Legal Ethics

  • November 17, 2017

    Insurer Needn't Defend Law Firm In Ambulance-Chasing Suits

    A unit of The Hartford doesn’t have to defend a law firm facing two proposed class actions over ambulance-chasing allegations tied to state crash records, after a North Carolina federal court ruled Friday that two exclusions “entirely foreclose” coverage.

  • November 17, 2017

    ND Tribe Member Urges Rethink Of Co.'s Win In Royalty Row

    A Three Affiliated Tribes member and his attorney urged a North Dakota federal judge Thursday to reconsider his decision to cut off their tribal court litigation against Enerplus Resources Corp. in a $3 million royalty overpayment dispute, saying the judge failed to take into account the oil and gas company’s alleged violations of tribal law.

  • November 17, 2017

    Gun Atty's Counsel Hired Him For Pistol Permit, Judge Told

    Barry I. Slotnick, the lawyer tasked with defending New York City gun-license attorney John Chambers against charges of paying bribes to police for firearms permits, hired Chambers for help with his own pistol permit, a Friday letter says.

  • November 17, 2017

    DA's Deal With Law Firms Is Illegal, Skeptical 9th Circ. Told

    A bank argued Friday that Baron & Budd PC, Carter Wolden Curtis LLP and Golomb & Honik PC couldn’t legally prosecute, on behalf of a district attorney, allegations it tricked customers into buying credit card protection plans, prompting a Ninth Circuit panel to note that private individuals prosecute public matters all the time.

  • November 17, 2017

    Ohio Justice's 'Crass' Boasts Of Sexual Trysts Slammed

    An Ohio Supreme Court justice who is running for governor added fuel to the fiery national debate about sexual harassment when he boasted Friday that he has had sex with about 50 "very attractive females," remarks that a top state official called crass, ill-timed and “dismissive at best.”

  • November 17, 2017

    Disbarred Atty, 2 Others Get Prison For Auto Loan Scheme

    A disbarred attorney and two others were sentenced to between six and 18 months in prison for their role in orchestrating a seven-month money laundering and automobile loan scheme that bilked banks out of loans worth about $696,000, the U.S. Department of Justice said Thursday.

  • November 17, 2017

    Trader Wants SEC Attys DQ’d Over Alleged Privilege Breach

    A trading firm that the U.S. Securities and Exchange Commission sued for allegedly giving foreign fraudsters access to U.S. markets asked a federal court in Manhattan on Thursday to throw the SEC’s trial team off the case, saying it seems to have had access to privileged attorney-client emails for two whole years.

  • November 17, 2017

    Shiboleth Calls Latest Malpractice Suit Tardy

    The third time is not the charm for a malpractice and fraud suit brought against Shiboleth LLP by ex-client Luv n’ Care Ltd., the firm told a New York federal court Thursday, saying the latest claims were filed years too late.

  • November 17, 2017

    NJ Atty Malpractice Suit Revived To Weigh Timeliness

    A New Jersey state appeals court on Friday upended a ruling that dismissed a legal malpractice action as being filed too late, finding that the record is unclear as to when a construction worker allegedly knew he had been harmed by his former lawyer in litigation over a job-related injury.

  • November 17, 2017

    Ex-Weinstein Attys Muddy BigLaw's Rep For Keeping Secrets

    Defying the tight-lipped tradition of lawyers who have represented reviled clients, two of Harvey Weinstein’s former attorneys have issued public explanations of their work and spoken extensively to the press about their “mistakes,” a phenomenon some experts say undermines public confidence that lawyers, regardless of their own reputations, will keep client matters close.

  • November 17, 2017

    Feds Claim Ignorance Over Mobster's Money-Laundering Atty

    Prosecutors shot back Thursday at convicted Lucchese crime family mobster Salvatore Pelullo's assertion they were aware his attorney had a conflict of interest due to the lawyer’s own criminal investigation, telling a New Jersey federal judge they have emails that prove otherwise.

  • November 17, 2017

    9th Circ. Affirms Tax Atty's $27K Penalty For Bogus Claims

    The Ninth Circuit on Thursday affirmed the U.S. Tax Court's imposition of over $27,000 in sanctions against an Arizona tax attorney for repeatedly advising clients to make frivolous arguments.

