Legal Ethics

  • October 27, 2021

    Lack Of Evidence Lets Vertiv Escape $100M Trade Secrets Suit

    A federal judge in Chicago has thrown out an energy solutions company's $100 million trade secret lawsuit against partner-turned-rival Vertiv after finding there wasn't enough evidence supporting its misappropriation claims, but kept alive Vertiv's allegations that the energy company had breached the terms of their failed business deal.

  • October 27, 2021

    Texas Panel Told To Revive Hunt Heir's Suit Against Ex-DA

    Counsel for Hunt Petroleum Corp. heir Albert G. Hill III asked a three-justice panel of the First Court of Appeals to revive a malicious prosecution lawsuit because it was wrongly tossed under a state law on free speech.

  • October 27, 2021

    Judge To Recuse Self From Ex-Trump Aide's Suit Against FBI

    A D.C. federal judge indicated Wednesday that she intended to recuse herself from a case that Trump 2016 campaign adviser Carter Page filed last year against the U.S. Department of Justice, the FBI and several former top-ranking bureau officials, citing her longtime friendship with an attorney for one of the defendants.

  • October 27, 2021

    Satanists Want Mayor Favorite Deposed, Election Be Damned

    A Satanic temple suing Boston to give the invocation at City Council meetings wants to question the favorite to become the city's next mayor on Election Day and refuses to reschedule, the city argued Wednesday in an effort to block the deposition.

  • October 27, 2021

    Calif. Bar Yanks Prosecutor Over Undisclosed Girardi Ties

    The State Bar of California has placed one of its prosecutors on administrative leave after a Law360 Pulse investigation found he has been moonlighting in private practice alongside the son-in-law of disgraced trial attorney Thomas V. Girardi for more than a year but did not disclose the side job in violation of agency rules.

  • October 27, 2021

    Most Judges Back Term Limits For High Court, Survey Says

    More than half of judges support term limits for justices on the nation's top court, according to a survey published this month by the National Judicial College.

  • October 27, 2021

    Nixon Peabody Aided Solar Co.'s $1B Ponzi Scam, Suit Says

    Nixon Peabody LLP helped the founder of solar generator company DC Solar operate a "massive" $1 billion Ponzi scheme even in the face of obvious clues the firm should have seen and acted on, according to a lawsuit brought by the now-bankrupt company's trustee.

  • October 27, 2021

    King & Spalding, Ex-Atty Urged To Settle Or Air 'Dirty Laundry'

    An exasperated New York federal judge on Wednesday warned that no one would emerge unscathed if a former King & Spalding associate takes the firm to trial on allegations it fired him for raising ethical concerns.

  • October 26, 2021

    Timeshare Co. Settles Part Of False Ad Suit With 'Exit' Firms

    Timeshare company Bluegreen Vacation said Tuesday that it inked a confidential settlement with certain timeshare exit companies that resolves claims that the companies are falsely advertising their services to help release consumers from their binding timeshare contracts in a "timeshare exit scheme."

  • October 26, 2021

    Pharmacy Owner Must Disclose Atty Advice In $1B Fraud Trial

    A pharmacy owner headed to trial on charges of participating in a massive billing fraud must "immediately" disclose privileged attorney communications to prosecutors, a Tennessee federal judge ordered Tuesday, if he wants to tell a jury that lawyers — who may testify — approved his actions.

  • October 26, 2021

    Skadden Strives To Tame Flames In Endo's Opioid Imbroglio

    Scorched by cover-up claims in nationwide opioid litigation, Endo Pharmaceuticals is hoping for heroics from a Skadden squad that is belatedly revealing vast volumes of drug marketing records, a strategy that could simultaneously snuff out some discovery deficiencies and fuel new doubts about the drugmaker's initial transparency.

  • October 26, 2021

    Hemp Manufacturers Fight Sanctions Bid In Colo. Suit

    A former business partner of a Colorado hemp farm has urged a federal judge to dismiss a sanctions motion against him and two companies he's affiliated with, arguing that the farm's motion over an alleged destruction of documents is "baseless and should be denied."

  • October 26, 2021

    Texas Justices Mull Liability For $400K Check-Fraud Scam

    Cadence Bank told the Texas Supreme Court in oral arguments Tuesday that if it left in place lower court rulings freeing from liability an attorney who fell victim to a $400,000 check-fraud scam, it could create an environment in which banks are reluctant to make funds available in a timely manner.

