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Legal Ethics

  • May 25, 2018

    Calif. AG's High Court Commercial Broke The Law, Suit Says

    California Attorney General Xavier Becerra illegally filmed a campaign commercial in the Stanley Mosk State Library and Courts Building, according to a suit Thursday by fellow Golden State politician and Democrat Dave Jones, the insurance commissioner who’s challenging Becerra for the job as the state’s top cop.

  • May 25, 2018

    Atty Can't Relitigate Criminal Trial In SEC Stock Scam Suit

    A Massachusetts federal judge said Friday that he granted the U.S. Securities and Exchange Commission summary judgment against an attorney convicted in a $3 million pump-and-dump scheme involving publicly traded shares of a now-shuttered sports ticket broker, rejecting the attorney’s claim that the criminal trial was unfair.

  • May 25, 2018

    NY Atty Convicted Of Obstructing Grand Jury To Aid Client

    A New York federal jury on Friday convicted an attorney on charges of altering records in an effort to impede the grand jury investigation into his former client, a longtime associate of a New York crime family who secretly controlled the activities of a construction firm awarded a One World Trade Center building contract.

  • May 25, 2018

    Magistrate Won't Stay Discovery In TIKD's Antitrust Suit

    A Florida magistrate judge said Friday he could not halt discovery in the $11.4 million antitrust suit filed by traffic ticket services startup TIKD against the Florida Bar and a traffic ticket law firm, as he feared doing so would step on the toes of the presiding judge.

  • May 25, 2018

    Paint Recycler Rebuts Sanctions Bid In Antitrust Row

     A defunct San Francisco-area paint recycler pushed back at attempts to sanction the company for its antitrust suit against a nonprofit paint industry outfit that does similar work, telling a California federal judge that it has plenty of evidence to back its claims.

  • May 25, 2018

    Atty Gets 8 Years For Aiding Payday Lending Scheme

    A Pennsylvania federal judge sentenced an attorney to eight years in prison Friday for his role aiding a massive scheme to collect on hundreds of millions of dollars' worth of illegal payday loans channeled through Native American tribes.

  • May 25, 2018

    McGraw-Hill Wants Firm Repping Photographer DQ'd Again

    Textbook publisher McGraw-Hill Global Education Holdings has asked a New York federal court to disqualify attorneys representing a photographer in a copyright suit, saying the firm was already kicked off a similar suit in Pennsylvania for consulting with a former McGraw-Hill employee who had access to privileged information.

  • May 25, 2018

    Mass. Judge In Sex Scandal Resigns Day After Suspension

    A Massachusetts state judge on Friday stepped down a day after the state’s top appellate court suspended him indefinitely for carrying on a secret affair with a court clinician, but he also criticized the woman, with his lawyer saying her “frivolous” harassment suit tainted his client's removal process.

  • May 25, 2018

    Ex-BigLaw Atty Convicted Of Wife's Murder Faces Civil Suit

    The former Fisher Phillips employment partner sentenced to life in prison earlier this week for the shooting death of his wife has been hit with a civil lawsuit in Georgia state court by the administrator of his wife’s estate.

  • May 25, 2018

    Jewish Law Scholar Can Testify In Cozen Fraud Row

    A Pennsylvania judge said Thursday she will allow a jury to hear from a scholar of Jewish law about the "cultural norms and business practices" at play in a Philadelphia real estate deal at the center of an investor’s accusations that he was duped by broker Cushman & Wakefield and lawyers at Cozen O'Connor and Blank Rome LLP.

  • May 25, 2018

    Ex-Pa. AG's Perjury Conviction Upheld By Appeals Court

    A Pennsylvania appeals court on Friday rejected a bid by the state's disgraced ex-attorney general to throw out her perjury conviction on grounds that the special prosecutor who investigated her had been vested with impermissibly broad powers.

  • May 24, 2018

    Durie Tangri Beats TWiT's DQ Bid In Twitter Trademark Row

    A California federal judge on Thursday rejected a bid by video streaming service TWiT to disqualify Durie Tangri LLP from defending Twitter in a trademark suit, saying although TWiT once hired the firm, it hadn’t shown the current litigation is “substantially related” to that prior representation.

