Legal Ethics

  • May 18, 2018

    Cohen Wants Avenatti Out, Citing A 'Carnival Atmosphere'

    President Donald Trump’s attorney Michael Cohen told a New York federal judge Friday that Stormy Daniels’ attorney Michael Avenatti has been creating a “carnival atmosphere” and should not be allowed into the court proceedings that have resulted from a raid of Cohen’s office.

  • May 18, 2018

    NJ Judge Denies Bullying Sex Assault Victim

    A New Jersey state Superior Court judge has filed a response to judicial misconduct charges, acknowledging that he asked an alleged sexual assault victim seeking a restraining order about how she fought off unwanted sex, but maintained his questions were misconstrued and taken out of context.

  • May 18, 2018

    Foley & Lardner Beats DQ In IP Suit Against Patent Atty

    There’s “no basis whatsoever” to grant slot machine game maker High 5 Games’ bid to disqualify Foley & Lardner LLP from representing a former in-house patent attorney who allegedly stole the company’s trade secrets, a New Jersey federal judge ruled Friday, rejecting the plaintiff’s claims that the attorneys accused their own clients of perjury.

  • May 18, 2018

    Colombia Anti-Corruption Chief Extradited On Bribery Charges

    Colombia’s top anti-corruption official and an attorney were extradited Thursday on charges filed in Florida that they laundered money and solicited bribes to obstruct an investigation into a former Colombian governor who is now cooperating with U.S. authorities.

  • May 18, 2018

    Tech Co. Seeks Quick Win In Suit By Ga. Bar Exam Applicants

    A technology company whose software was used in connection with Georgia’s bar exam asked a Georgia federal court on Friday to dismiss a proposed class action brought by bar applicants who were initially told that they failed the July 2015 and February 2016 tests but had actually passed.

  • May 18, 2018

    No DQ For Judge In Suit Against Alma Mater, 7th Circ. Says

    An Illinois federal judge who graduated from Bradley University and spoke about his “love affair” with the school was not required to recuse himself from an employment discrimination suit against it, the Seventh Circuit said in an opinion Friday.

  • May 18, 2018

    Patent Filing Malpractice Suit Wrongly Dismissed, Court Says

    A Michigan appeals court has partially reversed the dismissal of a legal malpractice suit over a patent filing agreement that was never executed, rejecting the argument it was filed past the legal deadline and saying a written attorney-client agreement ended their relationship far later than the lower court interpreted.

  • May 18, 2018

    3 Things To Know About Congress' New Litigation Funding Bill

    A recent bill introduced in the U.S. Senate that sponsors say will discourage gambling by the multibillion-dollar litigation funding industry is far from the first effort to regulate private legal investors. Here, Law360 looks at three things that distinguish the Litigation Funding Transparency Act of 2018.

  • May 18, 2018

    Goldberg Weprin Accused Of Illegally Holding $1M In Escrow

    A real estate holding company has accused a New York City boutique law firm of defying a court order and refusing to hand over $1.15 million it was holding in escrow related to a property sale.

  • May 18, 2018

    LabMD's Frivolous Suit Claims Should Be Axed, Judge Says

    A Pennsylvania magistrate judge is recommending the dismissal of a lawsuit accusing Reed Smith LLP and Clark Hill PLC of frivolously pursuing a pair of defamation actions against LabMD Inc. over statements made about the release of a file containing a trove of patient data.

  • May 18, 2018

    Duke Wants Sanctions Over FCA Whistleblower's Convos

    Duke University asked a North Carolina federal judge to sanction the counsel of a whistleblower in a False Claims Act lawsuit over allegedly falsified medical research data, saying the Gentry Locke Rakes & Moore attorneys knew about improper conversations the whistleblower had with school faculty members about the case.

  • May 17, 2018

    Atty Again Tries To Toss Dallas Diamond 'Shakedown' Row

    A Nashville attorney has urged the Fifth Circuit to reconsider its decision earlier this month to reject his bid to dump a civil conspiracy claim against him in a case brought by a Dallas diamond retailer who alleges the lawyer was part of a sophisticated nationwide "shakedown operation."