  • October 26, 2021

    Judicial Ethics Chair Faces Questions Over Recusals

    A recent report detailing failed recusals by 131 federal judges has "highlighted gaps that we can address," U.S. Circuit Judge Jennifer Walker Elrod, the chair of the judiciary's code of conduct committee, told lawmakers Tuesday, stressing the need for more training for judges.

  • October 26, 2021

    COVID App Programmer Accuses Gibson Dunn Of 'Retaliation'

    A coronavirus tracking app developer hinted Monday that it may seek to disqualify Gibson Dunn & Crutcher LLP from representing Apple against antitrust claims that the tech giant blocked competing COVID-19 apps from the App Store, telling a California federal court the firm improperly attacked the app's programmer out of "political retaliation."

  • October 26, 2021

    Lawyer Who Missed Args Says Opposing Atty Misled 7th Circ.

    A Seventh Circuit panel on Tuesday ordered an attorney to show cause for why she shouldn't be disciplined for failing to appear at oral arguments the day before, but she says opposing counsel had agreed to convey details of the parties' settlement on behalf of both parties.

  • October 26, 2021

    Ill. Panel Wants Atty On Ice For 3 Years For Ditching IP Petition

    Illinois' attorney conduct watchdog recommended a three-year suspension Monday for a patent lawyer who abandoned a client's application with the U.S. Patent and Trademark Office and failed to keep her updated on its status despite collecting related fees.

  • October 26, 2021

    Kreindler Consultant Says He Will Plead Fifth In 9/11 Case

    A consultant to Kreindler & Kreindler LLP will attempt to plead the Fifth in an upcoming hearing involving the leak of a deposition from multidistrict litigation over the 9/11 terrorist attacks, arguing he had not waived his privilege against self-incrimination through related declarations.

  • October 26, 2021

    NJ Atty Must Face Claims Case Mishandled Amid Pandemic

    A New Jersey state judge on Tuesday refused to dismiss allegations that an attorney mishandled a medical malpractice action before his then-client claimed the lawyer coerced her to accept an unfavorable settlement at the start of the COVID-19 pandemic.

  • October 26, 2021

    Judge Denies Early Win To Attys Over Syngenta Ad Pact

    A South Dakota judge has ruled that two law firms that represented U.S. farmers in suits against Syngenta over genetically modified corn can't receive summary judgment in a $3.4 million suit brought by their former marketer, finding that a jury should weigh disputed facts surrounding the parties' agreement.

  • October 26, 2021

    Judge Nixes Ga. DA's Atty Over Witness Tampering Questions

    A Georgia district attorney facing trial for witness tampering and bribing prosecutors has had his own lawyer thrown off the case, after a judge ruled the defense attorney will likely need to testify about whether he strong-armed a witness in a separate case at the DA's behest.

  • October 26, 2021

    Donziger Must Go To Jail During Appeal, 2nd Circ. Rules

    The Second Circuit on Tuesday denied disbarred human rights lawyer Steven Donziger's request for bail while he appeals his six-month prison sentence for contempt stemming from a lengthy legal fight with Chevron.

  • October 26, 2021

    Connell Foley Freed From NJ Condo Owners' Suits

    Condominium buyers alleging that the developer of New Jersey's tallest building sold them shoddy units have agreed to drop their claim against Connell Foley LLP, the firm holding their escrow money.

  • October 25, 2021

    Nevro Loses 11th-Hour Bid To Delay Boston Scientific IP Trial

    Nevro Corp. and Boston Scientific Corp. will face off over claims Nevro infringed spinal cord therapy patents before a Delaware federal jury Tuesday, after a judge denied Nevro's eleventh-hour request to delay trial over claims Boston Scientific destroyed key evidence, according to Nevro's counsel.

  • October 25, 2021

    NFL Player Sanctioned For 'Cavalier' Neglect Of Subpoena

    A Michigan federal court hit NFL wide receiver Kenny Golladay with sanctions Monday, chastising the New York Giants player for his "cavalier and reckless attitude" toward discovery in litigation over whether Golladay was poached from his former agency.

Expert Analysis

  • Opinion

    Lawyers Can And Should Commit To Climate Action

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    It is time for lawyers to stop hiding behind moral nonaccountability in the face of climate chaos, as attorneys have the power to fight for environmental justice with the clients they choose to represent, policy research and more, say members of Law Students for Climate Accountability.