  • November 17, 2017

    'Long Siege' For Ex-Dewey Controller Ends With No Jail

    The former controller at Dewey & LeBoeuf LLP saw the end to what his attorney called a “long and arduous siege” on Friday when he was sentenced to 100 hours of community service after cooperating in the prosecution of his ex-colleagues for more than three years.

  • November 16, 2017

    Judicial Watch Founder Fights Sanctions For Suits Vs. Org

    Former Judicial Watch general counsel Larry Klayman protested recommended sanctions in an oral hearing before a D.C. Court of Appeals ethics board Thursday, arguing his past work for the nonprofit did not create conflicts of interest in three lawsuits in which Klayman helped sue the organization he once founded.

  • November 16, 2017

    Howrey, Firms Say DC Court Should Decide Clawback Query

    Several law firms, including Seyfarth Shaw LLP and Jones Day, and the trustee for Howrey LLP agreed Thursday that the Ninth Circuit should ask the D.C. Court of Appeals whether the bankrupt law firm could seek fees its ex-clients paid its former attorneys after they’d left the practice, but disagreed on the question’s framework.

  • November 16, 2017

    Fake Atty Who Defrauded Inmates' Families Gets Prison

    A convicted felon who copped to running a fake law firm while pretending to be a licensed attorney and defrauding inmates and their families was sentenced Thursday to one-and-a-half to three years in state prison and has been ordered to pay almost $270,000 in restitution and penalties, according to a statement from New York Attorney General Eric Schneiderman’s office.

  • November 16, 2017

    Shkreli Auditor Says Investor Settlements Seemed Legit

    An auditor who did work for Martin Shkreli-founded Retrophin Inc. on Thursday told jurors in the trial of the controversial pharmaceutical executive’s former Katten Muchin attorney that he didn’t believe there was anything wrong with a series of settlements with investors in Shkreli's MSMB hedge funds that prosecutors say were fraudulent.

  • November 16, 2017

    Law Firm Settles Fight Over Atty’s Share Of Sirius Settlement

    A Houston law firm on Tuesday dropped a lawsuit it filed last week against a former attorney with the firm in a dispute over the associate's slice of $12.25 million in attorneys' fees stemming from a settlement in a class action against Sirius XM Radio.

  • November 16, 2017

    Startup Tells 9th Circ. $1B IP Holder Not A 'Sham' Co.

    Startup Indiezone Inc. told the Ninth Circuit on Thursday that a lower court erred in sanctioning it and its lawyer for bringing a “sham” company into its case alleging former employees conspired to steal its $1 billion e-commerce processing software, saying new evidence showed the co-plaintiff was legitimate.

  • November 16, 2017

    Senate Panel Mulls Approving Judges Who Used Marijuana

    Members of the Senate Judiciary Committee on Thursday discussed changing an informal policy on federal judicial nominees who used marijuana, potentially approving of candidates who had one or two “incidental” uses after passing the bar.

Expert Analysis

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Manafort Attorney's Testimony And The Limits Of Privilege

    Justin C. Danilewitz

    A D.C. federal judge's recent opinion requiring former counsel to Paul Manafort and Rick Gates to testify before a federal grand jury offers four lessons for defense counsel and their clients, says Justin C. Danilewitz of Saul Ewing Arnstein & Lehr LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Prepare For Big Changes To FARA Enforcement

    Brian Fleming

    All signs point to the U.S. Department of Justice enforcing the Foreign Agents Registration Act more aggressively. In addition, multiple pending legislative proposals would strengthen FARA and expand the DOJ’s enforcement powers, says Brian Fleming, a member of Miller & Chevalier Chtd. and former counsel to the assistant attorney general for national security at the DOJ.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • How Calif.’s Anti-SLAPP Law Affects Amended Complaints

    Felix Shafir

    Horvitz & Levy LLP partners Felix Shafir and Jeremy Rosen examine two complex subjects implicated by California's anti-SLAPP statute — whether the statute prevents a plaintiff from filing an amended complaint after an anti-SLAPP motion challenges the initial complaint, and whether anti-SLAPP challenges can be marshaled against amended complaints.