  • May 17, 2018

    Ute Tribe, Ex-Worker Denied Sanctions In Contract Row

    A Utah federal judge on Thursday rejected sanctions sought by both the Ute Indian Tribe and a former tribal employee in a contract dispute between them, but ordered both sides to “adjust their tone and rhetoric” to meet state standards in the heated litigation.

  • May 17, 2018

    NYC Atty Threatening To Call ICE Faces Complaint From Pols

    The man who was filmed screaming at employees of a New York City restaurant for speaking Spanish, then later identified as a complex commercial and insurance coverage attorney, is facing a formal complaint filed in the state court system’s Departmental Disciplinary Committee.

  • May 17, 2018

    Judge Probes Quinn Attys On 'Games' In Apple-Samsung Trial

    U.S. District Judge Lucy Koh on Thursday ordered Quinn Emanuel attorneys representing Samsung to provide the flight itinerary and boarding pass of a witness they suddenly dropped after Apple rested its case in a billion-dollar California patent damages trial, saying she wants to see if they're "playing games." A trial between Apple and Samsung played out all week in a San Jose courtroom, closing Friday. Here's one of our top-read stories on the proceedings from this week.

  • May 17, 2018

    Training, Insurance Best Cybersecurity Tools, Panelists Say

    The biggest cybersecurity threat facing law firms and their clients is employees who innocently click on a virus and fail to safeguard their passwords, making training and good insurance key necessities in the digital age, according to panelists who spoke at the New Jersey State Bar Association convention Thursday.

  • May 17, 2018

    Ex-Williams Cuker Partner Sued Over Firm's Windup

    A former partner with now-defunct Williams Cuker Berezofsky is facing accusations in Pennsylvania state court that she violated a firm windup agreement by cutting one of her ex-colleagues out of class litigation on behalf of Flint, Michigan, residents over lead contamination in their water.

  • May 17, 2018

    Calif. Bar Warns Attys Of Fee Phishing Scam

    The State Bar of California sent out an alert Thursday warning attorneys licensed in the state to be aware of a phishing scam coming in the form of suspicious emails claiming that their fee payments to the bar are overdue.

  • May 17, 2018

    Judge Married To Doc Won’t Step Out Of VA Med Mal Row

    A New York federal magistrate judge presiding over a cancer misdiagnosis suit lodged against a Veterans Affairs hospital has denied the patient’s bid to have her recused because she is married to a doctor, saying her husband’s activities had no bearing on her ability to adjudicate fairly.

  • May 17, 2018

    Rent-A-Wreck Sanctions Denied After Ch. 11 Dismissal

    Proposed sanctions against Rent-A-Wreck of America Inc. and its legal counsel stalled Thursday when a Delaware bankruptcy judge said that because their Chapter 11 petitions were not shown to have clearly been filed for a bad faith purpose, sanctions were not justified.

Expert Analysis

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • How To Withdraw From Representation Ethically In Mass.

    Christopher Blazejewski

    The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has appeared in court for a client: Withdrawing from a case is not as easy as appearing in one. The attorney withdrawal process in Massachusetts follows similar principles as other jurisdictions, though certain details vary, say Christopher Blazejewski and Jessica Kelly of Sherin & Lodgen LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • Have Your Cake, Eat It Too: Stocks Taxed As Assets In M&As

    Kelly Frey

    Certain M&A transactions can be structured as stock deals, but taxed as asset deals, with an IRC section 338(h)(10) election. Transactional attorneys failing to advise of the election can cost a client millions in lost tax savings and may face malpractice claims, say attorneys Kelly Frey and Amelia Lant at Nelson Mullins Riley & Scarborough LLP in Nashville, Tennessee.

  • Ethical Advocacy In Mediation: You May Need A New Plan

    Jeff Kichaven

    To discharge their ethical obligations to their clients during a mediation, lawyers must not allow mediators to take on inappropriate responsibilities. Lawyers should not sign whatever agreement a mediator puts under their nose, and should conduct as much of the face-to-face settlement negotiations as possible, says Jeff Kichaven, an independent mediator.

  • Best Practices For Building A Better Meeting

    Nicholas Cheolas

    How can we improve meetings in the legal industry, which tends to evolve with the speed of a tranquilized water buffalo mired in quicksand? Breaking it down to three phases can yield significant benefits, says Nicholas Cheolas of Zelle LLP.