Legal Ethics

  • March 28, 2024

    NYC Firm Hit With $2.3M Suit Over Botched 9/11 Claim

    The family of a former Cantor Fitzgerald partner killed in the 9/11 attacks sued a personal injury boutique firm in New York state court over claims it botched their chance at recovering more than $2 million from a federal compensation fund.

  • March 28, 2024

    Ex-BigLaw Atty Calls For Injunction Amid Online Harassment

    A former Greenberg Traurig LLP patent attorney locked in litigation in Florida federal court with a social media influencer over claims the influencer mounted a campaign to get him fired and destroyed his reputation reiterated his request for a cyberstalking injunction Thursday as he detailed disturbing recent instances of online harassment he has received.

  • March 28, 2024

    Disbarring Jeffrey Clark Would Chill Gov't Dialogue, Prof Says

    A Yale Law School professor said Thursday that he does not believe former U.S. Department of Justice attorney Jeffrey Clark should face punishment for advocating to send a letter to Georgia officials purporting to identify significant concerns with the 2020 election, testifying before a Washington, D.C., attorney ethics panel that such discipline would devastate free dialogue within government agencies.

  • March 28, 2024

    McCarter & English Wins Extra $1.8M In Client Billing Suit

    A Connecticut federal judge has found that McCarter & English LLP is entitled to another $1.8 million on top of the $1.85 million it has already been granted as a prejudgment remedy in a contract dispute, saying the former client on the hook for the award must also disclose assets under oath that could support the total $3.65 million award.

  • March 28, 2024

    Grading Garland: Attys Give AG Mixed Reviews 3 Years In

    U.S. Attorney General Merrick Garland's name won't be on the ticket in November, but his performance three years into his tenure is a subplot in the 2024 presidential election.

  • March 28, 2024

    Fired Alston & Bird Aide Fights Arbitration Of Vax Claims

    An Alston & Bird LLP staffer fired after refusing to get vaccinated for COVID-19 told a Georgia federal court that it should refuse to force her discrimination suit into arbitration, since her employment contract was not a matter of interstate commerce.

  • March 28, 2024

    Bankman-Fried Gets 25 Years For 'Very Bad Bet' Of FTX Fraud

    FTX founder Sam Bankman-Fried was sentenced Thursday to 25 years in prison for stealing more than $11 billion from customers, investors and lenders of his now-collapsed cryptocurrency empire, with a Manhattan federal judge saying the infamous risk-taker "made a very bad bet about the likelihood of getting caught."

  • March 28, 2024

    Judge Nixes Aviation Atty's Defamation Suit Against Blogger

    A Connecticut federal judge has permanently dismissed a defamation suit brought by an aviation attorney against a Connecticut-based blogger and journalist, stating the claims are barred by the state's statutes of limitations and cannot be saved by equitable tolling arguments based on federal law.

  • March 27, 2024

    Judge Agrees To Training For 'Overly Harsh' Workplace

    The Judicial Council for the Second Circuit has declined to review the dismissal of a law clerk's complaint against a federal judge, who acknowledged the clerk's claims of their "overly harsh" management style and agreed to participate in workplace conduct counseling and training.

  • March 27, 2024

    Pool Co. Says Objection To Trial Attys Leaving Is 'Misplaced'

    A swimming pool equipment maker has hit back at objections to some of its counsel exiting the case after a nearly $15 million trial loss over false ad claims in North Carolina, saying its rival's grievances are "misplaced."

  • March 27, 2024

    Malpractice Suit Against Texas Magnate's Atty Revived

    A Texas appeals court has revived claims that a longtime family attorney violated his duty as trustee to their fortune by using his position to enrich himself and undercut the heir to a Lone Star State business empire.

  • March 27, 2024

    Farm Data Co. Wants To Bar Carlton Fields Atty From IP Suit

    Lawyers for an agricultural industry data software outfit want a Carlton Fields lawyer banned from participating in a patent dispute with a rival startup because of her in-house involvement at the rival and work on an older trade secrets suit involving the same technology.

  • March 27, 2024

    Calif. Judge Decries DOJ's Broken Promises In Travel Ban Suit

    A California federal judge reprimanded U.S. Department of Justice attorneys for causing delays, breaking promises and hobbling the administration of justice while granting class certification to individuals who sought waivers to former President Donald Trump's travel ban targeting mostly Muslim-majority countries.

  • March 27, 2024

    Atty's 'Bare Minimum' Sank Negligence Death Suit, Panel Says

    A New Jersey appellate panel has backed the dismissal of a suit accusing a nursing home of negligently failing to prevent a patient's purportedly fatal fall, ruling a trial court was within its discretion in finding the plaintiff's attorney did "the bare minimum" to produce expert reports and the plaintiff fell short of the threshold to reopen discovery.

  • March 27, 2024

    Eastman Should Be Disbarred, Calif. State Bar Judge Rules

    A State Bar Court of California judge on Wednesday recommended disbarring Donald Trump's onetime attorney John Eastman, who helped plan and promote the former president's strategy to overturn the 2020 presidential election.

  • March 27, 2024

    Panel Wants NJ Judge Booted Off Bench For 'Blatant' Violations

    The New Jersey state courts' Advisory Committee on Judicial Conduct recommended Wednesday that a municipal judge with posts in Burlington and Mercer counties be removed from the bench for "blatant and serious" violations of judicial conduct codes.

