Legal Ethics

  • May 14, 2018

    Justices Grant New Trial After Atty Conceded Client's Guilt

    A Louisiana man convicted of murdering three family members has won a new trial from the U.S. Supreme Court on Monday, after the court held that his own lawyer's admission of his guilt violated his rights.

  • May 14, 2018

    The Problem With Becoming A Parent In BigLaw

    A recent lawsuit against Morrison & Foerster alleging discrimination against women who have children illuminates a question looming over the legal industry: Are law firms truly welcoming to mothers, or are their parental leave policies merely lip service?

  • May 11, 2018

    Malpractice Claims Against Astor Weiss Partner To Stay Dead

    A Pennsylvania appellate court declined Friday to revive a malpractice suit against an Astor Weiss Kaplan & Mandel LLP partner by a telecom that claims the attorney lied about the reason the company's claims in an $18 million contract dispute were dismissed, allegedly to cover up his own negligence.

  • May 11, 2018

    Class Counsel In Dow Pollution Suit Want Attys Sanctioned

    Lead class counsel representing residents who inked a $375 million settlement with Dow Chemical Co. and another company in a nuclear pollution lawsuit urged the Tenth Circuit to sanction three individual attorneys who claim they were denied a share of $150 million in fees for their work, calling their appeal frivolous.

  • May 11, 2018

    Atty Asks Texas Justices To Ax Sanction For Jury 'Push Poll'

    A Texas lawyer sanctioned for commissioning what a trial judge found was a highly prejudicial “push poll” phone survey intended to sway potential jurors has told the Texas Supreme Court the ruling exposes litigators to sanctions for typical pretrial practices like mock trials.

  • May 11, 2018

    Feds Slam Mobster's Request For Atty Investigation Info

    The information Lucchese crime family mobster Salvatore Pelullo is seeking about the prosecution of the money-laundering allegations against his former defense attorney and his own racketeering conviction isn’t going to help his bid for a new trial because it's irrelevant to his case, the federal government told Pelullo’s current counsel Friday.

  • May 11, 2018

    Paint Org Urges Atty Sanctions In 'Doomed' Antitrust Suit

    A nonprofit paint industry organization that works to recycle unused paint has moved for sanctions in California federal court against the counsel for a defunct Bay Area paint recycler suing over an alleged antitrust conspiracy, saying the attorneys pursued state claims long after they should have known the case was “doomed.”

  • May 11, 2018

    Pa. Court Axes Duane Morris Malpractice Suit Rehearing Bid

    A Pennsylvania appeals court has said it won’t hear reargument after agreeing that an attorney did not have standing to pursue claims against Duane Morris LLP for allegedly botching its work on a case over a failed deal to acquire an undersea fiber-optic network.

  • May 11, 2018

    Texas Law Firm's Privacy Invasion Win Against Atty Reversed

    A Texas appellate court has held that state law doesn't recognize that corporations have a right to privacy, and reversed a jury's verdict in favor of a Houston law firm that argued an attorney invaded its privacy by using the firm name without permission.

  • May 11, 2018

    Cohen Knew Of Schneiderman Abuse Claims In '13, Atty Says

    A New York lawyer who counseled two women who say they were abused by former New York Attorney General Eric Schneiderman told Law360 on Friday that President Donald Trump's former attorney Michael Cohen knew about the matter as early as 2013 and assured him that year that Trump would "revisit the matter" if Trump were to become governor.

  • May 11, 2018

    Ex-NY Assembly Speaker Convicted After 2nd Graft Trial

    Former New York State Assembly Speaker Sheldon Silver was convicted Friday for the second time for reaping what prosecutors say was a quid pro quo in which Silver accepted millions of dollars in illicit referral fees from developers and an asbestos disease doctor and took official action on their behalf.

  • May 11, 2018

    Boston Firm Dumping, Suing Ex-Client ‘Feels Wrong’: Judge

    A Massachusetts federal judge on Friday said she was "troubled" by Boston intellectual property law firm Sunstein Kann Murphy & Timbers LLP dropping a longtime software client so it could represent its rival in a patent suit.

