Legal Ethics

  • February 2, 2018

    Ill. Judge's Fraud Trial A Rare Moment For The Bench

    A Cook County, Illinois, circuit court judge is set to face a federal jury Monday on charges she fraudulently obtained $1.4 million in mortgage and commercial loans before she took the bench, the first time in years that a sitting Illinois judge has been tried on criminal charges in federal court.

  • February 2, 2018

    Law Firm Wants Trump Panama Hotel Row In State Court

    A Panamanian law firm on Thursday urged a Delaware federal judge to remand its suit accusing Trump Organization's international hotel arm and an affiliate of improperly responding to arbitration over a “mismanaged” hotel by dragging the firm itself into the fight, arguing that no arbitration agreement exists between the firm and Trump’s businesses.

  • February 2, 2018

    Florida PI Firm Sheds Never-Served Overtime Suit

    A Florida federal court on Friday dismissed one of a pair of proposed wage-and-hour class actions against personal injury law firms, saying the employee bringing the case, who claimed she was not properly paid overtime, failed to notify the firm she was suing.

  • February 2, 2018

    Brooklyn Prosecutor Who Wiretapped Ex-Lover Gets 1 Year

    A Brooklyn prosecutor who copped to forging judges' signatures to illegally wiretap a married police detective with whom she’d had an affair and his new romantic interest was sentenced Friday to a year in federal prison.

  • February 2, 2018

    Ex-King & Spalding Atty Says Firing Suit Should Go On

    A former King & Spalding LLP attorney pressed a New York federal judge Thursday to keep alive his wrongful termination suit, saying enough evidence exists for potential jurors to decide he was let go for making an internal complaint about two partners’ ethical conduct.

  • February 1, 2018

    9th Circ. Says High Court Ruling Dooms Milberg Suit

    The Ninth Circuit ruled Thursday it didn’t have jurisdiction over an appeal of a class certification denial for investors suing their former Milberg LLP lawyers, citing the U.S. Supreme Court’s recent ruling in Microsoft v. Baker in a decision that may completely kill the investors’ case.

  • February 1, 2018

    Ex-NY Assembly Speaker Hires New Lawyers For Graft Retrial

    Former New York Assembly Speaker Sheldon Silver checked in with a new defense team Thursday before Manhattan U.S. District Judge Valerie E. Caproni, but the 73-year-old defendant's counsel switch did not earn him more time to prepare for his April retrial.

  • February 1, 2018

    Gates' Attys Quit Conspiracy Case After Reported Sidley Hire

    Attorneys for Richard W. Gates III, the indicted business partner of President Donald Trump's former campaign chairman, on Thursday asked to pull out of representing him in the case a week after reports that Gates had hired a white collar trial and investigations pro from Sidley Austin LLP.

  • February 1, 2018

    FOIA Atty Loses DC Circ. Bid For More Info On FBI Probe

    The D.C. Court of Appeals declined on Wednesday to revive an attorney’s Freedom of Information Act suit against the FBI, upholding a lower court ruling that the bureau had complied with his request for information about its investigation into classified intelligence he received in two underlying suits.

  • February 1, 2018

    Cook County Clerk Appeals Order On Access To E-Filed Suits

    Cook County Circuit Court Clerk Dorothy Brown is appealing an injunction that would have required her office to provide instant access to lawsuits filed electronically in the Chicago-area circuit courts by next week, according to court documents filed Wednesday.

  • February 1, 2018

    Board Says Ill. Atty Dishonestly Took Funds From Client

    An Illinois review board has increased sanctions against an attorney who admitted to taking client funds without permission, ruling that the hearing board that initially determined the attorney’s penalty was wrong to say there was no evidence of dishonesty.

  • February 1, 2018

    3rd Circ. Says Lawyer Must Disclose Client List To IRS

    A Third Circuit panel affirmed on Thursday a Pennsylvania district court’s order enforcing two IRS administrative summonses for a lawyer to share client and settlement lists related to his unpaid taxes, rejecting his contentions that the information was protected under Pennsylvania’s attorney-client privilege or under rules of professional conduct.

  • February 1, 2018

    Law360's The Week In Discipline

    A Georgia attorney hit with a six-figure judgment in a civil racketeering suit and a Louisiana lawyer disbarred for misconduct in his previous job as a pill-dispensing doctor lead Law360’s The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • February 1, 2018

    Bankruptcy Trustee Defends Crane Heyman Malpractice Suit

    The trustee for bankrupt World Marketing LLC told an Illinois federal court Wednesday that World Marketing’s former counsel Crane Heyman Simon Welch & Clar couldn’t duck a malpractice case alleging it gave the company bad advice about the need to warn employees about looming layoffs.

  • January 31, 2018

    11th Circ. Scolds Winn-Dixie Rivals' Attys In Exclusivity Row

    The Eleventh Circuit took counsel for Big Lots and Dollar General to task in a published opinion Wednesday, blasting the attorneys for convincing a district court to shirk the appeals court’s mandate in Winn-Dixie's suit accusing rival store operators of violating grocery exclusivity clauses.

  • January 31, 2018

    Plea Deal For Ex-Ill. Judge's Accomplice Calls For Prison

    The co-conspirator of a $1.4 million mortgage fraud scheme orchestrated by a former Cook County judge faces up to three years in prison and will pay $675,000 in restitution, according to her plea deal filed in Illinois federal court Tuesday.

  • January 31, 2018

    Attys Beat Concert Promoters In Row Over Racial Bias Suit

    Concert promoters whose clients included the Wu-Tang Clan and Puff Daddy lost an appeal against their attorneys in the Eleventh Circuit Wednesday, when the court affirmed the dismissal of their suit against Florida firm Gary Williams Parenti Watson & Gary PLLC because of the case's tenuous connection to Georgia.

  • January 31, 2018

    Miami Restaurant Looks To DQ Ex-Worker's Attys In Wage Suit

    A chic Miami River restaurant that closed after Hurricane Irma moved Tuesday to disqualify counsel for a former employee in a wage-and-hour suit, arguing that the attorneys previously represented the restaurant in a similar employment case.

  • January 31, 2018

    Shkreli Sentencing Delayed While Parties Mull Loss, Forfeiture

    Former pharmaceutical executive and convicted fraudster Martin Shkreli on Wednesday had his sentencing pushed off for another two weeks so his lawyers and the federal government can make their cases for how much investors lost and how much he gained from criminal wrongdoing.

  • January 31, 2018

    Investors Blast NuVasive's Sanctions Bid Over Depositions

    NuVasive Inc.’s accusation that a certified class of investors suing it for concealing a kickback scheme should be sanctioned for misrepresenting witness statements is itself “so frivolous and vexatious as to be sanctionable,” the investors told a California federal court Tuesday.

Expert Analysis

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Manafort Attorney's Testimony And The Limits Of Privilege

    Justin C. Danilewitz

    A D.C. federal judge's recent opinion requiring former counsel to Paul Manafort and Rick Gates to testify before a federal grand jury offers four lessons for defense counsel and their clients, says Justin C. Danilewitz of Saul Ewing Arnstein & Lehr LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Prepare For Big Changes To FARA Enforcement

    Brian Fleming

    All signs point to the U.S. Department of Justice enforcing the Foreign Agents Registration Act more aggressively. In addition, multiple pending legislative proposals would strengthen FARA and expand the DOJ’s enforcement powers, says Brian Fleming, a member of Miller & Chevalier Chtd. and former counsel to the assistant attorney general for national security at the DOJ.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.