Legal Ethics

  • May 26, 2020

    Accused PPE Fraudsters Deny NY Price-Gouging Charges

    A pair of accused COVID-19 fraudsters on Tuesday denied price-gouging charges stemming from a purported scheme to resell 1 million personal protective masks at a 50% hike.

  • May 26, 2020

    Ex-Pierce Atty Says Colleague Lied In Boeing Max 8 Hearing

    Confusion about Pierce Bainbridge's role in an airline class action mounted in recent days as a former Pierce attorney accused a one-time firm leader of potentially lying in court and another attorney representing the embattled partnership of trying to "intimidate" him into silence.

  • May 26, 2020

    Judge Lets Defense Firm Exit Fee Spat With Ex-Novak Attys

    A D.C. federal judge on Saturday allowed a law firm representing a group of former Novak Druce partners without "any promise" of being paid to leave the defense table.

  • May 26, 2020

    Judge Makes Schlichter Bogard $5M Fee Offer It Won't Refuse

    Schlichter Bogard & Denton LLP and two other firms will receive nearly $5.25 million in fees after a federal judge during a hearing Tuesday offered the attorneys representing Massachusetts Institute of Technology workers in an $18 million ERISA settlement a choice: take the deal or pay for a special master.

  • May 26, 2020

    Landlord Says Jenner & Block Owes $3.7M In Unpaid Rent

    Jenner & Block LLP is in a fight with its Chicago landlord over how much in rent the firm must pay while its office space goes largely unused because of the coronavirus pandemic, with the landlord asking for more than $3.7 million.

  • May 26, 2020

    NJ Justices Remove 'Close Your Legs' Judge From Bench

    The New Jersey Supreme Court on Tuesday ousted a state judge for asking a sexual assault accuser whether she closed her legs and later joking about the case with his staff, siding with a special panel's determination that he should be removed from the bench.

  • May 22, 2020

    Law360 Reveals Titans Of The Plaintiffs Bar

    They've represented consumers, companies, and government entities, taken on Goliaths in industries ranging from aerospace to health care to finance to technology to sports, and won landmark victories on behalf of clients across the country.

  • May 24, 2020

    Judge Taps Kavanaugh's Atty To Fight Flynn's Dismissal Bid

    A D.C. federal judge overseeing Michael Flynn's prosecution has hired a high-powered trial attorney to defend his decision to examine the government's request to toss the case, a person familiar with the hiring told Law360 Sunday. 

  • May 22, 2020

    Law Firms Urged To Move Past Standard Data Breach Scripts

    Law firms should tell clients if their sensitive data has been exposed even if it's unclear whether the law requires them to do so, a new report from a coalition of legal industry stakeholders says.

  • May 22, 2020

    Podhurst's Inaction Costs Its Damages Bid Against Venezuela

    Podhurst Orseck PA has been dropped from its bid to collect damages in a long-standing arbitration dispute in Mississippi federal court between U.S. shipbuilder Huntington Ingalls and Venezuela's Ministry of Defense after failing to file anything in the case for at least 11 years.

  • May 22, 2020

    Feds Rip Ex-Apple Atty's 'Hail Mary' Bid To Nix Criminal Case

    Federal prosecutors on Friday tore into a dismissal bid lodged by a former senior Apple attorney indicted for insider trading, saying the lawyer's argument that the criminal case against him is unconstitutional is the legal equivalent of "a Hail Mary pass."

  • May 22, 2020

    Wigdor Drops Biden Sex Assault Accuser Reade As Client

    Prominent #MeToo litigator Douglas H. Wigdor said Friday his firm has stopped working with Tara Reade, the former Senate staffer accusing former Vice President Joe Biden of sexual assault.

  • May 22, 2020

    Texas Firm Accused In $100M Suit Of Swindling Ailing Mogul

    A Houston-area law firm and one of its attorneys have been hit with a state court lawsuit seeking more than $100 million in damages by a member of a prominent Texas family alleging the firm tricked his ailing father into giving them power over his business empire.

  • May 22, 2020

    'Painfully Honest' Atty Fights Discovery Sanctions In IT Row

    An attorney facing possible sanctions over discovery missteps has told a California federal court that he had been "painfully honest" about his former client's ability to comply with the court's orders in the legal fight between two information technology companies.

  • May 22, 2020

    Watergate Prosecutors Rip Flynn's Bid To Nix Case At DC Circ.

    Sixteen prosecutors who served on the Watergate Special Prosecution Force slammed former national security adviser Michael Flynn's request that the D.C. Circuit immediately decide whether the government can drop charges against him, saying it's "difficult to imagine a case more ill-suited than this for the 'drastic and extraordinary' remedy."

  • May 22, 2020

    Georgia Bankruptcy Firm Sues Hartford To Cover Virus Losses

    A Georgia bankruptcy law firm is suing Hartford Casualty Insurance Co., alleging that it wrongfully denied coverage for business income losses resulting from state-mandated shutdowns during the COVID-19 pandemic.

  • May 22, 2020

    Mintz Bid To Win Malpractice Suit 'Fatally Flawed,' Lab Says

    A shuttered diagnostics lab hit back against Mintz Levin Cohn Ferris Glovsky & Popeo PC's bid for a win in a malpractice suit, saying the firm was over-relying on a deposition from the bankruptcy trustee for the diagnostics lab in saying the lab wasn't hurt by the firm's advice regarding its business practices.

