Legal Ethics

  • February 15, 2024

    Stanford Prof Must Pay Atty Fees In Dropped Defamation Suit

    A Stanford University professor who sued critics of his renewable energy research must pay more than $500,000 in attorney fees despite dropping the litigation, the D.C. Court of Appeals ruled Thursday.

  • February 15, 2024

    Ex-Employer Blasts Lewis Brisbois Partner's Immunity Claim

    A Houston lawyer and his firm, Berg & Androphy, are urging a Texas state court to reject an attempt by a former employee and current partner with Lewis Brisbois Bisgaard & Smith LLP to avoid $457,190 in potential sanctions for allegedly harassing Berg & Androphy with years of legal fights over back wages.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Trump Prosecutor Blasts DQ Bid: 'Contrary To Democracy'

    Fulton County, Georgia, District Attorney Fani Willis delivered fiery testimony Thursday during a hearing seeking to have her office removed from the election interference case of Donald Trump and his allies, forcefully denying an improper relationship with a special prosecutor tapped for the high-profile case.

  • February 15, 2024

    Ex-McElroy Deutsch CFO Charged With $1.5M Theft From Firm

    McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer has been hit with criminal charges in New Jersey state court alleging he embezzled more than $1.5 million from the firm over a five-year period in unauthorized compensation and company credit card charges for personal expenses, prosecutors said Thursday.

  • February 15, 2024

    1st Circ. Says Atty's Absence No Reason To Toss RICO Case

    The First Circuit has said a Boston federal judge's decision to dismiss a civil racketeering lawsuit after the plaintiff's counsel missed a hearing was an unwarranted rush to the "draconian sanction," which should be reserved for more extreme misconduct.

  • February 15, 2024

    Trump Gets March 25 Trial Date In NY Hush Money Case

    The Manhattan district attorney's hush money case against Donald Trump is on track to be the first of the former president's four criminal matters to go to trial, after a state judge on Thursday denied his motion to dismiss the charges and confirmed a March 25 date for jury selection.

  • February 14, 2024

    Telecom Confusion Caused $56M Damages, Conn. Judge Told

    A telecommunications company's confusion about bankruptcy law played a key role in the disintegration of a contract for Los Angeles telephone switching equipment and related telecom services, a company seeking $56 million told a Connecticut state judge on Wednesday as a bench trial kicked off in the 14-year-old case.

  • February 14, 2024

    What's Left Of Judge Newman's DC Suit Likely Won't Go Far

    A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.

  • February 14, 2024

    Atty Fighting Sanctions Not Blameless, Mich. Justices Told

    A Michigan defense attorney's arguments for why he should escape sanctions contain "several important inaccuracies and deficiencies," plaintiffs in an underlying real estate dispute have told the state Supreme Court in a brief, arguing that the attorney cannot escape being held jointly and severally liable along with previous defense counsel.

  • February 14, 2024

    Energy Co. Says Tribal Court Being Used To Duck $12M Award

    Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.

  • February 14, 2024

    NJ Law Firm Beats Malpractice Claims Over Real Estate Deal

    A New Jersey state appeals court on Wednesday refused to revive legal malpractice claims against a law firm over its involvement in a botched real estate transaction, ruling that the lack of an expert report doomed the lawsuit because the claims were too intricate to be common knowledge.

  • February 14, 2024

    March Trial Set For Samsung Claims Against Ex-IP Attys

    A Texas federal judge has backed a magistrate judge's recommendation to resolve Samsung's claims of misconduct against two of its former in-house intellectual property attorneys through a bench trial.

  • February 14, 2024

    OECD Chief Claims No Knowledge Of Aussie PwC Breaches

    The OECD's top official had no knowledge of PwC Australia's breaches of confidentiality when he took equity in its former CEO's consulting firm that he relinquished when the existence of the equity became public knowledge, his spokesperson told Law360.

  • February 14, 2024

    Trump Prosecutor Asks Justices To Pass On Immunity Issue

    Special counsel Jack Smith urged the U.S. Supreme Court on Wednesday to reject former President Donald Trump's request for a stay of his federal election interference case, arguing that there's no merit to Trump's "radical claim" he is immune from prosecution, and that the public deserves a prompt verdict.

