Legal Ethics

  • April 17, 2024

    'Fat Leonard' Prosecutors Say 5 More Plea Deals Tainted

    Federal prosecutors in San Diego have agreed to let several former U.S. Navy officers withdraw their felony pleas in the "Fat Leonard" bribery scandal, citing "serious" lapses that wiped out other convictions in the high-profile case.

  • April 17, 2024

    Ga. Justices To Examine 'Actual Malice' In Atty's Libel Case

    The Supreme Court of Georgia has agreed to take up a contentious defamation case, pitting an orthopedic surgeon against a defense attorney known for criticizing "litigation networks" of plaintiffs attorneys and doctors, that could determine how difficult it is to sue attorneys accused of bad-mouthing third parties to other attorneys.

  • April 17, 2024

    Financial Planner Gets Prison For Tax Shelter Fraud Scheme

    A Cleveland financial planner who colluded with a Florida attorney to promote an illegal tax scheme using fake charitable donations to score deductions for his company's high-income clients was sentenced Tuesday to 20 months in prison for his part in the fraud.

  • April 16, 2024

    Ex-Calif. Bar Exec Denies Expensing Trip As Ethics Trial Starts

    Former California State Bar executive Joseph Dunn took the stand Tuesday on the first day of his disciplinary trial over claims he lied about bar funds used for a trip to Mongolia in 2014, maintaining he never sought reimbursement for expenses incurred in Mongolia other than his phones' roaming charges. 

  • April 16, 2024

    Nothing 'Sinister' About Attys, Broker's Tax Plan, NC Jury Told

    Two St. Louis attorneys and a North Carolina insurance agent on Tuesday tried to poke holes in an undercover IRS agent's investigation of what the government has characterized as a criminal tax avoidance scheme, which defense counsel sought to paint for the jury as a legal interpretation of federal tax law.

  • April 16, 2024

    Winston & Strawn Settles Brief-Plagiarizing Allegations

    A Tuesday filing indicated that Winston & Strawn LLP has managed to settle copyright infringement allegations coming from a boutique intellectual property firm that went to a federal court in Manhattan to accuse the BigLaw firm of copying a motion-to-dismiss filing "nearly verbatim."

  • April 16, 2024

    Appeals Court Won't Block 3M 'Fishing Expedition' Deposition

    A state appeals court on Tuesday declined to halt a presuit deposition requested by 3M Co. against a Texas attorney to investigate claims that the lawyer was aware of false statements his co-counsel made in a coal-related lung disease suit out of Kentucky.

  • April 16, 2024

    NJ Hospital GC Emails Doom $24M Verdict For Surgeons

    The New Jersey Supreme Court on Tuesday vacated a $24.3 million award to a group of neurosurgeons on their claim that a hospital didn't operate in good faith, finding the trial court's admission of emails from the hospital's general counsel and remarks made during closing arguments deprived the hospital of a fair trial.

  • April 16, 2024

    Ousted Fla. Atty To Seek Reelection Amid DeSantis Fight

    Suspended Florida state attorney Andrew Warren announced Tuesday he's running for reelection as the top prosecutor in Hillsborough County, while he pursues an ongoing federal lawsuit against Gov. Ron DeSantis over his suspension.

  • April 16, 2024

    Feds Want To Boot Gibbons Atty From Menendez Bribery Case

    Prosecutors plan to call a Gibbons PC attorney as a witness during the bribery trial of U.S. Sen. Robert Menendez of New Jersey and want him disqualified from representing another defendant in the case, they told a New York federal judge Tuesday.

  • April 16, 2024

    Meet The Atty For An Ex-Union Leader Facing His 3rd Trial

    The only thing standing between ex-Philly union leader John Dougherty and a third conviction is attorney Greg Pagano, and he feels confident going into the next trial that things will be different. 

  • April 16, 2024

    Atty Fights $268K Sanction Over Fake Newspaper Filing

    A Seattle attorney ordered to pay $268,000 after being accused of filing a fake newspaper called the "The Saudi Sun" as a court exhibit wants the Ninth Circuit to overturn the sanction, arguing that it resulted from judicial misconduct and corruption.

  • April 16, 2024

    Ga. Justices Nix Backdated Discipline For Atty In Forgery Case

    The Georgia Supreme Court on Tuesday unanimously denied an attorney's request for a retroactive suspension for forging a court order for his client, ruling that it would be "inappropriate" if he resumed practicing law while in the process of a pretrial diversion program to have his felony forgery case dismissed.

