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Legal Ethics

  • August 16, 2018

    Judge Rips Twombly For Straining Resources In IP Row

    A California federal judge appeared unswayed Thursday by SAP America Inc. and HP Inc.’s arguments that a software company hasn't met the stringent pleading standards required under the U.S. Supreme Court’s Twombly decision, saying Twombly has created more work than it’s saved, and "you get to the point where we’re wasting time and resources when you know what their pleading is."

  • August 16, 2018

    Rakoff Shaves Objector Atty's Fee Bid In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff has ruled that the Center for Class Action Fairness can have just a small fraction of the nearly $200,000 in attorneys' fees requested for it by its client, an objector to the $3 billion class action settlement resolving securities fraud claims against Brazilian oil giant Petrobras.

  • August 16, 2018

    Trump Campaign Atty Can't Shake Call For Suspension

    An Illinois disciplinary board rejected objections by an attorney who served as President Donald Trump’s state campaign director to a recommended one-year suspension of his license, advising the state’s supreme court that it supported that punishment.

  • August 16, 2018

    Law360's The Week In Discipline

    An Ohio attorney who funneled hundreds of thousands of dollars earmarked for a school and a children’s hospital to himself and a New York lawyer sanctioned for “inexcusable” conduct in a discrimination and harassment case lead Law360’s The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • August 16, 2018

    Old Guidelines Warrant New Sentence For Fraudster: 1st Circ.

    The First Circuit threw out an 11-year prison term Wednesday for a Puerto Rican man convicted on 29 counts of fraud and other charges for posing as a bankruptcy lawyer to help parents get out of jail for missing child support payments, ruling that the sentence had been calculated under outdated guidelines.

  • August 16, 2018

    'Indefensible' Fees Request Slashed In ACA Birth Control Row

    In a sternly worded opinion, an Oklahoma federal judge rejected a request for $3.1 million in attorneys' fees from lawyers representing a group of Catholic institutions that sued over Affordable Care Act rules concerning birth control, ruling that the request was "indefensible" and reducing it by more than 75 percent.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    City Solicitor Slammed In Pa. AG's Clergy Abuse Report

    A devastating grand jury report into sexual abuse by Catholic clergy in Pennsylvania includes allegations that an Allentown-based attorney, who was appointed as the city’s solicitor in May, worked to undermine one woman's claims by digging up damaging information about her and her family.

  • August 15, 2018

    Appeals Court Stops Contempt Proceedings Against 2 Attys

    A Florida appeals court on Wednesday barred a trial court from continuing indirect criminal contempt proceedings for two attorneys for lender Ditech Financial LLC for violating a discovery order in a foreclosure suit, finding there was no evidence the lawyers had advised the company to violate the order.

  • August 15, 2018

    Ogletree Must Show Judge Contract In Atty Gender Bias Suit

    A California federal judge said Wednesday that he will need to see Ogletree Deakins Nash Smoak & Stewart PC's contract with a former nonequity shareholder before deciding whether to transfer her proposed gender bias class action, send it to arbitration or keep it in his court.

  • August 15, 2018

    NRA Atty Faces Scrutiny After Not Disclosing Sanction

    National Rifle Association lawyers will have to answer for the accuracy of a well-known Texas litigator's application to represent it in a dispute with an insurance broker in Virginia federal court, where a judge ordered a hearing on the submission after learning that it didn't mention a past sanction for allegedly trying to influence potential jurors. 

  • August 15, 2018

    DQ Attys Of Chobani Founder's Ex-Wife, 'Consultant' Says

    A onetime confidant to the ex-wife of Chobani Inc. founder Hamdi Ulukaya told a New York federal judge that her lawyers should be tossed off his federal case against her because they “are simultaneously and necessarily concerned” with their own defenses in a related state action.

  • August 15, 2018

    Ex-Katten Atty Loses Bid To Dodge Shkreli Fraud Charges

    A New York federal judge on Tuesday refused to let former Katten Muchin Rosenman LLP attorney Evan Greebel duck charges that he aided now-imprisoned former pharmaceutical executive Martin Shkreli in defrauding Retrophin Inc., finding that the jury had plenty of reasons to convict the corporate lawyer.

  • August 15, 2018

    Tenn. Atty Suspended For Accusing Appellate Judges Of Bias

    The Tennessee Supreme Court has suspended a Memphis attorney for six months after finding that he accused three state appellate court judges who ruled against him of bias and ignoring the law, without any basis for his claims.

