Legal Ethics

  • February 12, 2018

    Cadwalader Row Looks Trial-Bound: Redskins Owner's Atty

    A Manhattan judge's refusal to toss Washington Redskins owner Dan Snyder's malpractice suit targeting Cadwalader Wickersham & Taft LLP over a $10 million fee he was forced to pay UBS for a long-ago Six Flags proxy fight means the dispute is probably going to trial, Snyder's counsel said Monday.

  • February 12, 2018

    9th Circ. OKs Sanctions For First Solar Wrongful Death Suit

    A California federal judge correctly found that a workers' compensation deal preempted a suit against First Solar Inc. over an employee killed while inspecting its power plant, and his estate's attorneys were properly sanctioned for making arguments they should have known were frivolous, the Ninth Circuit ruled Monday.

  • February 12, 2018

    Atty Seeking New Abusive Suit Trial Alleges Expert Perjury

    An attorney facing part of a $2.3 million verdict for filing an abusive lawsuit against an ex-Cozen O'Connor party argued on Friday that purported lies told by a prominent Philadelphia litigator while serving as an expert witness warranted a new trial in the case.

  • February 12, 2018

    Firm Can't Force Privacy Suit Into Arbitration, Court Rules

    A debt collection law firm cannot force a consumer to arbitrate her claims it disclosed the credit scores of Discover Bank customers, a Wisconsin federal judge ruled Monday, because the firm was not a party to the arbitration agreement it sought to enforce.

  • February 12, 2018

    Gerrymandering Case Casts Political Cloud Over Pa. Justices

    The recent landmark decision throwing out Pennsylvania’s congressional map over claims of Republican gerrymandering has left the five Democrats on the state’s Supreme Court facing accusations of partisan bias and given reform advocates new ammunition in their fight to end the system of statewide judicial elections.

  • February 12, 2018

    Fla. Judge Arrested In Prostitution Sting

    A Lee County, Florida, circuit judge has been released on bond following his arrest Friday for soliciting an undercover police officer for prostitution in a sting operation by the Naples Police Department and for resisting arrest.

  • February 12, 2018

    Adviser Who Traded On Tip From Atty Gets 6 Months In Prison

    A financial adviser who copped to trading King Pharmaceuticals stock after a tipsy lawyer shared inside information with him at dinner was sentenced to six months in prison on Monday by a Brooklyn federal judge, harsher than the sentence faced by the attorney who tipped him.

  • February 12, 2018

    3rd Circ. Rejects Pa. Paralegal's Suit Against Ex-DA

    The Third Circuit on Friday refused to revive a Pennsylvania paralegal’s suit against her onetime employer, former District Attorney Stacy Parks Miller, for alleged misconduct, ruling Parks Miller's response to the allegations, including calls to investigate the paralegal, did not violate her constitutional rights.

  • February 9, 2018

    NJ Judge Again Tries To Sink Charges Of Aiding Fugitive Beau

    A New Jersey state judge has urged a state court to throw out charges that she hindered the apprehension of her boyfriend when he was wanted for armed robbery on the grounds that prosecutors are only pursuing the criminal case because they cannot protect law enforcement officials from civil liability.

  • February 9, 2018

    Girardi Keese Must Open Books On $130M Deal, 9th Circ. Told

    An attorney whose client accused Girardi Keese of mismanaging a $130 million settlement with Lockheed Martin urged the Ninth Circuit on Friday to allow an accounting of the funds to move forward, while the firm argued that a lower court correctly found the suit was time-barred since the funds were distributed nearly two decades ago.

  • February 9, 2018

    NJ Personal Injury Firm Sued Over Atty's Trip-And-Fall

    Rebenack Aronow & Mascolo LLP has been slammed with a lawsuit in New Jersey state court by a lawyer alleging she fell on a sidewalk that the personal injury law firm failed to properly maintain outside its Somerville, New Jersey, office.

  • February 9, 2018

    Enviro Analysis Says Congress Threatens Access To Courts

    Earthjustice on Thursday released an analysis of more than 50 pieces of legislation introduced in Congress that it said could restrict the public’s ability to seek justice in court, saying the measures could “erect permanent obstacles” for people trying to defend their rights.

