Legal Ethics

  • February 23, 2024

    Colo. Judge Rejects Trump's Atty Fee Bid In Ballot DQ Suit

    A Colorado state judge has denied former President Donald Trump's bid for over $165,000 in attorney fees in a lawsuit seeking to bar him from the ballot in the upcoming presidential election, with the judge finding one of the dropped claims was not frivolous.

  • February 23, 2024

    DC Appeals Panel Receptive To Ex-DOJ Atty's Subpoena Fight

    A D.C. Court of Appeals panel on Friday appeared open to former U.S. Department of Justice attorney Jeffrey Clark's request that the court reconsider enforcing a subpoena from the D.C. bar's disciplinary counsel pursuing ethics charges against Clark for his alleged role in promoting Donald Trump's false election fraud narrative.

  • February 23, 2024

    New 'Varsity Blues' Judge Should Hear Plea Redo, Parent Says

    A former television executive looking to have her guilty plea wiped out in the "Varsity Blues" college admissions case asked Friday for a different judge, arguing that U.S. District Judge Nathaniel M. Gorton's "incorrect" ruling is the basis for her motion to vacate her conviction.

  • February 23, 2024

    Judge Nixes McCarter & English Client's Relief Bid In Fee Row

    A Connecticut federal judge rejected a bid for Second Circuit relief from a supplement company that lost a billing battle with its former lawyers at McCarter & English LLP, concluding Friday that the Connecticut Supreme Court should offer guidance on whether state law allows punitive damages awards in contract disputes.

  • February 23, 2024

    Judge Reverses Self, Says Hurricane Ad Suit Should Continue

    Reversing her earlier decision, a federal magistrate judge has issued a preliminary ruling in favor of a woman who alleges that troubled Houston law firm McClenny Moseley & Associates PLLC and associated companies bombarded Louisiana hurricane victims with illegal marketing.

  • February 23, 2024

    Ex-Dechert Atty Can Keep Depo Confidential In Hacking Case

    A former Dechert LLP partner can keep her deposition under wraps in an airline mogul's suit seeking to prove an international hacking conspiracy, a special master in North Carolina has ruled in a blow to the tycoon, who accused the attorney of trying to shield misconduct.

  • February 23, 2024

    Ex-Professor Atty Hits NJ University With Retaliatory Firing Suit

    New Jersey City University has been slammed with a lawsuit in state court from an attorney and former professor who claims he was demoted and then fired in retaliation for reporting that a former university official allegedly sexually harassed a student.

  • February 23, 2024

    Trump Flags Thousands Of Calls, Texts In Fani Willis DQ Bid

    As a bid to oust Fulton County District Attorney Fani T. Willis over her relationship with a prosecutor in Donald Trump's election interference case garners support, the former president pointed Friday to thousands of text messages and dozens of visits to back up the defense argument that the relationship began before Willis hired the prosecutor.

  • February 23, 2024

    Mich. Ex-Judge Disbarred For Sending Explicit Texts To Client

    A former Michigan state chief judge was disbarred after he sent sexually explicit text messages to a client, encouraged that client to drink while they were on probation, and practiced while his license was suspended following a drunk driving plea.

  • February 23, 2024

    Conn. Attys Agree To Arbitrate Their Twin Conversion Claims

    Two Connecticut attorneys who sued each other over defamation, secretly accepting home improvement projects as payment for legal services and neglecting business responsibilities at a joint firm they agreed to dissolve in 2021, have dropped their dueling state court claims.

  • February 23, 2024

    Fla. Fraud Convict Says His Prosecutors Weren't Authorized

    A Florida man serving time in federal prison for investment fraud argued in a complaint on Friday that the assistant U.S. attorneys assigned to his case were not authorized to prosecute him.

  • February 23, 2024

    NY Clerk Defends Barring Felons From Juries In Dismissal Bid

    New York County's commissioner of jurors has urged a federal judge to dismiss a Black public defender's racial bias suit challenging the Manhattan court system's exclusion of people with felony convictions from juries, arguing the attorney fails to allege the exclusion was applied with a discriminatory motive or in a discriminatory way.

