Legal Ethics

  • February 28, 2024

    Michigan Atty, Trump Ally, In Default For Avoiding Pay Suit

    A default judgment was entered against a Michigan attorney known for pushing former President Donald Trump's unfounded voter fraud claims after a cybersecurity company said she didn't respond to 40 attempts to serve her with a lawsuit claiming that she didn't pay for voting machine inspections. 

  • February 28, 2024

    Classified Docs Out Of Defense's Reach In Mar-A-Lago Case

    The Florida federal judge overseeing former President Donald Trump's criminal case over allegedly mishandling secret documents after leaving office ruled Wednesday that defense counsel can't see government motions asking to restrict classified information produced in discovery, a day after Trump's two co-defendants were prohibited from reviewing 5,100 pages of classified material.

  • February 28, 2024

    Erika Girardi Can't Shed Costume Merchant's Suit

    A California federal judge has kept alive a costume merchant's malicious prosecution claim against singer and reality TV star Erika Girardi, saying the merchant showed evidence that Girardi had him wrongfully arrested and prosecuted on made-up fraud charges.

  • February 28, 2024

    Mass. High Court Nominee Who Dated Gov. Confirmed 6-1

    A Massachusetts Appeals Court justice and former WilmerHale partner whose past relationship with Gov. Maura Healey raised concerns about potential conflicts of interest was confirmed 6-1 to a seat on the state's highest court on Wednesday, with several members of the Governor's Council dismissing those concerns.

  • February 28, 2024

    Novant In-House Attys Want Access To Confidential FTC Info

    Novant Health has asked to tweak a protective order in the Federal Trade Commission's merger challenge regarding its $320 million plan to buy two hospitals in North Carolina, saying the current order designates nearly the entire investigative file confidential and is "unworkable."

  • February 27, 2024

    Bankman-Fried Urges No More Than 6.5 Years For FTX Fraud

    FTX founder Sam Bankman-Fried asked a Manhattan federal judge late Tuesday for a sentence that releases him "promptly" after his conviction for stealing billions from customers of the now-collapsed crypto exchange, arguing that federal sentencing guidelines recommend no more than six-and-a-half years in prison.

  • February 27, 2024

    Calif. Panel Nixes $47M Verdict Against Atty Over Casino Deal

    A California state appeals court has scrapped a $47 million jury verdict against a lawyer accused of breaching her fiduciary duty to a former client who unsuccessfully sought to buy a stake in a Silicon Valley cardroom, finding there's no direct evidence showing the attorney caused the transaction to fall through.

  • February 27, 2024

    Ex-Girardi Keese Atty Settles With Actress Over Missing Cash

    An actress alleging that Erika Girardi's entertainment company helped her husband's now-defunct law firm, Girardi Keese, hide his clients' stolen money, including $744,000 stolen from her, finalized a $6,000 settlement with one of the firm's attorneys on Tuesday when a California judge signed off on the deal.

  • February 27, 2024

    'I Don't Know' When Ga. DA Romance Began, Witness Says

    The former law partner of Fulton County special prosecutor Nathan Wade, who oversees the election interference case against former President Donald Trump and his Georgia co-defendants, testified Tuesday that he didn't know when Wade's romantic relationship with District Attorney Fani T. Willis began.

  • February 27, 2024

    Wash. Judges Likely To Let Public Defender Keep Workplace Win

    A King County public defender who won a $7 million workplace harassment judgment against her bosses after she was stalked by a client found a receptive appeals panel Tuesday, as the Washington state judges pressed the county to explain how they could unwind a jury's factual findings.

  • February 27, 2024

    Atty Isn't Liable As Husband's Firm Partner, NJ Panel Says

    A New Jersey appellate panel on Tuesday said retired attorney Gail Beran isn't liable for malpractice in connection with her husband's failure to file a bankruptcy on time, because his then-clients didn't rely on the idea that she was a partner when they decided to hire the firm.

  • February 27, 2024

    Attys Get Personal In Mich. Foreclosure Default Fight

    Counsel traded jabs Monday over Michigan counties' tax foreclosure practices, with a lawyer for county treasurers claiming the other side took advantage of a family medical situation to launch a default judgment bid and a plaintiffs' attorney saying the case had ruined his friendship with the other lawyer.

  • February 27, 2024

    Jackson Walker, Kirkland Again Sued Over Judge's Romance

    Jackson Walker and Kirkland & Ellis LLP have been hit with another lawsuit alleging they were aware of a former Texas bankruptcy judge's relationship with a onetime partner of the former firm and failed to disclose it during proceedings worth millions of dollars.

