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Legal Ethics

  • May 17, 2018

    Online Ad Co. Looks To DQ Rival Counsel In Click Fraud Suit

    An internet ad placement company has asked a Texas federal judge to disqualify an attorney representing a rival in a $2.3 million suit over click fraud, saying the attorney had shared information the company designated as for outside attorneys' eyes only.

  • May 17, 2018

    A Chat With Perkins Practice Management Chief Toby Brown

    In this monthly series, legal recruiters at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Toby Brown, chief practice management officer at Perkins Coie LLP.

  • May 17, 2018

    Gawker, Thiel End Legal Fight As Ch. 11 Settlement Approved

    The estate of Gawker Media LLC secured bankruptcy court approval Thursday of a settlement with billionaire Peter Thiel that puts to rest mutual threats of legal action with its deep-pocketed and long-term adversary, enabling the defunct news website to market its archive of stories without the threat of Thiel’s involvement.

  • May 17, 2018

    Pa. Atty Slams Suit Alleging He Brought Abusive Loan Claims

    A Philadelphia-area attorney is pushing a Pennsylvania court to throw out a lawsuit accusing him of pursuing an allegedly frivolous and abusive set of claims aimed at recouping personal loans on behalf of a client.

  • May 17, 2018

    Ex-Texas City Atty Gets 35 Years For Bribery Scheme

    A Texas federal judge has sentenced a former city attorney and city manager for Crystal City, Texas, who was accused of being the ringleader in a bribery and kickback scheme, to 35 years in prison, prosecutors announced Wednesday.

  • May 16, 2018

    Ex-NFLer Moves Suit Against K&L Gates, Others To Fed. Court

    Former NFL offensive lineman Leonard Davis removed to Texas federal court Wednesday his lawsuit accusing his financial advisers and attorneys from such firms as Jackson Walker LLP and K&L Gates LLP of disastrously mismanaging his assets, stating in legal papers the case belongs there because of added claims that fall under the federal Securities Exchange Act of 1934.

  • May 16, 2018

    Quinn Atty's Query In $1B Apple Trial 'Improper,' Judge Says

    U.S. District Judge Lucy Koh threatened Wednesday to admonish Samsung's counsel from Quinn Emanuel Urquhart & Sullivan LLP in front of a jury deciding how much Samsung owes for infringing Apple smartphone patents, calling a line of questioning posed to an Apple witness “very improper" and "intentionally done.”

  • May 16, 2018

    Biolitec Counsel Can't Dodge Sanction For Stonewalling

    A federal judge in Massachusetts on Wednesday refused to reconsider a sanction he imposed against specialty laser firm Biolitec AG for what the judge has called the company’s “ethically dubious” tactics and “shameless stonewalling” in its decadelong fight against liability for a subsidiary’s multimillion-dollar patent infringement settlement.

  • May 16, 2018

    Fla. Court Program Seeks To Curb Unprofessional Behavior

    A Florida court aims to improve professionalism and civility among litigators with a new pilot program that will allow veteran litigators to serve as magistrates to help judges resolve complaints of unprofessional behavior.

  • May 16, 2018

    Colo. Atty Gets 3 Years Over Pump-And-Dump Scheme

    A Colorado securities attorney who aided a pump-and-dump stock scheme was sentenced Tuesday in Connecticut federal court to three years in prison and ordered to pay $2 million in restitution, the U.S. Department of Justice announced.

  • May 16, 2018

    Ex-Law Prof Asks 3rd Circ. To Rethink Deal On Plagiarism

    A former adjunct law professor asked the Third Circuit on Tuesday to reconsider its decision leaving in place a settlement he reached with Rider University after being accused of plagiarism, which he says was the result of the university suppressing evidence that he had been given permission to use another professor’s syllabus.

  • May 16, 2018

    Ex-IRS Atty Cops To Using Unauthorized Agency ID Card

    A former U.S. Internal Revenue Service attorney has admitted in New Jersey federal court to possessing an unauthorized federal agency identification card and displaying it during multiple traffic stops, according to authorities.

  • May 16, 2018

    Novartis GC Steps Down After News Of Cohen Payments

    The group general counsel of pharmaceutical company Novartis AG stepped down on Wednesday, the Swiss drugmaker said in a press release, in the wake of news reports that the business made monthly payments to an organization owned by President Donald Trump’s personal lawyer Michael Cohen.

  • May 15, 2018

    Litigation Funder Gets Appellate Fees After 3rd Circ. Win

    An appellate court judge agreed Tuesday to grant a New Jersey man’s litigation funder $30,000 to cover its appellate legal bills after the Third Circuit had affirmed as valid his deal with the company that backed a malpractice case he brought against Reed Smith LLP.

  • May 15, 2018

    Shuttered NC Law School Sues ABA Over Enforcement Action

    Charlotte School of Law sued the American Bar Association in North Carolina federal court Tuesday, claiming that enforcement actions by the organization related to law school accreditation violated the due process rights of the for-profit college and led to its closure last year.

  • May 15, 2018

    Widower Says Court Should Have Let Him Fix Engle Suit Error

    A smoker's widower urged the Florida Supreme Court on Tuesday to review an appeal's court's finding that he cannot amend and pursue an Engle progeny lawsuit mistakenly filed in his wife's name after she had already died, saying it directly conflicts with case law.

  • May 15, 2018

    Surgery Patient Can't Advance Atty 'Collusion' Suit

    A federal judge in Missouri has dismissed a legal malpractice suit in which a prison inmate accused his lawyer of being “in collusion” with opposing counsel in unsatisfactorily settling an underlying medical malpractice case, finding that the man couldn't meet the jurisdiction requirements necessary to bring his suit in federal court.

  • May 15, 2018

    Nonclass Attys Deserve Cut Of $10B VW Deal, 9th Circ. Told

    Hundreds of lawyers claiming their work helped secure the $10 billion resolution of multidistrict litigation from consumers over Volkswagen AG's diesel emissions scandal told the Ninth Circuit on Monday that they deserve a cut of attorneys' fees and costs because their contributions were significant.

  • May 15, 2018

    Ex-Katten Atty Says Gov't Inflating Retrophin Losses

    New York federal prosecutors and attorneys for former Katten Muchin Rosenman LLP attorney Evan Greebel have argued starkly different takes on losses suffered by Martin Shkreli-founded Retrophin Inc., with Greebel deeming the government’s $14.4 million figure vastly overinflated.

  • May 15, 2018

    Work-Hungry Firms Cede Ground On Security Retainer Fees

    The retainer fee has largely survived the financial push-and-pull between firms and corporate clients over the last decade, experts said, but some evidence is emerging that even companies with cash-flow problems have leverage to negotiate smaller upfront payments with their counsel.

Expert Analysis

  • Opinion

    From Cowboy Boots To Wingtips: Prosecutions Gone Awry

    John Banks Brooks

    What do a cattle rancher, an attorney, a financier and a professional sports bettor have in common? All have been subject to recent abuses of power by prosecutors and law enforcement officials. Violating defendants’ rights with shady tactics and leaks undermines our justice system, says communications consultant John Banks Brooks.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Overcoming The Mistrust Of Science In An Alt-Fact Age

    Kirstin Abel

    You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.