Legal Ethics

  • April 02, 2024

    Backlash To 3rd Circ. Nom Could Hamper More Muslim Picks

    Only two Muslims serve on the federal bench, well below the prevalence of people practicing the faith within the U.S., and the recent travails of a third picked to serve on the court might bode ill for adding more.

  • April 02, 2024

    Crowell & Moring Attys Avoid Bias Fault In Army Deal Protest

    The U.S. Government Accountability Office denied a Virginia-based defense contractor's protest of a $192.7 million U.S. Army technical and engineering support deal but refused to fault Crowell & Moring LLP attorneys for representing the contractor despite conflict of interest allegations.

  • April 02, 2024

    Ex-NY Court Atty Says DA Has No Evidence Of Corruption

    A former appeals court attorney told a Manhattan jury Tuesday that the district attorney can't back up charges that she intended to benefit her husband when she gave a "basic, procedural fact" about the status of a case to his client.

  • April 02, 2024

    Amazon, Apple Buyers Defend Adding New Class Reps

    Attorneys for a proposed antitrust class action against Apple and Amazon say the tech giants are being unreasonable by trying to stop them from adding new class representatives to the case after the initial delegate stopped talking with his legal team.

  • April 02, 2024

    Feds Seek Use Of 'Intertwined' Evidence In NC Tax Fraud Trial

    Federal prosecutors have asked a North Carolina district court to permit tangential evidence in a tax fraud trial, saying that the evidence is "inextricably intertwined with the charged conduct" of two St. Louis attorneys and a North Carolina insurance agent.

  • April 02, 2024

    Conn. Firm Defends Infant Death Probe In Sanctions Feud

    A Connecticut firm is defending its investigation leading up to filing to a product liability lawsuit against two companies it claims produced and sold an infant lounger linked to a number of baby deaths, asking a Connecticut federal court to quash twin Rule 11 sanctions accusing it of pursuing frivolous claims.

  • April 02, 2024

    Prosecutors Call Indicted Exec's Misconduct Claims 'Flawed'

    Prosecutors have asked a California federal judge to reject a bid for sanctions by a former healthcare CEO indicted on novel insider trading charges, arguing that his claims related to a separate case are based on "flawed grounds."

  • April 02, 2024

    NFL Rips 'Unnecessary' Compel Motion In Sunday Ticket Spat

    The NFL pushed back against the plaintiffs' efforts to revisit discovery documents in an antitrust class action over the league's Sunday Ticket broadcast package, arguing the motion to compel is a "manufactured and unnecessary dispute" over a discovery process that ended two years ago.

  • April 02, 2024

    Major Lindsey Accused Of Targeting Atty Who Sued Troutman

    Legal recruiter Major Lindsey & Africa was hit with a lawsuit on Tuesday claiming it internally "blackballed" a midlevel associate who sued Troutman Pepper for racial discrimination, thereby putting the lie to Major Lindsey's "claims to champion diversity" and making the firm an "accomplice" to "systemic race discrimination" in the legal industry.

  • April 02, 2024

    McCarter & English's Client Contract Win Heads To Mediation

    The law firm McCarter & English LLP will hold settlement talks in June with an ex-client who has already lost a jury trial over $2 million in unpaid legal bills and potentially faces $3.6 million in punitive damages after an anticipated decision by Connecticut's highest court, a federal magistrate judge ruled Tuesday.

  • April 02, 2024

    Adams And Reese Can't Use Free Speech Law To Avoid Suit

    In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.

  • April 02, 2024

    Boston Bomber Case Offers Clues For Trump Jury Selection

    A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.

  • April 02, 2024

    Ex-Trustees Urge Ga. High Court To Take On Legal Fee Spat

    Former trustees of a furniture tycoon's trust have asked the Georgia Supreme Court to rule that the trust has a duty to defend them against claims from the trust beneficiaries, arguing that this "appeal has implications for every indemnitee/insured" in the state.

  • April 02, 2024

    Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules

    A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.

  • April 02, 2024

    Cole Scott Beats DQ Bid Over Partner's Past Work

    The plaintiff in a car wreck injury lawsuit cannot disqualify Cole Scott & Kissane PA defense counsel from the case, a Florida federal judge has determined, finding that a firm partner's previous representation of the plaintiff in a separate suit was not enough of a connection to warrant the firm's removal.

  • April 02, 2024

    100-Plus Groups Rally Behind Adeel Mangi For 3rd Circ.

    Over 100 federal and state advocacy groups sent a letter to senators on Tuesday urging them to support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge if confirmed, amid increasing opposition to him.

  • April 01, 2024

    Trump's Gag Order Expands Over 'Attacks' On Judge's Family

    Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.

  • April 01, 2024

    L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct

    A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction."

  • April 01, 2024

    Ga. Judicial Watchdog Wants Probate Judge Off The Bench

    A three-member panel of Georgia's Judicial Qualifications Commission has recommended a Douglas County probate judge be removed from the bench following accusations that she violated the state's Code of Judicial Conduct on social media and jailed a woman seeking to amend her marriage record.

  • April 01, 2024

    Nat'l Security Info Ordered Sealed In $12M Somali Fraud Case

    A Maryland federal judge has ordered protocols to seal confidential State Department materials amid the government's criminal fraud case charging a Maryland lawyer with misappropriating more than $12 million in Somali state assets.

  • April 01, 2024

    Loophole Ties Conn. Firm To Home Sale Row, Judge Told

    A narrow exception to Connecticut's unfair trade practices law means an estate lawyer can be sued over how his firm handled money after the seller of a Vermont home suddenly died and his significant other was left in the lurch, an attorney for the girlfriend told a Connecticut judge on Monday.

  • April 01, 2024

    Shell Ordered To Hand Over Docs In Conn. Climate Dispute

    Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.

  • April 01, 2024

    Kirkland Atty Escapes Malpractice Suit Over Loan Docs

    A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.

  • April 01, 2024

    Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit

    The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.

  • April 01, 2024

    Murdaugh Gets 40 Years For Financial Crimes In Fed. Court

    Alex Murdaugh, the disgraced former South Carolina lawyer serving a life sentence for murder, was hit with a concurrent 40-year prison term in federal court Monday after pleading guilty to stealing at least $9 million from clients.

Expert Analysis

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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