  • May 11, 2018

    Ex-BigLaw Atty Who Shot Wife Couldn't Escape Paper Trail

    Fulton County, Georgia, prosecutors trying to prove that a former Fisher Phillips LLP partner’s shooting of his wife was no accident flooded the jury with painstaking detail from both eyewitnesses and the wealthy couple’s paper trail to establish that he had a financial motive to kill his wife, securing a murder conviction.

  • May 10, 2018

    Law360's The Week in Discipline

    A Michigan lawyer suspended over a fight with a police officer and a Florida attorney who traded legal work for a share of a client's sports car lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • May 10, 2018

    Atty Traded Drugs For Sex At Men’s Sober Home: Mass. AG

    A Reading, Massachusetts, attorney who owns a sober home for men fighting substance abuse has been accused in state court of trading legal work, drugs and money for sex, Massachusetts' attorney general said Thursday.

  • May 10, 2018

    For-Profit Law School Sues ABA Over Enforcement Action

    Florida Coastal School of Law filed suit Thursday against the American Bar Association, which recently determined the school had failed to meet ABA standards, saying the association’s enforcement actions have been inconsistent, its standards are vague and that the action against Florida Coastal was an “attack on diversity.”

  • May 10, 2018

    SEC Says Calif. Atty Was Unregistered In EB-5 Dealings

    The U.S. Securities and Exchange Commission said Thursday that a California attorney specializing in immigration facilitated investments in the EB-5 program for foreigners seeking U.S. visas without registering as a broker, ordering him to pay back the unlawful commissions he received.

  • May 10, 2018

    Attys Who Sued Hastert In FCA Row Spared Sanctions

    Attorneys representing a would-be whistleblower in a False Claims Act suit against former U.S. House Speaker Dennis Hastert will not be sanctioned for filing the suit after settling the dispute with Hastert, an Illinois federal judge ruled Wednesday.

  • May 10, 2018

    Md. Atty Again Disciplined For Hiding Previous Suspension

    A Maryland appeals court on Thursday upheld an attorney’s indefinite suspension for failing to inform a client he was suspended because of a separate matter and for his continued work on the client’s personal injury case thereafter, despite his claim he was only assisting his client in finishing the job.

  • May 10, 2018

    Cohen Says Avenatti's Report Should Block Him From Court

    Lawyers for Michael Cohen urged a Manhattan federal judge Wednesday to reject Michael Avenatti’s bid to appear in the case that began after last month’s government raid on Cohen’s office, arguing the attorney representing adult film actress Stormy Daniels tried to bash the attorney who’s represented President Donald Trump by publishing Cohen’s bank records.

Expert Analysis

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Choice-Of-Law Takeaways From Dole Insurance Dispute

    Kevin LaCroix

    The insurance coverage litigation arising from the settlement of the shareholder claims filed in connection with Dole Food’s 2013 going-private transaction continues to grind on, and the latest ruling could be helpful for companies seeking to argue that Delaware law should govern the interpretation of their insurance policies, says Kevin LaCroix of RT ProExec.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • No Bright-Line Rule For 'Telework' As ADA Accommodation

    Alexis Ronickher

    As technology has evolved to make telecommuting possible in more types of jobs, so too has the answer to the question of whether it's a reasonable accommodation under the Americans with Disabilities Act. However, as demonstrated by two recent Sixth Circuit decisions, at least one pattern can be discerned in these types of cases, say Alexis Ronickher and Mehreen Rasheed of Katz Marshall & Banks LLP.

  • 10 Tips For Working With IT To Preserve Data

    John Tredennick

    Increasingly, when courts impose a “legal hold” they require legal supervision of the preservation process, meaning lawyers must rely heavily on information technology professionals to execute the mechanics. John Tredennick of Catalyst Repository Systems and Alon Israely of TotalDiscovery offer insights on how legal and IT can work together to make the process more efficient and fulfill the company’s legal obligations.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Opinion

    From Cowboy Boots To Wingtips: Prosecutions Gone Awry

    John Banks Brooks

    What do a cattle rancher, an attorney, a financier and a professional sports bettor have in common? All have been subject to recent abuses of power by prosecutors and law enforcement officials. Violating defendants’ rights with shady tactics and leaks undermines our justice system, says communications consultant John Banks Brooks.