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Legal Ethics

  • October 10, 2018

    Smaller Firms Must Prepare For Cyberattacks, Too

    All law firms are targets for cybercriminals, but while the larger legal players have implemented measures to protect their data, small and midsize firms are less likely to devote the necessary time and resources to doing so, according to a report released Wednesday.

  • October 10, 2018

    Pro-Se Malpractice Row Should Be Revived, NJ Justices Told

    An attorney for a businessman who unsuccessfully lodged a pro-se malpractice claim against Borrus Goldin Foley Vignuolo Hyman & Stahl PC urged the New Jersey Supreme Court on Wednesday to revive the matter, saying during oral argument in Trenton that since his client was self-represented, he didn't realize the time limits to which the litigation was subject.

  • October 10, 2018

    Disbarred NJ Atty Can Only Get 70% Of Disputed Fee

    A New Jersey appeals court affirmed a law firm only has to return about 70 percent of the disputed fee it took from a disbarred attorney who retained its services and later accused it of overcharging for its services and malpractice, reasoning Wednesday that a lower court thoroughly analyzed the accounting for work performed.

  • October 10, 2018

    Ogletree Says Atty Ignored Chance To Opt Out Of Arbitration

    Ogletree Deakins Nash Smoak & Stewart PC on Tuesday pushed back against a former shareholder's argument in her gender bias suit that an arbitration agreement she claims she never consented to should be set aside, saying she was given the chance to opt out but did not do so before the deadline.

  • October 10, 2018

    Legal Funder Burford Puts $50M Toward Female-Led Litigation

    Litigation funding behemoth Burford Capital on Wednesday said it will put its money where its mouth is on the issue of promoting gender parity in BigLaw, with an initiative known as The Equity Project, which has a $50 million pool exclusively for financing litigations led by female lawyers or female-owned law firms.

  • October 10, 2018

    Justices Won't Hear From Judge Who Screened Gay Couples

    The U.S. Supreme Court has declined to hear an appeal from an Oregon state court judge who was suspended for three years without pay for screening out same-sex couples looking to get married in his court and allowing a convicted felon to handle guns in his presence.

  • October 10, 2018

    Labaton To Pay $4.8M, Accept Oversight On Fee Practices

    Labaton Sucharow LLP has apologized and will pay $4.8 million and accept oversight by a retired judge to resolve a Massachusetts federal court’s investigation into the firm's excess fees and a controversial payment to a Texas lawyer, according to Wednesday court filings. 

  • October 9, 2018

    Judge Won't DQ FordHarrison From Kraft Heinz Wage Row

    A California federal judge on Tuesday refused to disqualify FordHarrison LLP from representing Kraft Heinz Foods Co. in a class action accusing it of various California labor law violations, saying one of the firm's partners obtained written consent as he was required to do before representing two potential class members at a deposition.

  • October 9, 2018

    Ex-Willkie, Hunton Atty Faces Prison Over $7.8M Fraud

    Federal prosecutors in New Jersey on Wednesday will seek a six-year prison term for a former Willkie Farr & Gallagher LLP and Hunton & Williams LLP partner for conspiring to bilk the firms and Mastercard Inc. out of roughly $7.8 million, but she is calling for only four years behind bars, according to documents made available Tuesday.

  • October 9, 2018

    Westgate Suit Against 'Timeshare Exit' Firm Moves Forward

    A Florida federal judge trimmed several counts Tuesday from a lawsuit in which timeshare operator Westgate Resorts Ltd. accuses law firm U.S. Consumer Attorneys PA of misleading its customers into attempts to break their contracts for its own gain, but allowed most core claims to proceed.

  • October 9, 2018

    Stormy Daniels Shouldn't Get Declaratory Relief, Court Told

    President Donald Trump on Monday asked a California federal court to dismiss the bulk of adult film star Stormy Daniels' suit over the infamous $130,000 hush money payment arranged by longtime Trump attorney Michael Cohen, saying Daniels' claims are moot now that he's agreed not to enforce the deal.

  • October 9, 2018

    Law Firms Battle Over 'Ever Argued With A Woman?' Slogan

    A small Florida law firm that uses the slogan “Ever Argued With a Woman?” is suing a Texas firm for trademark infringement for using the similar “Ever Argue With a Woman?”

  • October 9, 2018

    Locke Lord Sued For Malpractice Over Stolen Escrow Funds

    Locke Lord LLP and a Pennsylvania lawyer committed a "combined failure" to protect an oil company's escrow funds, resulting in theft of the funds and a loss of more than $3 million, the oil company alleges in a federal suit filed Friday.

