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Legal Ethics

  • November 16, 2018

    Calif. High Court To Hear Suit Against Atty Over Monster Deal

    The California Supreme Court has agreed to hear an appeal by Monster Energy Co., which is seeking to revive its suit against an attorney who allegedly breached a confidentiality agreement in the settlement of an underlying suit blaming Monster’s energy drinks for the death of a teenager.

  • November 15, 2018

    Ex-Playboy Model Keeps 'Hush Money' Row Public

    Republican fundraiser Elliott Broidy can't force an ex-Playboy model to arbitrate her contract claim stemming from their $1.6 million "hush money" deal, a Los Angeles judge ruled Thursday, saying it's too intertwined with her suit's claims against attorneys Michael Avenatti and Keith Davidson to break off.

  • November 15, 2018

    Dewey Drama Takes Unexpected Twist With Ex-CFO's Jailing

    The long saga of failed BigLaw firm Dewey & LeBoeuf LLP took another dramatic twist Thursday when a New York judge threw the firm's former chief financial officer in jail briefly for not paying his $1 million criminal fine, leaving some lawyers shocked.

  • November 15, 2018

    Law360's The Week In Discipline

    A Florida lawyer who had been blocked from the state’s attorney general race and an Iowa lawyer who neglected dozens of his trucker clients lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • November 15, 2018

    Pa. Justices Snub Appeal In Axed Foreclosure Fee Case

    The Pennsylvania Supreme Court said Thursday it would not hear an appeal of a decision refusing to revive class claims accusing Udren Law Offices PC of illegally collecting excessive fees in connection with mortgage foreclosure actions against homeowners.

  • November 15, 2018

    Chuhak Must Face Ex-NFL Players' Tax Scheme Claims

    A group of retired NFL players who claim they were burned by a fraudulent tax scheme cooked up by lawyers at Chuhak & Tecson PC can proceed with professional negligence and civil conspiracy claims against the attorneys and the firm, a Florida federal judge ruled Wednesday.

  • November 15, 2018

    Feds Doubt Ex-BigLaw Atty's Privilege Applies In Crypto Scam

    Manhattan federal prosecutors gave a preview of the evidence they'd gathered against former Locke Lord LLP lawyer Mark S. Scott on Thursday over his alleged role in laundering proceeds of a $400 million cryptocurrency scam, saying most of his work was financial, not legal, and the crime-fraud exception may apply to his privilege claims.

  • November 15, 2018

    Pa. Judge Slams Ethics Violation Ruling Over Lewd Pics

    A Pennsylvania judge has declared that a state ethics board should not have found him in violation of conduct rules last month for viewing pictures of naked women on a personal computer he kept in his chambers.

  • November 15, 2018

    Chicago Merc's GC Can't Be Deposed In Trademark Spat

    Intercontinental Exchange Inc. cannot depose the Chicago Mercantile Exchange's general counsel in a trademark suit over CME's risk assessment software because ICE has not proven that the lawyer is the only source of certain information it seeks, an Illinois federal judge ruled Thursday.

  • November 15, 2018

    Ex-Dewey CFO Jailed For Failing To Pay $1M Fraud Fine

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Thursday was taken into custody and led away from a Manhattan courtroom in handcuffs after failing to make good on the $1 million fine he was sentenced to pay following his fraud conviction last year.

  • November 15, 2018

    Facebook Friendship Doesn't Require DQ, Fla. Justices Say

    The Florida Supreme Court ruled Thursday that a Facebook friendship between a judge and a litigator is not on its own a legally sufficient basis for disqualification, although a majority of the justices took the position that judges should not be active on social media.

  • November 14, 2018

    Avenatti Arrested On Felony Domestic Violence Charge

    Michael Avenatti, the attorney representing adult film actress Stormy Daniels in her now-dismissed defamation suit against President Donald Trump, was arrested on a felony domestic violence charge, the Los Angeles Police Department said Wednesday.

  • November 14, 2018

    9th Circ. Judge Doubts Bio-Rad Appeal Of Ex-GC's $11M Win

    A Ninth Circuit judge appeared skeptical Wednesday of Bio-Rad Laboratories Inc.'s arguments in favor of overturning an $11 million whistleblower judgment against the company, repeatedly questioning its counsel during a hearing on how an erroneous jury instruction would change the outcome of the verdict.

  • November 14, 2018

    Gibson Dunn Bows Out Of Pharma RICO Suit Amid DQ Bid

    Gibson Dunn & Crutcher LLP has withdrawn as counsel for Heritage Pharmaceuticals Inc. in the company’s Racketeer Influenced and Corrupt Organizations Act suit against two former executives amid their pending motions to disqualify the firm over its prior ties to them, according to a letter sent by co-counsel to a New Jersey federal judge.

  • November 14, 2018

    7th Circ. OKs Sanctions Over Atty's Post-Settlement Fee Filing

    The Seventh Circuit on Wednesday agreed with a lower court that an Indiana lawyer's request for fees in a copyright suit was sanctionable because he did not reveal in his filing that his client had paid to settle the case with prejudice.

  • November 14, 2018

    Insurance Trustee Fined $370K For Suing Life Partners

    A Texas bankruptcy court on Tuesday imposed more than $370,000 in fines and held in contempt a life insurance trustee who violated a court order not to launch new litigation over the ownership of insurance policies that were bought by Life Partners Holdings Inc.

  • November 14, 2018

    Colo. DA Asks State High Court For Atty Fees In Ethics Row

    The former district attorney for a pair of Colorado counties asked the state’s Supreme Court on Wednesday to revive his lawsuit for $300,000 in attorneys’ fees he incurred while fighting ethics complaints brought by the attorney regulatory council, saying the counties must pay for expenses related to his job.

  • November 14, 2018

    Timeshare Co. Fights Attys' Bid To Withdraw From Suit

    Timeshare resort company Orange Lake Country Club Inc. has urged a Florida federal court to deny two attorneys' request to withdraw as counsel to a lawyer mired in the company's suit claiming illegal interference in its contracts, saying the pair have too much unfinished business in court.

  • November 14, 2018

    9th Circ. Creates New Role To Tackle Workplace Harassment

    In a first for the federal judiciary, the U.S. Court of Appeals for the Ninth Circuit has created the new position of director of workplace relations to confront workplace harassment issues in the appellate, trial and bankruptcy courts within the circuit’s jurisdiction.

  • November 14, 2018

    Ex-Dewey Exec Trying To Ax $1M Fine Deserves Jail, DA Says

    Counsel for Dewey & LeBoeuf LLP's former chief financial officer will square off Thursday in Manhattan with prosecutors who claim the ex-executive should be jailed after asking a New York state judge to toss or reduce the $1 million fine he was sentenced to pay following his fraud conviction last year.

Expert Analysis

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • How Employers Can Address Secret Workplace Recordings

     Jackie Ford

    Secret recordings allegedly made by President Donald Trump's former lawyer Michael Cohen and former White House staffer Omarosa Manigault Newman provide a useful vehicle for reviewing the ethics and legality of surreptitious taping, and may be instructive for employers concerned about limiting such recording in the workplace, says Jackie Ford of Vorys Sater Seymour and Pease LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    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 Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.