  • May 22, 2020

    Alston & Bird On The Hook For Larger Malpractice Award

    A Georgia state appellate court has reinstated the bulk of a $2.1 million judgment against Alston & Bird LLP, finding a lower court cut too much from that award after a jury agreed with a family-run management company that the firm committed professional malpractice.

  • May 21, 2020

    Boies Schiller Bias Fight Sent To Mediation As 2021 Trial Set

    A Florida federal judge on Thursday set a March 2021 trial date in a bias suit by a former Boies Schiller Flexner LLP legal assistant who says she was fired because she was over 60 years old and suffered from an anxiety disorder, first sending the suit to mediation.

  • May 21, 2020

    11th Circ. Says Judicial Nominating Panel Not Subject To FOIA

    The Eleventh Circuit on Thursday upheld a Florida federal court's decision to dismiss a Freedom of Information Act lawsuit against a state judicial nominating commission, affirming the lower court's determination that the commission was not a federal agency.

  • May 21, 2020

    FedEx Can't DQ Lichten Firm In Pa. Drivers' OT Suit

    A Pennsylvania federal judge said Thursday that Lichten & Liss-Riordan PC's work representing FedEx drivers in a separate New Jersey wage class action doesn't pose any conflicts for FedEx drivers in a Keystone State collective action alleging they've been shorted on overtime.

  • May 21, 2020

    Washington Bar To Update State High Court On Harassment

    Washington state's highest court has asked the Washington State Bar Association to update it on concerns by the organization's staff that its leadership fostered a "hostile work environment" by bungling a probe into allegations that a board member sexually harassed a staffer.

  • May 21, 2020

    DC Circ. Orders Judge To Respond To Flynn's Bias Claims

    The D.C. Circuit has given U.S. District Judge Emmet Sullivan 10 days to respond to former national security adviser Michael Flynn's accusations that the judge is "biased" for not allowing the government to drop charges against him.

  • May 21, 2020

    Malpractice Insurance Bills To Climb Even Higher After Virus

    The BigLaw bill for legal malpractice insurance, already riding an upward trend in commercial coverage rates, is expected to head even higher amid an expected onslaught of pandemic-era disputes with attorneys.

  • May 21, 2020

    Pot Co. Wants Fees After $1.8M Judgment In Credit Card Suit

    Cannabis dispensary operator Tryke Management has put in a bid for attorney fees after an Arizona federal judge awarded the company a judgment of nearly $1.8 million in its fight with embattled cannabis industry credit card processor Linx Card Inc.

Expert Analysis

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Opinion

    Flynn Judge Should Not Change Role Of Amicus Curiae

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    As an appellate attorney who has authored numerous amicus briefs, I am deeply concerned about some fast-moving developments in the case of former Trump national security adviser Michael Flynn, where a D.C. federal judge is transforming amici curiae into 11th-hour prosecutorial intermeddlers, says Lawrence Ebner at Capital Appellate.

  • The Role Of Remote Mediation After The Crisis Is Over

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    When the dark cloud of COVID-19 has passed and resolution centers are once again peopled with warring parties and aspiring peacemakers, remote mediations will likely still be common, but they are not going to be a panacea for all that ails the dispute resolution industry, says Mitch Orpett at Tribler Orpett.

  • 7 Steps To Romancing The Virtual Classroom

    Excerpt from Lexis Practice Advisor
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    For professors, trainers, lawyers, students and businesses grappling with the unexpected challenges of distance learning, trial attorney and teacher James Wagstaffe offers best practices for real-time online instruction.

  • Key Return-To-Work Considerations For Law Firms

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    There may be precious little notice before the legal community ramps up, so it's important to have return-to-work plans that address the unique challenges law firms will face in bringing employees back to offices, say attorneys Daniel Gerber, Barbara O'Connell and Richard Tucker.

  • A Creative Solution For Teaching Local Practice In Law School

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    To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

  • With Friends Like These: The Amicus Questions In Flynn Case

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    A D.C. federal judge's recent appointment of amicus curiae to address whether the Michael Flynn case can proceed is reminiscent of the judicial overreach that the U.S. Supreme Court criticized and reversed this month in U.S. v. Sineneng-Smith, says Lawrence Ebner at Capital Appellate Advocacy.

  • Making Law Firm Panels Work For The Cost-Conscious GC

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    General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti, formerly at Avis Budget Group, and Jaron Luttich at Element Standard.

  • Pandemic Presents Teamwork Test For Law Firms

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    To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

  • 8 Tips For Retaining An Expert During COVID-19 And Beyond

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    Caroline Crump at Exponent and Natalie Baker Reis at Medical Research Consultants outline some strategies for creating a successful attorney-expert team, including unique considerations for pandemic-related closures and economic uncertainties.

  • What It's Like To Move From Army JAG To BigLaw

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    Lawyers who have served in the U.S. Army's Judge Advocate General's Corps can provide tremendous value to law firms, but the transition to firm life has its challenges, says former JAG attorney Vinnie Lichvar, now at Snell & Wilmer.

  • How Law Firms Can Maximize COVID-19 Insurance Coverage

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    Law firms struggling due to the pandemic should identify relevant insurance policies and provisions, be mindful of notice requirements that could interfere with coverage, and push back against policy exclusions, say Robin Cohen and James Smith at McKool Smith.

  • Virtual Caucuses Can Improve The Mediation Process

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    Both during the current crisis and in the future, integrating virtual, private caucuses between the mediator and each party into the mediation timetable would create an overall superior process, says mediator Marc Isserles at JAMS.

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