinois federal judge said Wednesday.

  • October 16, 2024

    Trump Mostly Denied 'Speculative' Jan. 6 Document Bids

    A D.C. federal judge on Wednesday largely denied Donald Trump's request for documents from a slew of federal agencies as he defends against election interference charges, calling the motion mostly "speculation."

  • October 16, 2024

    Giuliani Says Ga. Poll Workers Can't Go After His Fla. Condo

    Disgraced ex-lawyer Rudy Giuliani told a New York federal court Wednesday that two Georgia poll workers cannot force a sale of his Florida condominium to help cover their $148 million defamation award against him because the property is his permanent residence and thus is shielded under a "homestead" exemption.

  • October 16, 2024

    Ex-Jones Day Attys' Parental Leave Suit Gets 2025 Trial Date

    Two former Jones Day associates challenging the firm's family leave policy will go to trial in late 2025 after a D.C. federal judge allowed certain claims in the lawsuit to move forward.

  • October 16, 2024

    Ex-Judge Aims To Shield Bank Records In Romance Probe

    A former U.S. bankruptcy judge is hoping to sink a subpoena from the U.S. Trustee's Office for his banking records in connection with its inquiry into his concealed romantic relationship with a former Jackson Walker LLP partner who appeared before him in a number of cases.

  • October 16, 2024

    Ex-NJ Atty Cops To $1.8M Theft From Dozens Of Clients

    A disbarred Garden State real estate lawyer who plundered more than $1.8 million from 60 clients has entered a guilty plea in New Jersey state court to a charge of second-degree financial facilitation of criminal activity, according to a statement Wednesday from the Monmouth County prosecutor's office.

  • October 16, 2024

    Foley Hoag Wants Bulk Of Claims Axed In NY Wage Suit

    Foley Hoag LLP has asked a New York federal judge to toss most of the claims in an employee's suit alleging the firm failed to pay overtime wages and engaged in various forms of retaliation and discrimination against him, arguing the complaint "is largely devoid of well-pleaded factual allegations."

Expert Analysis

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.

  • 'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea

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    Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.

  • Series

    Swimming Makes Me A Better Lawyer

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    Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.

  • Don't Use The Same Template For Every Client Alert

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    As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Law Firms Should Know Amid Rise In DQ Motions

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    As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

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