Legal Ethics

  • February 12, 2024

    Ex-McCarter & English Client Can Pursue $20M Loan Claims

    A Connecticut state court judge has denied a bid by McCarter & English LLP and a former partner for an early win in an insurance company's multimillion-dollar malpractice suit, ruling that the continuing representation doctrine allowed the plaintiff to toll the statute of limitations and continue to press its case.

  • February 12, 2024

    Flint Water Crisis Firms Agree To End Settlement Fee Dispute

    Three law firms that negotiated a $626 million settlement related to the Flint, Michigan, water crisis reached a settlement of their own on Monday after McAlpine PC agreed to end claims that Cohen Milstein Sellers & Toll PC and Pitt McGehee Palmer Bonanni & Rivers PC unfairly cut it out of their original co-counsel agreement.

  • February 12, 2024

    Judge Tells DOJ, VW To Plan For Release Of Jones Day Docs

    A California federal judge has instructed the U.S. Department of Justice and Volkswagen to come up with a plan to release certain confidential Volkswagen documents that were part of a Jones Day investigation into the automaker's 2015 emissions-cheating scandal.

  • February 12, 2024

    NC High Court Snapshot: Philip Morris Fights Tax Credit Limit

    North Carolina's top court will return in February from an extended hiatus to weigh whether a home healthcare company was correctly ejected from the state's Medicaid program, and if regulators were right to limit state export tax credits for tobacco giant Philip Morris.

  • February 12, 2024

    Prosecutors Say Paxton Can't Alter History To 'Dodge' Fraud Case

    Prosecutors have urged a Texas state court to reject a bid from state Attorney General Ken Paxton to dismiss a 2015 securities fraud case against him on speedy trial grounds, saying he is attempting to rewrite history and use delays he helped create to "dodge prosecution."

  • February 12, 2024

    Investigator's Atty Wants Mogul Sanctioned In Hacking Suit

    A North Carolina attorney is pressing a federal court to impose a nearly $120,000 sanction for documents demanded of him by an airline tycoon in his hacking lawsuit, arguing the production request was an "undue burden" with an "exorbitant" financial cost.

  • February 12, 2024

    Discord Stock Traders Say Prosecutors' Evidence Is Faulty

    A group of men accused of operating a multimillion-dollar pump-and-dump scheme on Discord and other social media asked a Texas federal judge to sanction the government, saying that prosecutors had cherry-picked evidence to create exhibits that are misleading at best and inaccurate at worst.

  • February 12, 2024

    Trump Turns To Supreme Court In DC Criminal Case

    Former President Donald Trump asked the U.S. Supreme Court on Monday to stay a D.C. Circuit panel's ruling that he is not immune from federal charges of interfering in the 2020 presidential election, arguing the D.C. Circuit needs more time to properly review his bid to escape prosecution.

  • February 12, 2024

    Cordell & Cordell Seeks Early Win In Suit By Fired Paralegal

    A family law firm has asked a Kansas federal judge to grant it a win in a former paralegal employee's lawsuit claiming she was mistreated and fired after reporting sexual harassment, saying her termination was because of performance issues.

  • February 12, 2024

    Colo. Personal Injury Firm Ditches TM Suit Against Texas Firm

    A prominent Denver personal injury firm has dropped its suit against a Texas rival for allegedly violating a trademark territory agreement, according to an order approved last week by a Colorado state judge.

  • February 12, 2024

    Locke Lord Denies Playing 'Cat And Mouse' In Fighting Suit

    Locke Lord LLP reiterated to a New Jersey state court Monday that the Garden State is the wrong jurisdiction for an oil company's malpractice suit against the firm stemming from a failed oil refinery financing project.

  • February 12, 2024

    Fla. High Court Pulled Into Depo Fight Between State Judges

    A Florida state appellate judge is asking the Sunshine State's high court to review a disciplinary panel's decision requiring him to sit for a deposition in an ethics case against a former campaign rival, saying it would do him "irreparable" harm and set a dangerous precedent for other judges.