  • February 9, 2018

    Bar Prep Co. Takes Another Shot At $50M Law School Suit

    A rival to bar exam preparation company Barbri Inc. has filed another $50 million lawsuit against its competitor and a slew of law schools, accusing them —  this time in a New York state court complaint — of colluding to exclude it from their campuses in the prep market for foreign students seeking advanced law degrees.

  • February 9, 2018

    Accountant Can't Nix Punitives From Atty's Malpractice Suit

    A Pennsylvania state court judge on Friday ruled that an accountant accused by a Philadelphia personal injury lawyer of failing to notice as a paralegal embezzled more than half a million dollars must face punitive damages.

  • February 9, 2018

    Ex-Skadden Attorney Disbarred After Child Porn Conviction

    A former Skadden Arps Slate Meagher & Flom LLP lawyer who admitted to federal agents he'd downloaded child porn online for several years was disbarred Thursday in New York.

  • February 9, 2018

    State Farm Must Face RICO Claims Over Campaign Funding

    An Illinois federal judge has refused to drop a class action alleging State Farm secretly funneled millions to a judge’s election campaign with hopes that he’d overturn a state court’s $1.05 billion judgment against it, rejecting the insurer’s argument that the racketeering claims are an attempt to relitigate the state court case.

  • February 9, 2018

    5th Circ. Rejects Bid To Revive Hair Salon ADA Suit

    The Fifth Circuit on Thursday declined to revive a paraplegic man’s suit accusing the owner of a local commercial property that included a hair salon of failing to ensure that the building complied with the Americans with Disabilities Act, ruling that the man had no plans to revisit the salon and therefore had no standing to sue.

  • February 9, 2018

    Dentons Partner Exits After Inappropriate Behavior Claims

    A Dentons partner in Scotland has left the firm after a monthlong suspension following allegations of inappropriate behavior, a spokesperson confirmed Friday.

  • February 8, 2018

    Law360's The Week in Discipline

    A Florida lawyer who couldn’t dodge the taxman and a New York attorney with bad escrow habits lead Law360’s The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • February 8, 2018

    Ropes & Gray Hit With Malpractice Suit By Fund Co-Founder

    The former co-head of a venture capital fund on Wednesday filed suit against the fund’s former law firm Ropes & Gray LLP, alleging that the firm helped his partner go behind his back to take over the company and saying that the firm’s efforts to cover its tracks only exacerbated the problem.

Expert Analysis

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.

  • Basic Human Rights: Whose Job Is Enforcement?

    Dan Weissman

    The cases of Jesner v. Arab Bank and Doe v. Cisco Systems pose different legal tests under the Alien Tort Statute. But these decisions could hold major consequences for environmentalists, human rights activists and even individuals who have turned to ATS to go after transnational corporations, says Dan Weissman of LexisNexis.

  • Lies, Damn Lies And The Lying Investigators Who ‘Pretext’

    Peggy Daley

    The investigators who took on the Harvey Weinstein “pretexting” assignment — who knowingly agreed to befriend and lie to sexual assault victims in order to tarnish their reputations — need to take a long, hard look in the mirror. And then, they must get out of the private investigations business, says Peggy Daley of Berkeley Research Group LLC.

  • Are Private Sector WTO Litigators At Risk Under Logan Act?

    Alan Price

    Renewed interest in our national security laws, and particularly their restraints on U.S. citizen engagement with foreign governments, suggests that U.S. lawyers would be wise to evaluate the risks associated with the Logan Act before representing foreign governments in disputes against the U.S. government before foreign tribunals, say members of Wiley Rein LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Regulators, Whistleblowers And The Paradise Papers

    Adam Pollock

    Clients of "Paradise Papers" law firm Appleby Global should now expect that tax authorities in the U.S., the U.K. and elsewhere will closely scrutinize the leaked documents for evidence of tax evasion. And individuals with inside information that sheds further light on these cases stand to reap sizable rewards by filing qui tam actions, says Adam Pollock of Ford O'Brien LLP.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • The Propriety Of Prosecutorial Bluffing

    Mark Mermelstein

    Imagine a prosecutor says that she is prepared to charge your client with a crime and, if convicted, he will most likely get seven years in custody. But if he pleads guilty today, she explains, the most he will get is one year. Do you recommend your client take the deal? The prosecutor could be bluffing, say Mark Mermelstein and Stephanie Albrecht of Orrick Herrington & Sutcliffe LLP.