Legal Ethics

  • October 1, 2014

    Shopping App Can't DQ Plaintiff Attys Or Escape TCPA Suit

    A California federal judge on Wednesday refused to dismiss a putative class action and disqualify the plaintiffs’ counsel firm Newman Du Wors LLP in a Telephone Consumer Protection Act suit alleging shopping app Shopkick Inc. improperly sent users’ contacts promotional texts about the app, finding it is too early in the litigation to disqualify class counsel.

  • October 1, 2014

    Texas Homeowners Ask Court To Rethink Claims Against Atty

    A group of Galveston, Texas, homeowners — including well-known attorney Carol Severance, who was heavily involved with the area after Hurricane Ike — asked a state appeals court Tuesday to reconsider its July dismissal of their suit against a Galveston lawyer for allegedly interfering with their property sale.

  • October 1, 2014

    Court Asked To Sanction 'Kids For Cash' Atty Over Loan Docs

    The plaintiffs in a suit against a Powell Law Group attorney caught up in the Luzerne County, Pennsylvania, “kids for cash” scandal asked a federal court Tuesday to sanction the defendants for failing to produce evidence concerning money borrowed against $200 million in fees due to PLG that the plaintiffs are looking to secure.

  • October 1, 2014

    Objectors To HP Inkjet Settlement Lose Bid To DQ Cotchett

    A California federal judge refused Tuesday to disqualify class counsel Cotchett Pitre & McCarthy LLP or decertify the class in a suit accusing Hewlett-Packard Co. of deceptively marketing printer ink, rejecting settlement objectors' claims that HP failed to disclose a conflict of interest with Cotchett.

  • October 1, 2014

    Brooklyn Judge Quitting Bench Over Campaign Ties To Ex-DA

    Brooklyn trial judge Barry Kamins has agreed to vacate his judicial office and not to accept any future judgeship after an investigation found he had actively participated in the failed 2013 re-election campaign of former Brooklyn District Attorney Charles J. Hynes, state authorities said Wednesday.

  • September 30, 2014

    NY Judge Says Ad Studies' Timing, Not Content, Important

    New York federal Judge Naomi Reice Buchwald told attorneys Tuesday she would not automatically view an unwillingness to disclose product testing or consumer surveys in false advertising litigation negatively, noting that she is more interested in when the testing was conducted, rather than what the results say.

  • September 30, 2014

    Nixon Peabody Can't Beat Jailed Ex-Partner's Defense Suit

    A California state appeals court on Tuesday declined to toss claims brought by an imprisoned former Nixon Peabody LLP partner contending the firm should have paid for his legal defense of federal charges that he tried to cover up a client's Ponzi scheme, ruling the firm's refusal wasn't constitutionally protected activity.

  • September 30, 2014

    Icahn Unlikely To Win Bid To Stay Part Of Wachtell Suit

    A New York judge on Tuesday cast doubt on a bid by CVR Energy Inc. and owner Carl Icahn to quash or stay a retaliatory claim brought by Wachtell Lipton Rosen & Katz while a federal malpractice suit related to Icahn’s $2.6 billion takeover bid for the refiner plays out.

  • September 30, 2014

    Wood Herron Attys Sanctioned For 'Reckless' IP Case Conduct

    A federal judge on Monday sanctioned two Wood Herron & Evans LLP attorneys for making misleading statements that the judge called "beyond reckless" while defending radar detector maker Escort Inc. in a patent suit.

  • September 30, 2014

    Fross Zelnick Dodges Buck Rogers Malpractice Claims

    A New York state appeals court on Tuesday ruled that a family trust failed to show a cause for claiming Fross Zelnick Lehrman & Zissu PC committed malpractice when the firm did not resolve a dispute over the trust’s ownership of the rights to comic-strip character Buck Rogers.

  • September 30, 2014

    Alleged Facebook Scammer Fights Requests For Atty Docs

    A man charged with filing a sham lawsuit against Facebook Inc. urged a New York federal judge on Monday not to require him to hand over attorney communications from DLA Piper LLP and Kasowitz Benson Torres & Friedman LLP, saying that doing so would “eviscerate” attorney-client privilege.

  • September 30, 2014

    Pa. Judge Can Stay On Bench During Ethics Case

    The Pennsylvania Court of Judicial Discipline has agreed to allow an Erie County judge to remain on the bench while it addresses an ethics board’s charges that she had belittled parties appearing in her courtroom and misled investigators looking into accusations against her.

  • September 30, 2014

    Texas Court Affirms Ethics Sanction In O'Quinn Fee Dispute

    A Texas appeals court on Tuesday affirmed a sanctions order that included mandatory ethics education issued against a group of attorneys found to have improperly removed to federal court a long-running dispute with the former O’Quinn Law Firm about attorneys’ fees.

  • September 30, 2014

    BakerHostetler Partner Ignored Tax Fraud Conflict, Client Says

    A prominent BakerHostetler partner should be disqualified from representing clients who allegedly used a $230 million Russian tax refund scheme to purchase New York property because the partner once represented a hedge fund targeted by the scheme, a fund manager told a federal court Tuesday.

  • September 30, 2014

    Prosecutors Ask Pa. High Court To Stay Ex-Justice's Sentence

    Allegheny County prosecutors on Tuesday asked the Pennsylvania Supreme Court to deny a request by former Justice Joan Orie Melvin to stay a portion of her public corruption sentence requiring her to write apology letters to state judges pending a possible appeal, and instead stay the sentence in its entirety.

  • September 29, 2014

    Disbarred Texas Atty's Former Firm Drops Theft Claims

    A disbarred Texas attorney has escaped a lawsuit his former firm was pursuing against him for allegedly diverting revenue from the firm's coffers after it was sold to another lawyer at a bankruptcy auction.

  • September 29, 2014

    Firm Slams ‘Shameful’ Honeywell DQ Bid In $42M Enviro Fight

    Attorneys for an Arizona political subdivision suing Honeywell International Inc. and others in federal court for a $42 million groundwater cleanup called the defendants’ latest bid to disqualify their firm Gallagher & Kennedy PA “shameful gamesmanship" in a filing Monday.

  • September 29, 2014

    KPMG Loses Sanctions Bid In $400M Sex Bias Suit

    A New York federal judge has denied KPMG LLP's bid to penalize female employees accusing the firm in a $400 million Equal Pay Act collective action of underpaying them for allegedly wasting the court's time with baseless discovery filings, saying the withdrawal of a document review request did not warrant sanctions.

  • September 29, 2014

    9th Circ. Urged To Deny 'Absurd' Delay In Calif. Bar Rules Row

    Federal attorneys urged the Ninth Circuit on Friday to proceed with two suits challenging on federal grounds the lawfulness of California state bar rules denying bar admission to attorneys from states lacking reciprocity agreements, arguing that a delay would be "absurd."

  • September 29, 2014

    Shuttered Miami Firm Escapes Negligence Suit For Now

    A Florida state judge on Friday tossed a lawsuit claiming negligence by shuttered Miami law firm Tew Cardenas LLP for its handling of litigation to enforce $80 million in notes, saying plaintiff FBK Associates must refile its allegations more specifically to proceed.