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Legal Ethics

  • July 17, 2018

    Dinsmore Atty Presses Ohio Justices For OK To Practice

    A Dinsmore & Shohl LLP associate from Kentucky turned to the Ohio Supreme Court on Tuesday to unravel a bar finding that she improperly practiced law in the Buckeye State and couldn’t be admitted there, in a case that experts say highlights the troubles mobile attorneys and BigLaw firms face with often perplexing state admission rules.

  • July 17, 2018

    Mass. Panel Says Firm Owes Ex-Associate Referral Fees

    A Massachusetts lawyer known for his workers’ compensation practice gave his own employee a sweeter contract than he intended, state appellate judges ruled Tuesday, affirming that his law office owes a former associate $55,000 from settlements reached a year after the associate quit.

  • July 17, 2018

    Ex-Katten Atty Says Prison Unnecessary For Shkreli Fraud

    A former Katten Muchin Rosenman LLP attorney is seeking to evade prison time after a federal jury in Brooklyn convicted him on conspiracy charges last year, pushing more than 180 letters on the court Monday as a testament of his character and arguing that the losses suffered and his role in the conspiracy were minor.

  • July 17, 2018

    Pa. Ex-Atty Asks 3rd Circ. To Reinstate Him As Trust Controller

    A disbarred Pennsylvania attorney is still fighting in the Third Circuit to contest a district court’s disposal of a trust he used to divert employee life insurance plan assets for personal use, arguing the court could not bar him from controlling the trust or its assets.

  • July 17, 2018

    Law Firm, Investors Ink $18.5M Deal Over Ponzi Scheme

    A proposed class of investors has reached an $18.5 million settlement with one of the law firms they accused of offering legal advice to a Ponzi scheme, saying the sum is likely greater or equal to the amount the class could get at trial.

  • July 17, 2018

    Video Doorbell Co. Claims Orrick Switched Sides In IP Row

    Video doorbell company SkyBell Technologies Inc. has asked a California federal court to disqualify Orrick Herrington & Sutcliffe LLP from representing its rival Ring Inc., which it sued for patent infringement, claiming SkyBell previously had discussions with the firm about the case.

  • July 17, 2018

    Quinn Emanuel Moves To Arbitrate Dispute With Ex-Partners

    Quinn Emanuel Urquhart & Sullivan LLP filed a motion in New York state court on Monday, advancing an effort to enforce a clause in its partnership agreement to compel a group of former partners who defected earlier this year to turn over some of the legal fees earned at their new venture.

  • July 17, 2018

    Allergan Awarded $27K In Sanctions In Compounding Suit

    Allergan USA Inc. has been awarded nearly $27,300 in sanctions, according to an order in California federal court on Monday, after accusing drug compounders in its suit over copycat drugs of improperly delaying and withholding discovery.

  • July 17, 2018

    LabMD Seeks DC Circ. Rehearing In Suit Against FTC Attys

    LabMD has asked the D.C. Circuit to reconsider its decision that two Federal Trade Commission attorneys were immune from the cancer-detection company's lawsuit alleging they unfairly targeted it for enforcement action, arguing the court had misunderstood the technology at the heart of the case and set a dangerous precedent for the prosecution of cyber crimes.

  • July 17, 2018

    Montgomery McCracken Wants Malpractice Row In Fed. Court

    Montgomery McCracken Walker & Rhoads LLP on Tuesday said a $620 million malpractice suit it recently removed from Pennsylvania state court should remain in a federal judge's hands thanks to its genesis in a bankruptcy proceeding that a group of Luzerne County residents say shortchanged their toxic tort claims against Tronox Inc.

  • July 17, 2018

    DOL Formally Rolls Back 'Persuader' Rule

    The U.S. Department of Labor on Tuesday formally pulled back the so-called persuader rule, an Obama-era regulation that would have made businesses and the consultants they hire for advice on fighting union drives disclose these efforts.

  • July 16, 2018

    ACLU Seeks Pause On Speech Limits For Court Support Staff

    The American Civil Liberties Union urged a D.C. federal judge on Monday to temporarily block a recent federal court system policy change prohibiting non-courthouse administrative staffers from most political participation, including campaign contributions and public comment on politicians and parties, arguing the rules are an unnecessary free speech violation.

  • July 16, 2018

    Firm Off The Hook In Pa. Couple’s Malpractice Suit

    A man who agreed not to pursue further claims against his employer and affiliated parties in settling a personal injury case is not precluded from suing his doctor for malpractice after allegedly botched surgery months later, a Pennsylvania appeals court ruled Monday in dismissing the man's malpractice suit against his lawyer alleging bad advice.

  • July 16, 2018

    Ex-King & Spalding Atty's Counsel Seeks Exit Over Unpaid Bill

    An ex-King & Spalding LLP associate who says he was fired for reporting ethical red flags about partners in a case involving ZTE Corp. is refusing to pay his legal bills, his lawyer told a New York federal court on Friday.

  • July 16, 2018

    Executive Order Boosts Fears Of Politically Influenced ALJs

    An executive order signed last week by President Donald Trump eliminating the competitive examination and selection procedures for appointing administrative law judges has heightened concerns that both the ALJ hiring process and decisions made by the judges will be unduly influenced by politics, legal experts said Monday.

  • July 16, 2018

    US Asks To Appeal Ruling It Misspent $200M In PACER Fees

    The federal government has urged a District of Columbia federal court to greenlight an appeal of a decision finding that the government misused $200 million in fees for users of its Public Access to Electronic Court Records system, saying the damages calculations would likely be so time-consuming that it would be more efficient to appeal the users' win now.

  • July 16, 2018

    Missouri AG Seeks Sanctions On Backpage For Lawsuit

    The Missouri Attorney General asked a Missouri federal court Monday to levy sanctions on sex ad website Backpage.com, saying the company’s guilty pleas for human trafficking show that its suit claiming it was the innocent victim of a “witch hunt” was filed under false premises.

  • July 16, 2018

    5th Circ. OK's Lender's $8.6M Win In Fight With Hunt Heir

    The Fifth Circuit on Friday sided with PBL Multi-Strategy Fund LP in a dispute with Hunt Petroleum heir Albert Hill III, upholding a district court's ruling saying the investment company was entitled to an $8.6 million judgment to pay back a credit note advanced to fund litigation between Hill and others in a family dispute over trusts.

  • July 16, 2018

    Biz Groups Ask 5th Circ. To Leave DOL OT Injunction Intact

    Several U.S. business groups have urged the Fifth Circuit to steer clear of a Texas federal judge’s barring of a proposed overtime rule while it considers whether to overturn a contempt charge given to a New Jersey Chipotle employee who filed a lawsuit seeking to enforce that rule.

  • July 16, 2018

    Pa. Judicial Atty's Gender Pay Discrimination Suit Tossed

    A Pennsylvania federal judge has tossed a suit by an attorney employed by a county court who alleges she was paid less than male colleagues because of her age and gender, saying the lawyer had so far not provided enough evidence to back up her claims.

Expert Analysis

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.