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Legal Ethics

  • January 9, 2019

    Plaintiffs Attys Rip 'Dishonest' Ethics Complaint In Opioid MDL

    Top plaintiffs attorneys in multidistrict litigation over the opioid crisis are savaging an ethics complaint lodged by drug companies, accusing them of meritless and “dishonest” objections to televised criticism of painkiller sellers.

  • January 9, 2019

    Uber Wins DQ Of Opposing Attys In Unfair Competition Case

    A California federal judge agreed with Uber Technologies Inc. on Wednesday that a conflict of interest involving its opponents' attorneys at Keller Lenkner LLC is grounds to boot them from a case claiming the ride-hailing company misclassifies its drivers as independent contractors to gain a competitive edge.

  • January 9, 2019

    CFPB Defends Constitutionality In 9th Circ. Oral Args

    The Consumer Financial Protection Bureau defended the constitutionality of its single-director, independent structure before a Ninth Circuit panel on Tuesday in an appeal brought by a California law firm that wants to be freed from an agency administrative subpoena.

  • January 9, 2019

    Developer Guilty Of Bank Fraud Wants 'Hostile' Judge DQ'ed

    A Chicago real estate developer who pled guilty to a $22.9 million bank fraud scheme is seeking to kick the presiding judge off the case ahead of sentencing, arguing in a Tuesday motion that the judge has acted "openly hostile" toward his lawyer.

  • January 9, 2019

    ANR Ch. 11 Case Reopened For McKinsey Conflicts Probe

    A Virginia bankruptcy judge said Wednesday he will reopen the completed Chapter 11 case of Alpha Natural Resources to permit a probe into McKinsey & Co. and allegations that the consulting giant held self-enriching conflicts of interest as a bankruptcy adviser to the coal producer.

  • January 9, 2019

    Labaton's Fee Deal With Atty Was A One-Off, Ex-Judge Says

    A retired judge hired by Labaton Sucharow LLP to look into the $4 million the firm paid lawyer Damon Chargois in "referral fees" in cases where he did no work concluded in a report filed Tuesday that the deal was "unique and aberrational," a finding Labaton praised.

  • January 9, 2019

    Biometrics Co. Dodges Claims It Bribed Foreign Execs

    A Texas federal judge has found the creditors’ trustee for bankrupt CryptoMetrics Inc. can’t recover money the biometrics company allegedly paid another security technology firm’s executives to bribe foreign officials, saying the bribes were intended to benefit CryptoMetrics.

  • January 9, 2019

    RI Law May Force Atty To Face Malpractice Suit, Judges Say

    The application of Rhode Island law may defeat a Texas attorney's attempts to force into arbitration a dispute with a couple accusing him of botching their medical malpractice case, a First Circuit panel suggested during oral arguments Wednesday.

  • January 8, 2019

    3 Atty Lien Disputes In NFL Concussion Case Resolved

    The Pennsylvania federal court overseeing the landmark NFL concussion settlement provided the first in-depth look at how it's handling dozens of contentious attorney lien disputes on Monday, in a lengthy ruling that laid down general guidelines while resolving three separate disputes.

  • January 8, 2019

    Uber Looks To Kick Quinn Out Of Ex-Rival's Antitrust Suit

    A defunct ride-hailing startup that recently accused Uber of driving it out of business shouldn’t have lawyers from Quinn Emanuel Urquhart & Sullivan LLP on its legal team because the firm has counseled Uber in a string of related cases, Uber told a California federal court Monday.

  • January 8, 2019

    Fla. Strip Club Seeks Sanctions For 'Cookie-Cutter' FLSA Suit

    A Florida strip club asked a federal court Tuesday to sanction an exotic dancer and her lawyers for pursuing what it called a “cookie-cutter” Fair Labor Standards Act lawsuit that it says is nearly identical to wage suits filed against other clubs and lacks key details.

  • January 8, 2019

    Judge Recuses Self Over Son's Job At BakerHostetler

    A Pennsylvania federal judge has recused himself out of an "abundance of caution" from an environmental contamination dispute after disclosing that his son received a job offer from BakerHostetler, which represents the steel business in the case.

  • January 8, 2019

    Convicted Judge Should Face Sanctions, Ill. Regulator Says

    The Illinois Supreme Court should discipline a former state court judge who was convicted and sentenced to prison for running a mortgage fraud scheme involving two Chicago investment properties, according to the state’s attorney regulatory commission.

  • January 8, 2019

    Gov't Can't Claim $1B Loss At Platinum Criminal Trial

    Prosecutors will not be allowed to introduce evidence of an alleged $1 billion in investor losses at next month's criminal trial for four former Platinum Partners executives accused of defrauding the hedge fund's investors, a New York federal judge ruled Tuesday.

  • January 8, 2019

    11th Circ. Urged To Revive Ex-Air Force Officer's Guilty Plea

    The federal government urged the Eleventh Circuit on Monday to reverse a Florida court order that vacated part of a former U.S. Air Force officer’s guilty plea over an alleged $5.4 million bribery scheme involving government contracts, saying the officer was not misadvised by counsel over the plea's impact on his benefits.

  • January 8, 2019

    Senate Dems Seek Closer Look At Court Misconduct Report

    Democrats on the Senate Judiciary Committee have called out the perceived shortcomings of a federal report on how the judiciary could improve the reporting and investigation of sexual misconduct in the courts, citing concerns that the report authors failed to thoroughly review the prevalence of harassment.

  • January 8, 2019

    Platinum Liquidators Can't DQ Curtis From Fraud Suit

    Curtis Mallet-Prevost Colt & Mosle LLP won't be disqualified — at least not yet — from defending a former Platinum Partners founder against a suit brought by the hedge fund's liquidators over an alleged $1 billion fraud, despite having represented the fund in the past, U.S. District Judge Jed S. Rakoff said Monday.

  • January 8, 2019

    High Court Grants Win To Social Security Atty In Fee Row

    The U.S. Supreme Court ruled 9-0 on Tuesday that the Social Security Act allows disability benefit recipients’ attorneys to receive entirely separate fee awards for their work before the Social Security Administration and their work in court. 

  • January 8, 2019

    Russian Lawyer Linked To Trump Charged With Obstruction

    Russian attorney Natalia Veselnitskaya, who represented Prevezon Holdings Ltd. in a high-profile Manhattan asset forfeiture fight and who later was linked to the campaign of President Donald Trump, was accused by federal prosecutors Tuesday of obstructing a tax fraud investigation into the real estate concern.

  • January 7, 2019

    Law Firm Looks To Defeat Insurer's Suit Alleging Bad Advice

    Goodman McGuffey LLP urged a Colorado federal judge Monday to dismiss Clarendon National Insurance Co.’s suit accusing the law firm of giving bad advice about policies issued to construction companies, arguing the insurer’s allegations are vague and don’t support legal malpractice claims.

Expert Analysis

  • 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.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.