  • February 12, 2024

    Ex-Melick & Porter Partner Says Colleague Forced Him Out

    A former Melick & Porter LLP partner claimed in a Massachusetts state court lawsuit that he was pushed out of the firm by another partner who undermined him and stole clients.

  • February 12, 2024

    Fla. Atty Wants $300K COVID Relief Fraud Conviction Axed

    A Florida attorney convicted of conspiring to defraud a U.S. coronavirus pandemic relief program has asked a Georgia federal judge to vacate the jury's guilty verdict and either acquit her or order a new trial, arguing the government violated her due process rights by not submitting sufficient evidence to prove her guilt.

  • February 12, 2024

    Newman Cleared To Fight Law In DC, But Not Suspension

    U.S. Circuit Judge Pauline Newman may challenge the law she has been suspended under, but she cannot get an injunction that would allow her to hear cases on the Federal Circuit again, nor fight how the law has been directly applied to her, a D.C. federal judge said Monday.

  • February 09, 2024

    No More Shady Trading For Ex-FBI Trainee After BigLaw Theft

    The former FBI trainee who secretly traded nonpublic information that he stole from his BigLaw associate ex-girlfriend has agreed to a civil judgment against him permanently barring him from violating securities laws, a judgment entered just months after he pled guilty to insider trading.

  • February 09, 2024

    Trump Co-Defendant Says DA Lied About Romance Timeline

    Former President Donald Trump's co-defendant in the Georgia election interference case who first accused Fulton County District Attorney Fani T. Willis of having a romantic relationship with the special prosecutor she hired to lead the case on Friday accused her of lying about when the now-confirmed romance began.

  • February 09, 2024

    'Emergency' Judge Tapped In Ex-Hawaii DA Bribery Case

    An "emergency" magistrate judge has been appointed in the corruption case against former Hawaii prosecutor Keith Kaneshiro and five others set for trial next month after other magistrates recused themselves, according to court papers.

  • February 09, 2024

    Fed. Circ. Disputes Newman's Filing Alleging Listserv Cut

    In response to Federal Circuit Judge Pauline Newman's filing alleging she has been cut from the circuit's judicial listserv, the other circuit judges on Friday told the court overseeing her lawsuit challenging her suspension that they "dispute both the accuracy and relevance of those legal and factual points" in her brief.

  • February 09, 2024

    NC Committee Open To More Transparent Discipline Process

    A North Carolina legislative committee tasked with taking a closer look at the State Bar's grievance process seemed open on Friday to giving attorneys facing discipline greater access to information while they're under investigation, a process that's currently cloaked in confidence.

  • February 09, 2024

    Buchalter, Parker Milliken Accused In $19M Theft From Trusts

    Attorneys from law firms Buchalter APC and Parker Milliken Clark O'Hara & Samuelian have been accused by members of a Los Angeles-based group of trusts of conspiring to help their client bilk nearly $20 million from the trusts in a Ponzi scheme.

  • February 09, 2024

    Pa. Atty Aims To Escape Litigation Funding Scheme Suit

    A Pennsylvania lawyer has called on a federal court to toss a former client's claims that an attorney from the lawyer's firm improperly used his workplace injury case as collateral to secure litigation funding and then transferred the high-interest-rate loans to his legal fees.

  • February 09, 2024

    'Not Walmart': Ex-McElroy Deutsch CFO Must Face Theft Suit

    A New Jersey state judge on Friday declined to remove McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer from a suit accusing him and his wife of stealing more than $3 million, noting that the heightened ethical duty imposed on law firms justifies keeping the claims alive. 

  • February 09, 2024

    Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes

    A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.

  • February 09, 2024

    SF Atty Faces Misconduct Charges Over $1.33M In Trust Fees

    A San Francisco attorney is facing disciplinary charges for allegedly overcharging a trust account client who struggled with mental health and other personal issues, the State Bar of California's Office of Chief Trial Counsel announced Friday.

Expert Analysis

  • Noncompetes Hold Atty Privilege Pitfalls For Health Industry

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    Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.

  • Opinion

    Litigation Funding Disclosure Should Be Mandatory

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    Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.

  • 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.

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