  • February 23, 2024

    Trump Says He Has Immunity In Classified Docs Case

    Former President Donald Trump filed a slew of motions late Thursday night asking a Florida federal judge to dismiss the criminal charges against him over the alleged mishandling of classified documents at his Mar-a-Lago estate, arguing that he has presidential immunity from prosecution and that the appointment of the special counsel is unlawful.

  • February 22, 2024

    Calif. Judges Get Guidance On When To Report Atty Misconduct

    California judges need not always report attorney misconduct to the state bar, according to the latest opinion issued by the California Supreme Court's ethics watchdog on Thursday, advising when judges are compelled to report attorney misdeeds.

  • February 22, 2024

    Attys Settle Yacht Donor's Malpractice Suit Over $4.6M Tax Bill

    A New York law firm and two attorneys have settled what remained of a malpractice suit brought by a former client who alleged faulty legal advice led to her being slapped with a $4.6 million tax bill, with a joint stipulation of dismissal filed Thursday.

  • February 22, 2024

    Game Maker Deserves Sanctions For Sealed Docs, Court Told

    High 5 Games and its attorneys should be slapped with sanctions for repeatedly trying to seal nearly all company records and filing overly long court briefs in a class action accusing the casino phone game developer of defrauding players, according to a motion filed by the lead plaintiff.

  • February 22, 2024

    Trump Atty Sanctioned For Filing IP Suit On Gut Feelings

    A Florida federal judge has sanctioned an attorney who said he could "just know" if a product infringed his client's patents, rather than conducting a factual investigation — a move that the attorney claimed was backlash for representing former President Donald Trump elsewhere.

  • February 22, 2024

    IP Forecast: Samsung Eyes Ex-Attys' Litigation Funder Chats

    Samsung plans to ask a Texas court to force a patent litigation business to disclose communications with litigation funders ahead of a trial next month over whether the tech giant's former in-house counsel stole trade secrets. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 22, 2024

    OpenSky Tells Vidal VLSI Fees Relied On 'Fabricated' Exhibit

    OpenSky Industries LLC has asked the U.S. Patent and Trademark Office director to reconsider making it pay $413,000 in attorney fees to VLSI Technology, arguing in a newly unsealed filing that she failed to justify the award and allowed records "fabricated" by VLSI. 

  • February 22, 2024

    US Can't Appeal Order To Give Avenatti's Tax Info To Trustee

    A California federal judge declined Wednesday to allow the U.S. to appeal a bankruptcy court's decision ordering Michael Avenatti's tax returns to be released to the trustee overseeing the estate of Eagan Avenatti LLP's bankruptcy, finding the decision to be unappealable, and Avenatti himself hasn't objected to the disclosure.

  • February 22, 2024

    Law Firm Sued For Using Photo Of Disgraced OB-GYN Online

    A professional photographer has accused Dallas-based The Schmidt Firm PLLC of copyright infringement over an image of convicted sexual abuser and former Columbia University obstetrician-gynecologist Robert Hadden, saying in Texas federal court that the firm used the image on its website without permission.

  • February 22, 2024

    3rd Circ. Won't Protect AbbVie's Atty-Client Communications

    The Third Circuit has denied AbbVie Inc.'s bid to block a Pennsylvania federal court's order to turn over attorney communications from a patent case allegedly cooked up just to extend the company's monopoly on a testosterone drug, but the appellate court's explanation remained under seal Thursday.

  • February 22, 2024

    Wolverine Wants Judgment, Sanctions In PFAS Coverage Row

    Footwear company Wolverine asked a Michigan federal court Thursday to grant it a win and impose additional sanctions against its insurer for continued "flagrant disregard and willful disobedience of discovery orders" in a dispute over coverage of PFAS chemical injury suits that may set the tone for similar litigation.

  • February 22, 2024

    DraftKings Says Ex-Exec's $310K Attys Fees Bid Is Excessive

    DraftKings has told a California federal court that the "whopping" $310,000 in attorney fees requested by a former executive after the company shuffled the case back and forth between state and federal court is an unreasonable fee no "reasonable client" would pay.

  • February 22, 2024

    Disbarred Pa. Attorney Faces Forgery, Tampering Charges

    A disbarred Pennsylvania attorney now faces criminal charges for allegedly presenting fake court documents to clients with forged signatures of judges while pretending to litigate dismissed lawsuits.

Expert Analysis

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • 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.

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