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Legal Ethics

  • August 9, 2018

    Law360's The Week In Discipline

    An Alabama lawyer facing a sanction threat for firing off shotgun pleadings and a ex-judge in Pennsylvania chased by disciplinary trouble lead Law360's The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • August 9, 2018

    Icahn Can't Escape Depo In Wachtell Malpractice Suit

    A Manhattan federal judge said on Thursday that billionaire financier Carl Icahn can’t get out of being deposed in a long-running malpractice fight between CVR Energy Inc. and Wachtell Lipton Rosen & Katz, saying he wasn’t buying the notion that prior questioning was done in bad faith.

  • August 9, 2018

    OptimisCorp Board To Pay $54K In Sanctions In Chancery Suit

    Directors and executives of health care industry software firm OptimisCorp must immediately pay $54,000 in sanctions previously imposed by a Delaware chancery court judge after she denied the defendants' motion to stay the sanction award on Thursday.

  • August 9, 2018

    Dell Unit Whistleblower Can't Get New Award With Bias Claim

    A California judge has refused a whistleblower’s request to scrap an allegedly inadequate $1.57 million award he received in his case against a Dell Technologies subsidiary, despite claims that the arbitrator unfairly excluded evidence and was biased because one of his JAMS colleagues once represented the company while at Orrick Herrington & Sutcliffe LLP.

  • August 9, 2018

    Ex-BigLaw Atty Who Traded On Client Docs Nears SEC Deal

    A New York federal judge paused a U.S. Securities and Exchange Commission's suit Thursday against a former BigLaw partner and his friend who copped to making $1 million off insider tips stolen from Foley & Lardner LLP computer files after the agency said it needed more time to finalize a settlement.

  • August 9, 2018

    Ariz. Lawyer Denies Witness Tampering, Other Charges

    A Tucson attorney has pled not guilty in Arizona federal court to charges of witness tampering, obstruction of justice and helping an offender avoid apprehension in a criminal case.

  • August 8, 2018

    Bowles Rice, Title Insurer Set For Trial In $41M Contract Row

    Bowles Rice LLP is headed to trial against a longtime partner, title insurer First American, after a federal court ruled Wednesday enough facts remain disputed about the law firm's share of blame around a $41 million settlement following the rocky construction of a coal power plant, whose title First American insured.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Judge To Screen Clerk Linked To BYU-Idaho In Title IX Suit

    An Idaho federal judge whose new law clerk’s brother is the Title IX compliance officer at Brigham Young University-Idaho said Tuesday the clerk "will be screened from ... and will not be involved with" a woman's lawsuit accusing the school of failing to report a sexually abusive professor.

  • August 8, 2018

    Ex-Lover Sues Redstone, Loeb & Loeb Atty Over Apartment

    A former companion of elderly ex-Viacom chairman Sumner Redstone has filed a suit against the billionaire and his attorney in California state court alleging she was tricked into signing a document that allowed Redstone to take back a $3.75 million New York apartment he gave her.

  • August 8, 2018

    4th Circ. Says Hartford Off Hook For Ambulance-Chasing Suits

    The Fourth Circuit affirmed Tuesday that a unit of The Hartford Financial Services Group Inc. doesn’t have to defend a law firm facing two proposed class actions claiming it unlawfully used state crash records to solicit clients, agreeing with a lower court that a pair of policy exclusions apply to bar coverage.

  • August 8, 2018

    Lawyer-Lender Fee Deals An Ethics Breach, NYC Bar Says

    Lawyer-lender financing deals in which repayments by attorneys are pegged directly to legal fees violate the ethics ban on sharing fees with nonlawyers, according to a recent opinion from the New York City Bar Association.

  • August 8, 2018

    Settlement Breach Suit Over $50M Aflac Demand Can Proceed

    A Georgia federal court has decided to allow a suit alleging that a woman breached a 25-year-old settlement agreement by sharing details about her original claims with an attorney handling a different suit against Aflac Inc., who then threatened further legal action against the insurance company unless it paid $50 million.

  • August 8, 2018

    Napoli Bern Insurer Wants Out Of $4M Award In Atty Fee Spat

    An insurer for the now-defunct asbestos plaintiffs giant Napoli Bern Ripka Shkolnik LLP wants a New York federal judge to say it won’t have to pay a $4 million-plus arbitration award for a Los Angeles lawyer who accused the firm of cutting him out of lucrative case referral fees.

  • August 8, 2018

    Immigration Judges File Grievance Over DOJ's Case Transfers

    The union representing America’s immigration judges accused the Department of Justice on Wednesday of violating principles of judicial independence when it allegedly pressured a Philadelphia judge to either close a missing juvenile immigrant’s case or deport him and then reassigned the case and dozens of others to different judges.

  • August 8, 2018

    Attys Shake Malpractice Suit Over $20M Arbitration Losses

    A Texas state appellate court declined on Wednesday to revive a petroleum engineer’s suit against the attorneys he claimed cost him an extra $20 million in losses after representing him in an underlying arbitration, saying that the lower court was right to find the engineer’s expert was introduced too late.

  • August 7, 2018

    Cadwalader Can't Call Legal Experts In Malpractice Trial

    Cadwalader Wickersham & Taft LLP can’t call experts in a legal malpractice trial brought by Washington Redskins owner Dan Snyder, after a New York judge found that none of the determinations a jury would have to make require specialized knowledge.

  • August 7, 2018

    W.Va. Panel Votes to Impeach All State High Court Justices

    Members of a West Virginia legislative committee voted Tuesday to impeach all four sitting state Supreme Court justices for “unnecessary and lavish” spending of taxpayer money on high-priced office upgrades and other alleged violations of their oaths of office.

  • August 7, 2018

    ABA Opposes Forced Arbitration Of Sex Harassment Claims

    American Bar Association delegates on Tuesday approved a resolution calling on law firms and other legal employers to eschew requirements that people with claims of sexual harassment go to arbitration.

  • August 7, 2018

    Silver Again Seeks Bail During Appeal Of 2nd Conviction

    Former New York State Assembly Speaker Sheldon Silver on Monday again sought a reprieve from prison while he appeals his second conviction on corruption charges, claiming the trial court wrongly told jurors that no quid pro quo deal needed to be proven to find the formerly powerful Empire State politician guilty of bribery.

Expert Analysis

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Merck Patent Case Supports Use Of 'Unclean Hands' Defense

    Francis C. Lynch

    The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck from enforcing two patents against Gilead. An analysis of this decision and others demonstrates that the unclean hands defense should be considered in a variety of cases, says Francis C. Lynch, a retired senior partner at Goodwin Procter LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.