  • October 9, 2018

    Supreme Court Won't Review Milberg Malpractice Suit

    The U.S. Supreme Court on Tuesday declined to review a putative class action suing Milberg LLP over an allegedly botched securities suit, upholding a Ninth Circuit ruling that a failed class action voluntarily dismissed by the suit’s named plaintiff couldn’t be revived by a potential class member.

  • October 9, 2018

    Texas Atty Flagged After 'Attacks' On Judges' Integrity

    A Texas lawyer was referred for disciplinary action Monday after a state appeals court said that, in fighting to reinstate a $2 million jury verdict, his judicial recusal bid crossed a line by making "direct attacks" on the integrity of the judges and the court.

  • October 9, 2018

    Chicago Courts Join Judiciary's Sex Harassment Reckoning

    After disciplining a judge for allegedly sexually harassing a prosecutor, Chicago's court system this month is set to hold its first-ever training on sexual harassment for all of its nearly 400 judges, part of a growing trend in state courts as they grapple with #MeToo.

  • October 9, 2018

    Oil & Gas Service Cos. Win $1.5M Fees In Fringe Benefits Suit

    Fiduciaries and trustees of three fringe benefit plans have to pay $1.5 million in fees and costs to a law firm representing the oil and gas service companies they'd sued, after a judge ruled the fiduciaries and trustees had caused the ultimately unsuccessful litigation to drag on.  

  • October 9, 2018

    Dye Co. Hit With Default Loss For 'Egregious' Discovery Abuse

    A chemical dye and ink company and an executive who admitted employing a “scorched-earth” approach to resisting discovery in an Indiana federal trade secrets case were hit Friday with a default judgment in favor of the opposition.

  • October 9, 2018

    Ill. Atty Accused Of Defaming EB-5 Fund To Chinese Investors

    The U.S. Immigration Fund LLC has sued an Illinois attorney, his business partner and a Hong Kong consulting firm for fraud and defamation in New York state court, alleging they defrauded the EB-5 center out of millions by making false statements about the center to Chinese investors seeking EB-5 visas and inducing them to withdraw their capital from the fund.

  • October 6, 2018

    A Look Back At Kavanaugh's Confirmation Battle

    D.C. Circuit Judge Brett Kavanaugh was confirmed to the U.S. Supreme Court on Saturday, following a bitter, three-month nomination fight. Here, Law360 takes a look his road to confirmation.

Expert Analysis

  • Opinion

    Law360's Global 20 Doesn't Acknowledge Global Networks

    Glenn Cunningham

    While I read with interest Law360's report analyzing the top 20 global law firms of 2018, I also noticed it doesn't tell the whole story. Global networks of independent law firms compare favorably with multinational firms in terms of geographic coverage, legal expertise, and awareness of local cultures and customs, says Glenn Cunningham of Interlaw Ltd.

  • Time For Sunshine On 3rd-Party Litigation Funding

    Mary Novacheck

    On July 1, Wisconsin became the first state to require disclosure of third-party litigation financing contingent on the outcome of cases. Individual states' and courts' efforts to shed more light on such funding arrangements are an inconsistent patchwork. The Federal Rules of Civil Procedure should be revised to require such disclosure nationwide, says Mary Novacheck of Bowman and Brooke LLP.

  • Suddenly, ALJs Become Political Appointees

    Brian Casey

    Less than three weeks after the U.S. Supreme Court decided Lucia v. Securities and Exchange Commission, President Donald Trump signed an executive order applying the court’s rationale in Lucia to the hiring — and firing — of all administrative law judges in the federal government, making them entirely beholden to the heads of their agencies or the president for their jobs, says Brian Casey of Barnes & Thornburg LLP.

  • What Kavanaugh's Writing Tells Us About His Personality

    Matthew Hall

    People with certain personality traits tend to use certain words. A computer analysis of Judge Brett Kavanaugh’s D.C. Circuit opinions reveals that he is highly extraverted, which means that he would be a prominent voice on the U.S. Supreme Court, says Matthew Hall, a professor at the University of Notre Dame.

  • Opinion

    3 Pros, 3 Cons Of Litigation Finance

    Ralph Sutton

    An educated guess puts the number of new litigation funders launched in the past 18 months at 30 — an astonishing number, with more to come. Is this a blessing to our legal system or something more akin to tulip mania? Maybe both, says Ralph Sutton, founder and CEO of litigation funding firm Validity Finance LLC.

  • How Attorney Discipline Is Evolving In The #MeToo Era

    Bonnie Frost

    In March, the American Bar Association issued a manual to help legal employers and victims fight sexual harassment in the legal profession. While automatic disbarment for sexual misconduct with clients may have been considered too harsh a sanction almost a decade ago, it may be revisited in the current climate, say Bonnie Frost and Kristi Terranova of Einhorn Harris Ascher Barbarito & Frost PC.

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.