  • May 24, 2018

    Bryan Cave Partner Exits LabMD's Cover-Up Suit, For Now

    A New York federal judge Thursday dismissed without prejudice a cover-up suit that a cancer screening lab brought against Bryan Cave Leighton Paisner LLP and a partner just a few weeks ago, finding that LabMD Inc. failed to adequately plead subject matter jurisdiction.

  • May 24, 2018

    3rd For-Profit Law School Sues ABA Over Enforcement Action

    Arizona Summit Law School filed suit Thursday against the American Bar Association, which has kept the school on probation since March 2017 and last month determined it was still failing to meet ABA standards, saying the association’s action against Arizona Summit is "arbitrary and capricious."

  • May 24, 2018

    Stormy Daniels Asks Judge To Let Trump Suit Move Forward

    Adult film star Stormy Daniels told a California federal judge Thursday he should reconsider a delay in her lawsuit to void a hush agreement she signed over a sexual encounter she claims she had with President Donald Trump, citing new evidence revealed by Rudy Giuliani and the president himself.

  • May 24, 2018

    Del. Judge Won't Rethink Nixing Judicial Political Balance Law

    A Delaware federal judge refused to reconsider a ruling that handed a win to an attorney who challenged a Delaware statute that requires its judicial bench to have a balance of political parties, finding that the state’s Gov. John Carney was trying to make arguments he never made in previous briefings.

  • May 24, 2018

    Ex-Judge Accuses Texas Gov. Of Malicious Prosecution

    A former Texas state court judge who was exonerated of bribery and money laundering convictions on Wednesday sued former state Attorney General — now Governor — Greg Abbott and local prosecutors, accusing them of bringing politically motivated charges in retaliation for her election win.

  • May 24, 2018

    Brooklyn DA’s Wiretap Victim Gets Green Light For Discovery

    A former Brooklyn assistant district attorney who was illegally wiretapped by a colleague won permission from a Brooklyn federal judge on Thursday to move forward with discovery in her privacy suit against New York City and her former employer, while her lawyer said they may opt to turn the suit into a class action.

  • May 24, 2018

    Law360's The Week In Discipline

    A New Jersey lawyer who used his father-in-law's Social Security number to get credit cards and a New York-licensed attorney who left the legal work to unsupervised "partners" lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • May 24, 2018

    Procaps Hits Carlton Fields With $15M Malpractice Suit

    Procaps SA has brought a $15 million malpractice suit against Carlton Fields in Florida state court, accusing the firm of encouraging it to bring a disastrous antitrust suit against its former partner and not disclosing that the Colombian drugmaker could be left on the hook for attorneys’ fees if it lost.

Expert Analysis

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.

  • Officials Must Note Financial Conflict Of Interest Law

    Adam Raviv

    The director of the U.S. Centers for Disease Control was forced to resign earlier this year after her investment manager purchased stock in tobacco and pharmaceutical companies on her behalf, creating a conflict of interest with her official role. The incident highlights how important it is for public officials to understand the conflict of interest statute and structure their investment arrangements accordingly, say attorneys with WilmerHale.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Opinion

    Litigation Funding Bill Lacks Policy Rationale

    Matthew Harrison

    Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.

  • Calif. Attorney-Officials Must Heed AG's Ethics Warning

    Gary Schons

    The California attorney general recently issued an opinion on the conflicts posed when an attorney who serves as a city councilmember has a client with interests adverse to the city. The opinion illustrates that ethical conflicts can arise when a lawyer has a fiduciary relationship, but not an attorney-client relationship, with a person or legal entity, says Gary Schons of Best Best & Krieger LLP.

  • 5 Tips For Defending An Accounting Malpractice Claim

    Nathan Novak

    Having a client who owes the IRS more money than expected because they relied on faulty advice is every tax adviser's worst fear, but nobody's perfect. Tax advisers should consider five factors before conceding liability and reaching for their checkbooks, says Nathan Novak at Orrick Herrington & Sutcliffe LLP.