  • February 14, 2024

    'Rust' Armorer, Atty Responsible For Text Leak, Judge Rules

    A New Mexico judge declined Wednesday to dismiss the involuntary manslaughter case against "Rust" film weapons expert Hannah Gutierrez-Reed, finding that she and her attorney are to blame for a leak of their private cellphone communications.

  • February 14, 2024

    Chicago Eatery Biz Exec's Bid For Atty Privilege Challenged

    Investors in Chicago restaurant Maple & Ash told an Illinois court that a principal at the eatery's management firm wrongly acted as a lawyer in their corporate theft lawsuit against the firm, saying he inappropriately seeks to assert attorney-client privilege over 6,000 documents in the suit.

  • February 14, 2024

    BCLP Can Fight Atlanta Firm's Fee Garnishing Request

    Bryan Cave Leighton Paisner LLP can now appeal a trial court's ruling ordering the firm to return just over $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator, a Georgia state appellate court ruled Wednesday.

  • February 14, 2024

    TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case

    A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.

  • February 14, 2024

    Atty For Ex-Trump Official Accused Of Leaking Deposition

    The plaintiff in a federal fraud suit against a former Trump administrative State Department official and a Philadelphia attorney wants the defendants' attorney sanctioned and tossed from the case after the attorney allegedly shared depositions marked confidential with a third-party witness.

  • February 14, 2024

    Conn. Justices Suspect Sleepy Juror Will Wake Up Murder Case

    The Connecticut Supreme Court was skeptical Wednesday of the state prosecutor's position that a judge was entirely blameless for apparently allowing a juror in a murder trial to sleep for more than an hour, and then letting the case proceed to a conviction after taking little action on the matter.

  • February 14, 2024

    Bronx DA's Office Says Ex-Worker's FMLA Claim Is Invalid

    The Bronx District Attorney's office asked a New York federal judge to dismiss a former employee's suit accusing it of discrimination under the Family and Medical Leave Act and a racially driven promotion denial, arguing that she was unable to properly establish her claims.

  • February 14, 2024

    Ref Says Suspended Fla. Atty Needs To Take Ethics Class

    An ethics referee on Tuesday recommended not reinstating a suspended Tampa attorney to the Florida Bar because he failed to complete the ethics training required by the 2021 order that suspended him for making unfounded claims of racial bias against judges and opposing counsel.

  • February 14, 2024

    NY Immigrant Settles Green Card Case Alleging Atty Fraud

    A New York resident has reached an agreement with several immigration officials concerning the denial of his green card application on fraud grounds, which he blamed on a consultancy firm and a disbarred attorney, according to a stipulation of dismissal filed in New York federal court.

  • February 14, 2024

    Perkins Coie Keeps Malpractice Win Over Trustee's Standing

    Perkins Coie LLP this week secured a Texas state appellate decision that upheld the dismissal of a malpractice lawsuit brought by a bankruptcy trustee for one of the firm's former clients, with the appellate panel concurring with a trial judge that the trustee lacked standing to pursue the claims.

Expert Analysis

  • 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.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Nev. Insurance Law May Mean Turmoil In Liability Market

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    Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.

  • Lessons From High-Profile Witness Tampering Allegations

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    As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.

  • Covington Ruling Strengthens SEC's Enforcement Powers

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    A Washington, D.C., federal court’s recent order that Covington & Burling provide the U.S. Securities and Exchange Commission with the identities of its clients in response to a subpoena reinforces the agency’s broad authority to investigate cybersecurity violations, and suggests law firms must take steps to strengthen data privacy, say Elisha Kobre and Ryan Dean at Bradley Arant.

  • 'Blind Side' Family Case Is A Cautionary Tale For Attorneys

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    Former NFL player Michael Oher's recent allegations against Sean and Leigh Anne Tuohy that they never legally adopted him and tricked him into conservatorship — which paint a very different picture than the 2009 film "The Blind Side" — demonstrate the importance of attorney due diligence and safeguards against abuse of process, says Roland Weekley at Smith Gambrell.

  • The Basics Of Being A Knowledge Management Attorney

    Excerpt from Practical Guidance
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    Michael Lehet at Ogletree Deakins discusses the role of knowledge management attorneys at law firms, the common tasks they perform and practical tips for lawyers who may be considering becoming one.

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