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Legal Ethics
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August 01, 2024
No Sanctions In Mom's $13.4M Feud With Conn. Group Home
A Connecticut state court judge has ruled that no sanctions are immediately necessary in a post-verdict feud between a group home accused of dodging depositions and an 81-year-old mother seeking to collect a $13.4 million judgment surrounding her son's death.
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August 01, 2024
Colo. Judges Can't Tell Magistrates To Redo Rulings
Colorado state courts that reject a magistrate's order can't send it back to the magistrate for reconsideration, a state appellate panel ruled Thursday, stating in a published opinion that district judges must issue a new ruling themselves.
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August 01, 2024
Reed Smith Says NJ High Court Ruling Limits Ex-Atty's Claims
A recent New Jersey Supreme Court ruling "dramatically changes the landscape and scope" of a former Reed Smith LLP attorney's discrimination suit, the firm has told a state court judge in a brief asking that discovery and damages be limited and one claim be dismissed.
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August 01, 2024
Judge Maintains Bulk Of Ex-Rutgers Law Student's Bias Suit
A New Jersey state judge on Thursday rebuffed for the most part an attempt by Rutgers University to prune a former law student's lawsuit alleging antisemitic discrimination, saying dozens of passages the school sought to excise from the 260-paragraph complaint are relevant to the case.
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August 01, 2024
DC Panel Wants 2-Year Sanction For Ex-DOJ Atty Jeffrey Clark
A Washington, D.C., attorney disciplinary panel on Thursday recommended a two-year suspension for former Justice Department official Jeffrey Clark, finding he acted "with truly extraordinary recklessness" when he sought to promote former President Donald Trump's efforts to undermine the 2020 presidential election.
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August 01, 2024
Fla. Justices Sanction Paralegal For Immigration Practice
The Florida Supreme Court on Thursday told a paralegal and the immigration legal services businesses she has operated that she must reimburse clients who were misled into believing they were working with licensed attorneys.
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August 01, 2024
Feds Urge Against Steve Bannon's En Banc Rehearing Bid
The federal government is urging the D.C. Circuit not to revisit its long-standing precedent on the meaning of the contempt of Congress law as former Donald Trump aide Steve Bannon looks to undo his conviction under the statute.
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August 01, 2024
Former NC Paralegal Gets 30 Months For $2M Embezzlement
A former paralegal was sentenced to two and a half years in prison on Thursday for embezzling more than $2 million from the clients of a North Carolina law firm, with a federal judge agreeing to reduce the government's recommended 41-month prison sentence.
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August 01, 2024
6th Circ. Dashes Appeal Of Mich. Township's Ex-GC
A Michigan township's former general counsel was not denied due process when his position was eliminated in 2020, the Sixth Circuit has ruled, agreeing with the district court that the attorney's employment agreement did not guarantee him a job.
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August 01, 2024
NY Appeals Court Upholds Trump Gag Order
A New York appeals court on Thursday rejected Donald Trump's bid to strike down a gag order that bars him from threatening court and district attorney staff in his criminal hush money case ahead of his scheduled sentencing next month, as the former president renewed his bid to vacate his conviction following the U.S. Supreme Court's immunity ruling.
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August 01, 2024
Schumer And Senate Dem Bill Would Reverse Trump Immunity
Senate Majority Leader Chuck Schumer, D-N.Y., and more than 30 of his Democratic colleagues introduced a bill on Thursday to undo the U.S. Supreme Court's ruling that former President Donald Trump has immunity for official acts.
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July 31, 2024
DOD Says 9/11 'Mastermind,' 2 Accomplices Reach Plea Deals
The man accused of planning the attacks of Sept. 11, 2001, and two of his accused accomplices have reached plea agreements in their military commission cases, the U.S. Department of Defense announced Wednesday.
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July 31, 2024
Live Nation Says In-House Attys Can't Access DOJ Docs
As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.
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July 31, 2024
Lewis Brisbois TM Foe Can't Ax Injunction, 5th Circ. Says
The Fifth Circuit on Wednesday upheld an injunction against three Texans accused of ripping off the Lewis Brisbois Bisgaard & Smith LLP name, saying it's clear the only reason the defendants created the infringing entity "was to ride on the back" of the BigLaw firm's reputation.
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July 31, 2024
Ghanaian Oil Co. Hit With Sanctions In Discovery Fight
A Texas federal judge has slapped sanctions against an African energy company after finding that it lied in Ghanaian court about a discovery dispute related to a case in Ghana, saying attorney fees and costs are appropriate in relation to several proceedings.
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July 31, 2024
Calif. Bar Says Atty Can't End Billing Scandal's Hacking Claim
A San Fernando Valley attorney cannot escape an ethics charge alleging he plotted to hack the email and phone of a judge overseeing a public utility class action, the California Bar has told the State Bar Court, urging the court to reject the attorney's argument that merely "discussing plans" for a hack is not an offense.
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July 31, 2024
Kenyan Firm Sues Ill. Attys Over Ethiopian Airlines Crash Fees
A small Kenyan law firm seeking attorney fees from a 2019 Ethiopian Airlines crash victims settlement with Boeing is accusing Jenner & Block LLP and another Chicago firm of coaxing its former client into firing the firm, allegedly through misinformation and forged signatures, according to a suit filed in Illinois federal court this week.
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July 31, 2024
Ga. Panel Strikes Sanctions Without Day In Court In HOA Row
A Georgia Court of Appeals panel said Wednesday a Fulton County trial judge wrongly entered sanctions against a woman without holding a hearing after she failed to attend depositions with an Alpharetta homeowners association.
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July 31, 2024
4 Mass. Rulings You May Have Missed In July
Massachusetts state court judges refereed a damages dispute between a real estate titan and a Big Four consultant, ruled in favor of allegedly underpaid healthcare workers and untangled a defamation suit over a labor executive's old social media posts, among other notable rulings during the month of July.
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July 31, 2024
Rutgers 'Caught Red Handed' In Discovery Row, Ex-Student Says
A Jewish law student who filed a discrimination suit against Rutgers pressed a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him, arguing it "got caught red handed" in trying to circumvent a court order to get discovery from him.
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July 31, 2024
Second Ex Parte Convo Adds To Chaos In Young Thug Trial
Defense counsel in the increasingly disarrayed gang trial of Atlanta rapper Young Thug accused the case's former judge on Wednesday of being a "co-conspirator" with the state, after learning of yet another ex parte conversation with prosecutors that had been concealed.
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July 31, 2024
Ex-Chicago Alderman Should Serve Full Supervision, Feds Say
A former Chicago alderman and attorney convicted of tax crimes should not be allowed an early reprieve from his court-ordered supervision because it has become his main form of punishment following his compassionate release from prison, the government has told an Illinois federal court.
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July 31, 2024
Fox Rothschild Faces Malpractice Suit Over Land Row
Two siblings have brought legal malpractice claims against Fox Rothschild LLP and a firm partner in New Jersey state court, accusing the lawyer of bungling a 1984 property deed and a 1993 trust belonging to their stepfather.
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July 31, 2024
Ga. Judge Gets Suspension And Reprimand In Harassment Case
Georgia state Superior Court Judge Robert "Bobby" Reeves will be suspended for 30 days and has promised not to run for reelection for numerous counts of misconduct, the Georgia Supreme Court decided Tuesday.
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July 31, 2024
5 Trials To Watch In The 2nd Half Of 2024
Upcoming high-profile trials over star lawyer Tom Girardi's alleged fraud, Hunter Biden's taxes and Washington state's "patent troll" law are among the cases to watch in the latter half of the year.
Expert Analysis
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.