  • Series

    Confronting Origination Credit: Why GCs Need To Speak Up

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    In order to promote diversity and inclusion in the legal profession, in-house counsel should leverage their influence by talking to their outside firms about fair origination credit allocation, because many law firm compensation systems are still shrouded in mystery, and underrepresented attorneys often face entrenched inequities, says Michelle Banks at BarkerGilmore.

  • Financial Planning Tips For Retiring Law Firm Partners

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    As the pandemic accelerates retirement plans for many, Michael Delgass at Wealthspire Advisors outlines some financial considerations unique to law firm partners, including the need for adequate liquidity whether they have capital accounts or pension plans.

  • Preparing Remote Deposition Defenses For Corporate Entities

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    As remote depositions will remain common for the foreseeable future, attorneys defending a deposition notice or subpoena to a corporation should implement certain strategies to mitigate unique challenges, such as less planning time and increased difficulty of establishing rapport with witnesses, say attorneys at Sidley.

  • Perspectives

    Why Law Schools Should Require Justice Reform Curriculum

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    Criminal defense attorney Donna Mulvihill Fehrmann argues that law schools have an obligation to address widespread racial and economic disparities in the U.S. legal system by mandating first-year coursework on criminal justice reform that educates on prosecutorial misconduct, wrongful convictions, defense 101 and more.

  • Can Ariz. Nonlawyer Ownership Create A New Type Of Atty?

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    Arizona's new alternative business structure law requires nonlawyer-owned firms to hire compliance attorneys, leaving Arizona lawyers to wonder whether they may work for more than one firm as independent contractors for hire without running afoul of ethics rules, says Andrew Halaby at Greenberg Traurig.

  • Girardi Scandal Provides Important Ethics Lessons

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    The litigation and media maelstrom following allegations that famed plaintiffs attorney Thomas Girardi and his law firm misappropriated clients' funds provides myriad ethics and professional responsibility lessons for practitioners, especially with regard to misconduct reporting and liability insurance, says Elizabeth Tuttle Newman at Frankfurt Kurnit.

  • Series

    Embracing ESG: Jabil GC Talks Compliance Preparation

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    Tried-and-true compliance lessons from recent decades can be applied to companies’ environmental, social and governance efforts, especially with regard to employee training and consistent application of policies — two factors that can create a foundation for ESG criteria to flourish, says Robert Katz at Jabil.

  • 3 Ways CLOs Can Drive ESG Efforts

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    Chief legal officers are specially trained to see the legal industry's flaws, and they can leverage that perspective to push their companies toward effective environmental, social and governance engagement, says Mark Chandler at Stanford Law School.

  • How Law Firms Can Rethink Offices In A Post-Pandemic World

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    Based on their own firm's experiences, Kami Quinn and Adam Farra at Gilbert discuss strategies and unique legal industry considerations for law firms planning hybrid models of remote and in-office work in a post-COVID marketplace.

  • How Ga. High Court Ruling May Shape Damage Liability

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    The Georgia Supreme Court’s recent holding in Alston & Bird v. Hatcher Management that damages cannot be apportioned to nonparties in single-defendant cases means parties facing tort claims will need to explore various avenues to counter this precarious result, say Christian Bromley and Kevin Arocha at BCLP.

  • Series

    Embracing ESG: Baker Hughes CLO Talks Sustainability Team

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    For businesses focused on addressing environmental, social and governance considerations, a legal team that can coordinate sustainability efforts across the company can help to manage risk and compliance issues, anticipate and prepare for change, and identify new opportunities, says Regina Jones at Baker Hughes.

  • What Mainstreaming Of Litigation Finance Means For Industry

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    The rush of new capital and investors into the litigation funding space is expected to bring heightened competition on price and other key deal terms, but litigants will need to be more in tune with individual financiers' proclivities, says William Weisman at Therium Capital Management.

  • What 9th Circ. Privilege Test Means For Dual-Purpose Advice

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    While the Ninth Circuit's recent ruling in In re: Grand Jury confirms that courts should use the primary-purpose test to determine whether communications with both legal and business purposes are shielded by the attorney-client privilege, questions on the application of the test remain, says Scott Tenley at Michelman & Robinson.

  • Lifting The Veil On The Supreme Court's Shadow Docket

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    Following headline-making U.S. Supreme Court emergency orders on Texas’ new abortion law, COVID-19 restrictions and more, Vetan Kapoor, counsel to Senate Judiciary Committee ranking member Chuck Grassley, R-Iowa, examines the court's so-called shadow docket and its decision-making procedures, including questions around transparency, timing and precedential effect.

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