  • August 15, 2018

    9th Circ. Revives Suit Against ICE Atty Who Forged Docs

    The Ninth Circuit has revived a lawsuit by a permanent resident against the Immigration and Customs Enforcement attorney convicted of forging a document in his removal proceedings that could have resulted in the resident being deported.

  • August 15, 2018

    Wigdor Takes Over ESPN Harassment Suit, Plans Class Action

    Wigdor LLP, the newly hired counsel for former ESPN legal analyst Adrienne Lawrence, said Wednesday that it plans to turn her sexual harassment suit against the network into a class action complaint.

  • August 15, 2018

    Pa. Justice Rejects Recusal Bid In Bus Injury Appeals

    Declaring that no jurist’s mind is a blank slate, a Pennsylvania Supreme Court justice on Wednesday declined to recuse himself from a sovereign immunity challenge despite criticizing a decision upholding a personal injury damages cap for a school bus accident before he joined the court.

  • August 15, 2018

    Tax Atty's $5M Bias Suit Against Georgetown Tossed In Texas

    A Texas federal judge has thrown out a $5 million case submitted by a Dallas-based international tax attorney who alleged he was discriminated against by his law school alma mater, Georgetown University, finding that the court lacked jurisdiction.

Expert Analysis

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.

  • What Lawyers Must Know About Financial Elder Abuse Claims

    Geoffrey Gold

    Recent litigation surrounding Marvel Comics icon Stan Lee has drawn attention to the issue of financial elder abuse. Geoffrey Gold of Ervin Cohen & Jessup LLP offers practice pointers on using the provisions of the California Elder Abuse Act to protect senior clients who may have been victims of financial fraud.

  • Series

    Clerking For Ginsburg: 4 Things I Learned

    Judge John Owens

    A lot has changed since I clerked for Justice Ruth Bader Ginsburg 20 years ago. At that time, I had hair and no wife. I also thought I knew everything — but working for the justice made me realize very quickly that I actually knew very little, says Ninth Circuit Judge John Owens.

  • Series

    Clerking For Ginsburg: The Equality Lessons

    Margo Schlanger

    In 1993, Ruth Bader Ginsburg was confirmed to the U.S. Supreme Court, and I began my two-year clerkship with her. In her first opinion as a justice, and in dozens since, Justice Ginsburg reminded us how the law needs to operate if equality is to be a reality, says Margo Schlanger, a professor at the University of Michigan Law School.

  • NY Commercial Division Backs Technology-Assisted Review

    Elizabeth Sacksteder

    Neither the Federal Rules of Civil Procedure nor most state procedure codes expressly address whether, in what circumstances, or how a party may use technology-assisted review to fulfill its disclosure obligations. A new rule introduced last week by the Commercial Division of the New York Supreme Court aims to fill that gap, say Elizabeth Sacksteder and Ross Gotler of Paul Weiss Rifkind Wharton & Garrison LLP.

  • Why CFPB Should Not Regulate The Practice Of Law

    Joann Needleman

    After a four-day jury trial, an Ohio federal judge ruled this week that the Consumer Financial Protection Bureau failed to prove that debt collection law firm Weltman Weinberg & Reis Co. LPA had misled consumers by sending them demand letters. The decision calls into question the CFPB's authority to investigate or bring enforcement actions against collection law firms, says Joann Needleman of Clark Hill PLC.

  • The Future Of Authenticating Audio And Video Evidence

    Jonathan Mraunac

    The recent emergence of artificial intelligence-based technology has prompted serious concerns about the future integrity of recordings. Attorneys must think critically about standards for authenticating audio and video evidence as well as legislative and regulatory safeguards to discourage pervasive manipulation and forgery, says Jonathan Mraunac of Ogletree Deakins Nash Smoak & Stewart PC.

  • Calif. Rules For Advising Cannabis Clients Need Clarity: Part 2

    Francis Mootz III

    California's State Bar and Supreme Court should draw from other states' approaches to cannabis lawyering and proactively address ethical concerns in the proposed amendments to its Model Rules of Professional Conduct, say Francis Mootz III of the McGeorge School of Law and Ian Stewart and Sehreen Ladak of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Calif. Rules For Advising Cannabis Clients Need Clarity: Part 1

    Francis Mootz III

    Proposed changes to California's Rules of Professional Conduct threaten to limit the extent and quality of legal work that is badly needed to ensure a safe and orderly transition out of the gray market for the cannabis industry, say Francis Mootz III of the McGeorge School of Law and Ian Stewart and Sehreen Ladak of Wilson Elser Moskowitz Edelman & Dicker LLP.