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Legal Ethics

  • August 3, 2018

    Chase's Bias Win Axed Over Arbitrator's Disclosure Failure

    A California state appeals court has wiped out JPMorgan Chase's arbitration win in a worker's race bias suit, saying the arbitrator violated ethics rules by failing to mention her work in several other cases involving the company's law firm, Seyfarth Shaw LLP.

  • August 3, 2018

    Ex-Shkreli Atty Claims Companies Can't Be Victims

    Prosecutors seeking to make a lawyer convicted of aiding Martin Shkreli's securities fraud pay more than $10.4 million in restitution to one of Shkreli's former companies urged a judge Friday to reject the attorney's argument that companies aren't victims under a restitution law.

  • August 3, 2018

    #MeToo May Help Propel Family Leave Reforms For Trial Attys

    Advocates for court rules that would pause trials for lawyers expecting children hope the #MeToo movement and a new focus on gender inequalities in the legal industry will help build momentum for passage of the measures around the country.

  • August 3, 2018

    UK Litigation Roundup: Here's What You Missed In London

    The last week has seen a Russian businessman's telecom company forge ahead with a commercial fraud claim against Russia's VTB bank, ED&F Man Capital Markets sue a rival brokerage and U.K. insurer RSA initiate the court process to transfer policies to its new Luxembourg unit. Here, Law360 looks at those and other new claims in the U.K.

  • August 3, 2018

    Texas Atty Can't Send Malpractice Suit To Arbitration

    A federal judge in Rhode Island has rejected a Texas attorney’s attempt to force into arbitration a lawsuit filed by a couple alleging he mishandled their medical malpractice case, agreeing with a federal magistrate’s recommendation that an attorney representation agreement signed by the couple was not binding.

  • August 3, 2018

    Stormy Daniels' Suit Against Ex-Atty Sent Back To State Court

    A California federal judge sided with adult film star Stormy Daniels in her bid to remand to state court a suit in which she claims her former attorney was a “puppet” of President Donald Trump and Trump’s former attorney Michael Cohen, finding Thursday that the case’s removal involved “clear gamesmanship.”

  • August 3, 2018

    Appellate Giants Lament Politics In High Court Confirmations

    Partisanship has permeated the process for choosing U.S. Supreme Court justices, a “tragic devolution,” according to former Solicitor General Donald Verrilli, who spoke Friday at the American Bar Association Annual meeting in Chicago alongside fellow appellate law giants.

  • August 3, 2018

    Quinn Can't Bind Ex-Partners With Bogus Clause: Selendy

    A team of 10 former Quinn Emanuel Urquhart & Sullivan LLP partners said late Thursday that the firm’s effort to compel the remittance of legal fees earned at their new venture, Selendy & Gay PLLC, should be rejected, calling the partnership agreement clause the global litigation powerhouse wants to enforce through arbitration as being invalid on its face. 

  • August 2, 2018

    7th Circ. Awards Fees To Objector In Southwest Voucher Deal

    The Seventh Circuit ordered a district court judge on Thursday to award fees to an objector in a class action against Southwest Airlines over canceled drink vouchers, saying the fees are warranted because the objector improved the class’ recovery.

  • August 2, 2018

    Complaint Deemed Too Late In Proskauer Tax Shelter Case

    A Florida state appellate court said Wednesday that a couple and their businesses waited too long to claim that Proskauer Rose LLP fraudulently gave the all-clear on a tax strategy that the Internal Revenue Service later identified as an abusive tax shelter.

  • August 2, 2018

    Injury Firm Owes $86K Fees In Paralegal's Late Wages Row

    A California appeals court has affirmed an award of $86,000 in attorneys' fees for a paralegal who quit a personal injury firm and claimed she wasn't timely paid her remaining wages, saying a state labor statute clearly authorizes fees awards in such cases.

  • August 2, 2018

    Labaton Bid To DQ Judge In $75M Fee Fight A Risky Move

    Labaton Sucharow LLP's failed attempt to have the First Circuit remove the judge presiding over a messy $75 million fee fight in State Street's fraud case highlights the dangers of a rare and risky play with a high chance of backfiring and further frustrating a judge the firm already believes to be biased, experts say.

  • August 2, 2018

    Financial Firms Accused Of Flouting Court Order In NFL Suit

    Class counsel for ex-NFL players in the massive concussion settlement on Monday turned up the heat on an investment manager accused of misusing $3 million in class members’ savings, telling a Pennsylvania federal court that the company has refused to turn over its books and is embroiled in several legal actions.

  • August 2, 2018

    Law Needs A Culture Shift To Fight Sexual Harassment

    Preventing sexual harassment in the legal profession goes beyond identifying and punishing individual instances of misconduct and requires a culture overhaul, according to speakers on a panel at the American Bar Association's annual meeting Thursday in Chicago.

  • August 2, 2018

    ABA Loses Bid to Centralize For-Profit Law Schools' Suits

    The U.S. Judicial Panel on Multidistrict Litigation has denied a request by the American Bar Association to centralize a group of cases filed by three for-profit law schools that did not receive ABA accreditation because of a process they allege is inconsistent and unfair.

  • August 2, 2018

    Sidley Austin Must Give Investor More Info On Privilege Log

    A Florida federal judge declined on Wednesday to force Sidley Austin LLP to turn over allegedly privileged documents to a Linkwell Corp. investor suing over two mergers, but ordered the law firm to produce a more detailed privilege log so the court can determine whether the communications listed are subject to discovery.

  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Silverstein, Wilshire Get $3.5M In Raided-Trust Settlement

    A Pennsylvania federal judge has awarded more than $3.5 million in attorneys' fees and expenses to Silverstein Firm LLC and Wilshire Palisades Law Group PC as part of a $10 million settlement between the former Farmers & Merchants Trust Co. of Chambersburg and workers who had millions diverted from their retirement funds by a rogue plan administrator and attorney.

  • August 2, 2018

    Shari Redstone Can't DQ Counsel For Dad's Ex In Spy Suit

    A California appeals court has refused to block Bird Marella from representing former Viacom Executive Chairman Sumner Redstone's ex-girlfriend in her invasion of privacy suit against his daughter Shari Redstone and grandson, despite the firm’s one-time representation of his in-home nurses, whom the pair allegedly recruited to spy on her.

  • August 2, 2018

    Fla. Bar, Traffic Ticket Law Firm Seek End To Antitrust Suit

    The Florida Bar and a traffic ticket law firm asked a federal court to end ticket services startup TIKD's multimillion-dollar antitrust suit against them Wednesday, saying they acted separately and properly in seeking review of the legality of TIKD's practices.

Expert Analysis

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.