Legal Ethics

  • February 18, 2018

    NLRB Member Wrongly Partook In Joint Employer Case, IG Says

    National Labor Relations Board member and former Littler Mendelson PC shareholder Bill Emanuel’s participation in a recent case altering the board’s joint employment standard calls into doubt both the validity of that ruling and the adequacy of the board’s recusal procedures, the agency’s inspector general said in a report obtained by Law360 Saturday.

  • February 16, 2018

    Boston Scientific IP Attys Must Defend Doc-Redact Request

    A California federal judge on Thursday denied Boston Scientific Corp.’s bid to seal documents related to Nevro Corp.’s suit claiming infringement of its spinal cord pain treatment patents, saying Boston’s attorneys must file explanations why they shouldn’t be sanctioned for “frivolous and vexatious conduct.”

  • February 16, 2018

    Safran Gets Attys' Fees After Beating FCA Allegations

    A California federal judge on Thursday awarded attorneys’ fees to French security contractor Safran after determining that two theories that served as part of a set of False Claims Act allegations by former company employees were “clearly frivolous.”

  • February 16, 2018

    ​​​​​​​Holland & Knight Looks To Undo $35M Malpractice Loss

    Holland & Knight LLP urged a California appellate panel on Friday to undo a jury's $34.5 million award to a real estate investor who sued the firm over fraud and malpractice, arguing that the firm had no knowledge of alleged wrongdoing surrounding the investor's transactions and that the jury improperly awarded duplicated damages.

  • February 16, 2018

    Fla. Judge Should Be Removed For Campaign Offenses: Panel

    Florida's Judicial Qualifications Commission recommended Thursday that a state judge be removed after finding him guilty of violating several judicial rules in a series of incidents, led by his posting of false information about an election opponent on his own campaign website.

  • February 16, 2018

    Weil's Role Part Of Probe Of Breitburn Conflict Claims

    A New York bankruptcy judge Friday said he would hold a hearing to address a Breitburn Energy Partners LP bondholder’s claim of conflicts of interest between a prospective stalking horse bidder, a Breitburn lienholder and Breitburn bankruptcy counsel Weil Gotshal & Manges LLP.

  • February 16, 2018

    Dallas Atty Cops To Running Marriage Fraud Scheme

    A Dallas attorney accused of arranging a marriage to secure lawful permanent resident status for his legal assistant entered a guilty plea to the charge Thursday, the U.S. Department of Justice announced Friday.

  • February 16, 2018

    NJ Judge Denies Using Role To Sway Police In DUI Arrest

    A New Jersey municipal court judge facing ethics charges over a profanity-laced tirade he allegedly unleashed while being arrested on suspicion of drunken driving said Friday that while he told state troopers at the scene he was a judge, he wasn’t seeking preferential treatment because of his profession.

  • February 16, 2018

    Convicted Dewey Exec's SEC Deal Hinges On Criminal Appeal

    A settlement between the U.S. Securities and Exchange Commission and former Dewey & LeBoeuf LLP chief financial officer Joel Sanders, who was convicted of fraud, rests on the outcome of Sanders' criminal appeal, a Manhattan federal judge heard Friday.

  • February 16, 2018

    Lundy Law Scolded In Decision Axing False Advertising Suit

    A federal judge upbraided Philadelphia-based personal injury firm Lundy Law LLP on Thursday for advertisements that seemingly overstated the scope of its services, but ultimately agreed that a rival did not have grounds to move forward with a lawsuit seeking damages over the purported misrepresentations.

  • February 16, 2018

    Md. Court Raises Red Flag On Midcase Ethics Complaints

    A Maryland appeals court issued a warning Thursday about conduct complaints being filed midlitigation by an opposing counsel but nonetheless imposed a 30-day suspension on a lawyer whose disciplinary proceeding began during a business dispute.

  • February 16, 2018

    NY Atty Sues For Fees In $2.9M Bias Suit Settlement

    A New York attorney claims he is owed more than $385,000 in legal fees from a New Jersey lawyer stemming from their joint representation in an employee bias suit that settled for $2.9 million, but says the lawyer is using a Garden State loophole to render their fee-sharing agreement null, according to a complaint filed in New York state court.

  • February 16, 2018

    Insider Tips Case Shows 3rd Circ.'s Caution On Sentencings

    A recent Third Circuit opinion that scrapped a nearly four-year prison sentence for a former Simpson Thacher & Bartlett LLP managing clerk convicted in a $5.6 million insider trading scheme is consistent with a wider pattern by the appeals court of taking a hard look at sentencing overreaches, court watchers say.

  • February 16, 2018

    Ex-Allen & Overy Atty's Psych Exam Story Falls Flat

    Two New York state appeals judges scoffed at a fired Allen & Overy LLP attorney seeking to lift sanctions and revive her sexual harassment suit against the firm at a hearing Friday, hammering the attorney for cutting short a court-ordered psychiatric examination by threatening to have the doctor arrested.

  • February 16, 2018

    Guantanamo Trial Halted After 'Revolution' By Defense

    A judge overseeing the military commission prosecuting the alleged mastermind of the deadly USS Cole bombing has halted the case, citing his ongoing frustration with defense attorneys who are allegedly rebelling against the military commission system.

  • February 16, 2018

    Texas Justices Won't Hear From Oil Exec DQ'd As Counsel

    The Texas Supreme Court declined Friday to intervene in a dispute in which a lawyer argued he was wrongly disqualified from acting as counsel in litigation against two oil and gas companies that he runs, which are facing a shareholder derivative lawsuit from his son, a former executive at both companies.

  • February 15, 2018

    Ex-ICE Attorney Cops To Stealing Immigrant IDs

    A former top attorney at U.S. Immigration and Customs Enforcement's Seattle branch has pled guilty to charges he stole the identity of seven immigrants and attempted to use that information to defraud several major financial institutions, his attorney announced Thursday.

  • February 15, 2018

    AT&T Takes Unusual Step In Seeking Delrahim Testimony

    AT&T Inc.’s bid to have Makan Delrahim, head of the U.S. Department of Justice’s Antitrust Division, testify in the case challenging its planned purchase of Time Warner Inc., could help the company argue that the challenge was politically motivated, but it may not be easy and comes with some risk.

  • February 15, 2018

    Ex-Foley & Lardner Atty Should Get Prison Time, Feds Say

    Prosecutors on Thursday urged a New York federal judge to ignore a request from former Foley & Lardner LLP partner Walter “Chet” Little that he be sentenced to community service and time served after pleading guilty to an insider trading scheme using the firm’s client information.

  • February 15, 2018

    ​​​​​​​Appeal Or Retrial: Can't Have Both, Ex-Cozen Atty Argues

    A Pennsylvania attorney facing part of a $2.3 million verdict for abusive probate litigation against a former Cozen O'Connor partner should not receive a new trial, the winner of that verdict argued in a state court filing Wednesday, saying a pending appeal in the case invalidated claims that an expert committed perjury.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.