  • February 27, 2024

    Katten Can't Drop Madoff Ch. 7 Clawback Client, Court Rules

    Katten Muchin Rosenman LLP must keep representing French investment fund Access International Advisors in a $2 billion lawsuit filed by the Chapter 7 trustee for Bernard L. Madoff Investment Securities, a New York bankruptcy judge has ruled, explaining that the potential fallout from dropping AIA ahead of discovery in the case overshadows Katten's concerns that it won't be paid.

  • February 27, 2024

    Calif. Law Firm Can't Shake Arbitration Award In Fees Dispute

    A California state appeals court has affirmed an arbitration award totaling more than $1 million in quantum meruit damages, outstanding contract awards, arbitration fees, expenses and interest for Golden State civil rights firm The Bloom Firm, two years after its partnership with a rival firm unraveled.

  • February 27, 2024

    7th Circ. Chief Defends Discrimination Rules In GOP Letter Reply

    The Seventh Circuit's chief judge has told two Republican senators that the circuit is "committed to ensuring an environment free of discrimination," after the senators wrote to her arguing that at least three Illinois federal judges issued unethical and illegal standing orders to promote participation by newer, female and minority attorneys.

  • February 27, 2024

    Ousted Fla. Atty Eyeing Potential Run After 11th Circ. Ruling

    Suspended state prosecutor Andrew Warren said Monday he may revisit his decision not to seek reelection in light of the Eleventh Circuit ruling reviving his lawsuit against Florida Gov. Ron DeSantis, asking the appeals court to speed up the appeal.

  • February 27, 2024

    NJ Panel Rebuffs Patent Atty In Breakup Feud With Ex-Firm

    The efforts of a Garden State intellectual property lawyer to get additional compensation when he cashed out of a law firm partnership in 2019 were rebuffed Tuesday by a New Jersey appellate panel, which tossed his appeal but sent the question of $830,000 in attorney fees back to the trial court for reconsideration.

  • February 27, 2024

    Sheriff, Clerk Tacked On To NC Court Software Class Action

    The Mecklenburg County sheriff and clerk of courts have joined a growing list of defendants in a proposed civil rights class action alleging that North Carolina's new digital court system has led to unlawful arrests and detentions in the Tar Heel State.

  • February 27, 2024

    Atty's Suit Says Thompson Hine Allowed 'Toxic Boys Club'

    Thompson Hine LLP has become the latest law firm to face discrimination allegations, as a former income partner filed a pro se lawsuit Monday against the firm in New York federal court alleging she was sexually harassed by a senior partner in the New York office and then retaliated against for reporting the misconduct.

  • February 27, 2024

    Connecticut Atty's Fishy Email Prompts Trust Account Audit

    A Connecticut Superior Court judge has ordered an attorney to cooperate with an official audit of his Webster Bank lawyer trust account after he responded to an overdraft notice and a commensurate disciplinary inquiry with an email saying the issue wasn't a priority because he was on a fishing trip.

  • February 27, 2024

    Ex-DOJ Atty Won't Have To Show Docs Tied To Election Letter

    The D.C. bar disciplinary counsel pursuing ethics charges against former U.S. Department of Justice attorney Jeffrey Clark cannot force him to turn over documents regarding a draft letter that purported to identify "significant concerns" with the 2020 presidential election, a D.C. appeals court ruled.

  • February 27, 2024

    Wolverine Can't Get Sanctions Win In PFAS Coverage Fight

    An insurer repeatedly withheld relevant documents from shoewear company Wolverine in a coverage dispute over PFAS chemical injury suits, but the behavior was not egregious and did not cause enough damage to Wolverine's case to merit sanctions, a Michigan special master said Monday.

  • February 27, 2024

    Cleary And Vladeck Raskin Must Face Cuomo's Subpoena Bid

    Former New York Gov. Andrew Cuomo can continue his effort to force Cleary Gottlieb Steen & Hamilton LLP and Vladeck Raskin & Clark PC to turn over information about the women whose sexual misconduct accusations forced him to resign, a New York federal judge has said.

  • February 27, 2024

    Law Firm Must Pay Rust-Oleum After Expert Divulged Formula

    A New Jersey federal judge has ordered de Luca Levine to pay attorney fees to Rust-Oleum Corp. amid ongoing litigation over property damage that allegedly occurred when a company wood stain caused a house fire, saying the firm failed to obey a discovery confidentiality order.

Expert Analysis

  • What The Law Firm Of The Future Will Look Like

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    As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • The Ethics Of Accepting Advanced Legal Fees In Crypto

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    State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Gifts That May Run Afoul Of Government Ethics Rules

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    As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.

  • 3 Defense Takeaways From The Bankman-Fried Trial

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    FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

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