Legal Ethics

  • 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.

  • March 27, 2024

    Advice-Of-Counsel Defense Curbed From NC Tax Fraud Trial

    Two St. Louis attorneys and a North Carolina insurance agent can't fall back on advice-of-counsel defenses during their upcoming tax fraud trial after a federal judge found that they had failed to follow court orders requiring them to hand over information about the advice they sought.

  • March 27, 2024

    Embattled Law Firm Can't Escape Hurricane Ad Suit

    A Texas federal judge has agreed with a magistrate judge's recommendation in refusing to toss a suit seeking class damages over a troubled Houston law firm's allegedly illegal efforts to solicit clients in hurricane-related property damage cases.

  • March 27, 2024

    Atlanta Immigration Firm Accused Of Not Paying Paralegal OT

    An Atlanta immigration law firm is facing a lawsuit in Georgia federal court from a paralegal who says he was misclassified as an independent contractor and denied overtime pay, despite routinely working upward of 40 hours per week.

  • March 27, 2024

    Ex-SDNY Clerk Can't Skirt Prison For Bribe Plot, Feds Say

    Federal prosecutors in the Southern District of New York pushed back on a former court clerk's request for no prison time after he was convicted of scheming to refer clients to a defense attorney for kickbacks, calling for a sentence of 41 to 51 months.

  • March 26, 2024

    Sedgwick Judge Rips Attys 'Playing Games' In Clawback Trial

    A California federal judge presiding over the Sedgwick LLP trustee's bid to claw back $1.1 million from two ex-partners overruled defense objections to Sedgwick's financial statements, asking, "How am I supposed to do this without numbers?" and telling counsel, "You're playing games with me on this, because I need to see numbers."

  • March 26, 2024

    Judge Declines 'Mini-Trial' Over Fees In 'Reply All' TM Suit

    A federal magistrate judge in Brooklyn has awarded nearly $1.1 million in legal fees to Spotify's Gimlet Media while calling out "the extensive finger-pointing and mutual accusations" from a software company and its lawyers over who owes fees after bringing a failed trademark suit targeting the "Reply All" podcast.

  • March 26, 2024

    Indicted Exec Wants Suit Tossed For Prosecutors' Misconduct

    A former healthcare CEO indicted on novel insider trading charges is trying once again to have the case tossed from California federal court, this time accusing prosecutors of improperly contacting a represented party in a separate but related civil case, weeks after a previous attempt to duck the charges failed.

  • March 26, 2024

    Law Firm Can't Ditch Class Cert. In Interest Rate Challenge

    A Michigan federal judge on Tuesday declined to decertify a class of debtors alleging a law firm charged unlawfully high post-judgment interest rates, saying the defendants were confused about what was needed to show standing.

  • March 26, 2024

    Texas AG Scores 'Huge Victory' With Securities Fraud Deal

    A deal announced Tuesday that ended Texas Attorney General Ken Paxton's nearly decadelong securities fraud case is a significant win for the chief legal officer, who avoided a potentially messy trial in a case that experts told Law360 might have been weaker than prosecutors had hoped.

  • March 26, 2024

    Meta, Porn Stars Fight Over Fate Of OnlyFans Suit

    Meta traded barbs with adult entertainment performers about how to end a suit claiming the social media giant conspired with OnlyFans to boost the risqué platform over competitors, with the performers fighting to drop their California federal court allegations in a way that they could still be refiled.

  • March 26, 2024

    Boston To Pay $4.7M To Settle Suit Over Fatal Police Shooting

    The city of Boston said Tuesday that it has agreed to pay $4.7 million to settle a suit brought by the mother of a Black man fatally shot by police in 2016, ending a yearslong case that saw the city repeatedly draw the ire of the presiding judge due to discovery missteps.

  • March 26, 2024

    Trump Hit With Gag Order In NY Criminal Trial After Threats

    The New York judge overseeing Donald Trump's hush money case on Tuesday imposed a limited gag order on the former president, barring him from speaking publicly about jurors or witnesses and limiting what he can say about any attorneys in the case, prosecutors, court staff or their families.

  • March 26, 2024

    Men Let Off $114M Fraud Fight Feds Dismissal Pause

    A group of men who a Texas judge recently let off federal criminal charges of illegally manipulating stock prices has urged the court to reject prosecutors' attempt to pause dismissal of the case, arguing there is no justification for the move.

  • March 26, 2024

    Girardi Fraud Trial Moved To Aug. 6

    A California federal judge has agreed to postpone disgraced California plaintiffs attorney Tom Girardi's trial to Aug. 6, setting the proceedings to begin 16 months later than originally required at the outset of the case.

  • March 26, 2024

    Golf Pro Out Of Bounds In Atty Fee Stay Bid, 11th Circ. Told

    Media companies have urged the Eleventh Circuit to reject pro golfer Patrick Reed's bid to block their award of attorney fees after defeating the player's defamation suit alleging that journalists' criticism of his recruitment to the Saudi-backed LIV Tour hurt his health and career.

  • March 26, 2024

    NY Lawyer Disbarred As Result Of $1.2M Theft Conviction

    A New York appeals court on Tuesday disbarred former Gordon & Silber partner Arthur Cohen, who was sentenced to prison in October for siphoning about $1.2 million from the now-defunct law firm.

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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