Legal Ethics

  • February 16, 2024

    Judge Trims Ex-CFO's Sex Bias Claims Against Anderson Kill

    A New York federal judge on Thursday trimmed sex bias claims from a former chief financial officer's disability discrimination lawsuit against insurance recovery law firm Anderson Kill PC, while denying the firm's request to disqualify the former executive's counsel.

  • February 16, 2024

    Trump Atty Didn't Go 'Rogue' In Pushing Club NDA, Court Told

    A former server suing a Trump Organization golf club over a nondisclosure agreement that she was allegedly illegally induced to sign by one of Donald Trump's lawyers has urged a New Jersey state court to keep her suit alive, arguing that the club's motion to dismiss relies on "absurd" arguments.

  • February 16, 2024

    Littler Hit With DQ Bid For Wielding Mistakenly Produced Doc

    Littler Mendelson PC has gained an "unfair advantage" and should be booted from defending a Florida pharmacy services company for using an inadvertently produced, privileged document in a deposition last week, a woman suing the company for whistleblower retaliation said.

  • February 16, 2024

    Trump Owes $355M For Fraud That 'Shocks The Conscience'

    A New York state judge on Friday found Donald Trump, his adult sons, his companies and longtime executives liable for a decadelong valuation fraud conspiracy, ordering the defendants to disgorge $364 million in ill-gotten gains to the state, plus interest, with the former president on the hook for the lion's share.

  • February 16, 2024

    Fulton DA DQ Hearing Wraps With Fight Over Privilege

    The evidentiary hearing in Georgia over whether Fulton County District Attorney Fani T. Willis should be removed from the case against former President Donald Trump and his allies has concluded for the time being, a judge said Friday after nearly seven hours of testimony.

  • February 16, 2024

    Ex-DOJ Official Wants Witnesses Barred From DC Ethics Case

    Jeffrey Clark, who was an assistant attorney general for the U.S. Justice Department under President Donald Trump, has asked a District of Columbia ethics panel to block fellow former DOJ officials from testifying in a disciplinary proceeding resulting from his alleged role in promoting the former president's bogus stolen election claims.

  • February 15, 2024

    Kirkland Fights Uphill To Get Atty's Info From 2 BigLaw Firms

    A California federal magistrate judge appeared skeptical Thursday of Kirkland & Ellis' bid to subpoena confidential personnel information from a former IP associate's prior employers Paul Hastings LLP and Fish & Richardson PC in Kirkland's defense against her discrimination suit, telling counsel the requests seem overbroad and "at best marginally relevant."

  • February 15, 2024

    Trump Asks Justices To Give Time For DC Immunity Appeal

    Donald Trump made a final plea Thursday asking the U.S. Supreme Court to stay a D.C. Circuit panel's ruling that he is not immune from federal charges of interfering in the 2020 presidential election, slamming special counsel Jack Smith's bid to get on with the former president's trial.

  • February 15, 2024

    Ex-ArentFox Client Tentatively Denied Conflict Case Discovery

    A California state judge tentatively ruled on Thursday that government contractor Peraton Corp. cannot get discovery for ArentFox Schiff's work for a business rival around the time it represented Peraton, saying since the discovery bid relates to an arbitration provision in Peraton's retainer, what happened after it was inked is irrelevant.

  • February 15, 2024

    Atty Must Be Tried Alongside Ex-Hawaii DA, Feds Say

    Prosecutors have urged a federal judge not to sever a lawyer from a criminal case against former Honolulu top prosecutor Keith Kaneshiro and others, saying she was a "primary" facilitator of a prosecution-for-donations conspiracy.

  • February 15, 2024

    Baker McKenzie Can't Send Malpractice Suit To London

    An Illinois state appeals court has rejected a push by Chicago-based Baker McKenzie to transfer to London a legal malpractice suit accusing the international law firm of botching a client's bid to reacquire a coal mine in Russia, saying in a 2-1 decision that Cook County has an interest in deciding the case even if the alleged misconduct stems from attorneys in a Russian member firm.

  • February 15, 2024

    NJ Atty Beats Greater Damages Bid Over Hotel Project Loan

    A New Jersey attorney won't have to face an additional $9.5 million in damages in a suit over a mishandled escrow agreement related to the development of a luxury New Mexico hotel, a federal judge has ruled.

  • February 15, 2024

    Ex-Atty Who Lied To Grand Jury About Frauds Gets 6.5 Years

    A Manhattan federal judge sentenced a disbarred lawyer to six and a half years in prison Thursday for his 14-year, $17 million real estate Ponzi scheme, for laundering insurance scam proceeds and for his "unheard of" step of lying to a grand jury.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

    Cole Scott & Kissane PA should be booted from representing the defendants in a car wreck lawsuit because it failed to disclose that a firm attorney formerly represented the plaintiff in a different crash case that has become an issue in the current one, the plaintiff told a Florida federal court Thursday.

  • February 15, 2024

    4E Agent Floats Plan To Hand Disputed Atty Fees To Creditors

    The Chapter 11 agent for hand sanitizer maker 4E Brands Northamerica LLC has asked a Texas bankruptcy judge to approve a modified reorganization plan that would allow unsecured creditors to recover fees that Jackson Walker LLP may be forced to disgorge over an ethics scandal involving a former partner.

  • February 15, 2024

    LA Attorney Says The Barnes Firm Owes Him About $6M

    In litigation related to the now-defunct personal injury giant Cellino & Barnes, a California attorney is arguing that successor law firms defrauded him during severance negotiations and now owe him about $6 million.

  • 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.

Expert Analysis

  • 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.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • New Health Data Compliance Considerations For Pa. Lawyers

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    Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Indemnification In Exec Separation Deals: Read The Fine Print

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    The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.

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