  • April 16, 2024

    Retrial For Feds' Conduct Denied In $12M Tax Fraud Case

    An Atlanta man convicted of running a $12 million tax refund fraud scheme isn't entitled to a new trial even though federal prosecutors withheld evidence that the man said minimized his role in the crime, a federal judge ruled.

  • April 16, 2024

    BigLaw Attys Among First 7 Jurors Picked In Trump's NY Trial

    Two BigLaw attorneys on Tuesday were among seven people sworn in as jurors in Donald Trump's Manhattan hush money trial, which could proceed to opening statements as soon as Monday.

  • April 16, 2024

    Illinois Panel OKs Liability Ruling Against Discovery-Faking Firm

    An Illinois trial court was right to slap an attorney with a default judgment in a professional negligence suit brought by a former client after the attorney and his firm repeatedly "fabricated their expert witness disclosures 'from whole cloth,'" an appellate panel has ruled.

  • April 16, 2024

    Focus On Prosecutor Will Set Ga. Trump Jury Questions Apart

    The jury questionnaire currently before hundreds of Manhattan residents in Donald Trump's first criminal trial will serve as a partial blueprint for his upcoming election interference case in Georgia, experts told Law360, with at least one significant difference: a sharp focus on the Fulton County case's high-profile, controversial prosecutor.

  • April 15, 2024

    Justices Face Off Over Shadow Docket Procedures

    The U.S. Supreme Court's internal disagreements over how to manage its emergency docket were on full display Monday in its decision allowing Idaho to enforce a ban on gender-affirming care for minors — a case the court's liberals said wasn't worthy of their intervention, but its conservatives touted as a win in the fight against universal injunctions.

  • April 15, 2024

    Tax Attys, Broker Peddled 'Financial Fantasy,' NC Jury Told

    A North Carolina federal jury on Monday heard a series of secret recordings at the start of a tax fraud trial in which an insurance agent and a St. Louis attorney unwittingly pitched an undercover IRS agent on a way to decrease taxable income — or what the government characterized as a "financial fantasy."

  • April 15, 2024

    Trump Tells Justices Impeachment Required For Prosecution

    Former President Donald Trump told the U.S. Supreme Court on Monday that the "inevitably and unavoidably" political nature of prosecuting a former president requires input from Congress, arguing the U.S. Constitution's framers carefully wrote the impeachment clause to act as an initial hurdle for criminal prosecutions.

  • April 15, 2024

    Giuliani Can't Dodge $148M Defamation Verdict, Judge Says

    A D.C. federal judge on Monday refused to disturb a jury verdict directing Rudy Giuliani to pay $148 million to two Georgia election workers whom he falsely accused of committing ballot fraud in the 2020 presidential election, saying the former New York City mayor and Trump ally hasn't offered any reason to modify the jurors' decision or hold a new trial.

  • April 15, 2024

    Dueling Bills Highlight Partisan Divide Over 'Judge Shopping'

    Dueling proposals to limit so-called judge shopping were unveiled by Senate party leaders last week, sparking optimism that Congress will rein in plaintiffs' ability to bring cases before judges they think will be friendly to their views, while others raised questions about the proposals' feasibility.

  • April 15, 2024

    L'Occitane Privacy Suit Against Zimmerman Reed Trimmed

    A Los Angeles federal court is weighing ending a suit by L'Occitane against Zimmerman Reed LLP and thousands of clients who complained that the company's website tracking tools violated their online privacy, after denying a bid by defendants to compel arbitration and tossing a claim that Zimmerman Reed violated the Computer Fraud and Abuse Act.

  • April 15, 2024

    Ohio IP Firm Beats Appeal In $42K Billing Fight

    An Ohio state appeals court has left intact a nearly $42,000 judgment Amin Turocy & Watson LLP won in a billing dispute with a client, reasoning that the materials Just Funky provided to fight the firm's summary judgment bid lacked the necessary detail.

  • April 15, 2024

    DC Judge Blocks Texas AG's Media Matters Investigation

    A D.C. federal judge issued a preliminary injunction blocking Texas Attorney General Ken Paxton from investigating Media Matters over its reporting on the X social media platform, ruling that the probe deterred the progressive media watchdog's "core First Amendment activities."

Expert Analysis

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

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