  • March 27, 2024

    Ex-Mich. AG Hopeful Can't Show Bias In Criminal Election Case

    A Michigan attorney who advanced baseless 2020 election conspiracy claims must face charges he tampered with voting machines, after a judge said Wednesday that the lawyer's previous failed suit against the state demanding an election audit did not make prosecutors biased.

  • March 27, 2024

    Calif. Rail Biz Attys Face DQ Bid Over Bad Faith, Info Breach

    A Black engineer accusing Pacific Harbor Line of workplace racial bias has urged a California federal judge to bar Buchannan Ingersoll & Rooney LLP from representing the railroad company, citing a sanctions bid against his counsel that had "no evidentiary basis" and "improper" communication with a paralegal for the engineer's legal team.

  • March 27, 2024

    2nd Circ. Won't Revive Ex-NY Law Clerk's Harassment Suit

    The Second Circuit Wednesday agreed with a New York federal district court's dismissal of a suit brought by a former New York law clerk accusing the state's judicial system of covering for a judge she says sexually harassed her, holding that it lacked jurisdiction to hear the appeal.

  • March 27, 2024

    Feds Say Murdaugh Lied, Broke Plea Deal Over $9M Fraud

    Alex Murdaugh, the South Carolina attorney serving a life sentence for killing his wife and son, was dishonest with the government and should potentially face a harsher prison sentence than the one proposed in a plea agreement on federal charges of stealing at least $9 million from clients, prosecutors said. 

  • March 27, 2024

    Misconduct In 'Fat Leonard' Case Sinks 3 More Guilty Pleas

    Alleged prosecutorial misconduct has set up three more defendants charged in relation to the U.S. Navy's "Fat Leonard" scandal to yank their original guilty pleas so they can plead guilty to much less serious charges.

  • March 27, 2024

    Rosen Tells Ethics Panel Jeffrey Clark Was 'Out Of Bounds'

    Former acting U.S. Attorney General Jeffrey Rosen testified Wednesday that his onetime subordinate, former U.S. Department of Justice attorney Jeffrey Clark, went far beyond the scope of his duties in the final days of the Trump administration, as Clark faces disciplinary charges from a Washington, D.C., attorney ethics panel.

  • March 27, 2024

    Smith Gambrell Sued For Keeping $4.6M In Real Estate Row

    Several business entities involved in the failed purchase of a Brooklyn development property contend that Smith Gambrell & Russell LLP is unlawfully refusing to release more than $4.6 million that the firm is holding in escrow, according to a complaint filed in New York state court.

  • March 27, 2024

    Insurer Ducks Coverage Of Florida Law Firm Dispute

    A personal injury law firm involved in a joint venture dispute has no insurance coverage for the litigation, a Florida federal judge has ruled, finding its policy only provided professional services liability, not anything else.

  • March 27, 2024

    ​​​​​​​Atty's Trade Libel Suit Against Family Can Go On, Judge Says

    A New Jersey federal judge is allowing class action attorney Carl J. Mayer to move forward with a lawsuit alleging his brother and cousins falsely accused the lawyer of stealing his father's money, ruling that Mayer's claims are not time-barred and that he has pleaded enough facts to support his allegations.

Expert Analysis

  • Recalling USWNT's Legal PR Playbook Amid World Cup Bid

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    As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.

  • Opinion

    Guardrails Needed Against Politically Motivated Atty Discipline

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    As illustrated by revelations about disbarred attorney Tom Girardi’s influence, there is a need to revamp attorney discipline to protect the public, but any reforms to misconduct rules must also consider how bar-directed disciplinary hearings are increasingly used as a political weapon, says Deborah Winokur at Cozen O'Connor.

  • Groundbreaking Nev. Law May Alter Insurance Landscape

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    The Nevada Legislature recently passed a law prohibiting insurers from issuing liability policies with eroding limits provisions that has the potential to create massive shifts in the marketplace — and specifically in areas like professional liability, cyber, and directors and officers insurance, says Will Bennett at Saxe Doernberger.

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • Durham Hearing Shows Common Cross-Examination Errors

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    Trial attorneys can glean several key cross-examination lessons from the mistakes made by several members of the U.S. House of Representatives during a recent hearing on special counsel John Durham’s FBI probe, say Luke Andrews and Asha Laskar at Poole Huffman.

  • Opinion

    When Corporate Self-Disclosure Threatens Individuals' Rights

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    The prosecution of former Cognizant executives in New Jersey federal court demonstrates how the U.S. Department of Justice’s corporate enforcement policy can contravene the constitutional rights of individual defendants who are employed by cooperating companies, says Gideon Mark at the University of Maryland.

  • Pitfalls Of Attorney AI Use In Brief Prep Has Judges On Alert

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    Some lawyers are attempting to leverage generative artificial intelligence as a brief drafting tool, which may serve to greatly reduce the burden of motion practice, but several recent cases show that generative AI is not perfect and blind reliance on this tool can be very risky, say Matthew Nigriny and John Gary Maynard at Hunton.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

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    William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • Handling Hostile Depositions: Keep Calm And Make A Record

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    When depositions turn contentious, attorneys should, among other strategies, maintain a professional demeanor and note any objectionable conduct on the record, thereby increasing chances of a favorable outcome for the client while preserving the integrity of the legal process, say attorneys at Steptoe & Johnson.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • A Midyear Look At How AI Is Affecting Lawyers

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    The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.

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