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Legal Ethics

  • August 6, 2018

    2nd Circ. Revives Some Counts Against Convicted Ex-NY Sen.

    Former New York State Senate Minority Leader John Sampson, who is accused of embezzling funds held in escrow for real estate transactions, should face revived embezzlement allegations and be unable to escape obstruction and lying convictions related to his actions, the Second Circuit said in two orders on Monday.

  • August 6, 2018

    LabMD Won't Get Review Of FTC Atty Immunity Decision

    A District of Columbia federal appeals court on Friday turned down a request from LabMD for another look at a decision saying Federal Trade Commission lawyers were shielded from allegations that they unfairly pushed an enforcement action against the company.

  • August 6, 2018

    WWE Seeks Attys' Fees After Sanctions In Concussion Suit

    World Wrestling Entertainment Inc. has asked a Connecticut federal judge to order an attorney for two former wrestlers to pay the entertainment company's $176,486 legal bill for attorneys' fees and costs associated with an earlier sanctions order over an evidence dispute in the wrestlers' concussion suit.

  • August 3, 2018

    Exec For Inmate Medical Co. Can't Dodge Bribery Charges

    A San Antonio federal judge refused Friday to dismiss charges against an executive for a prison health services company accused of passing bribes to a county judge and executive in order to win a contract for services at a detention center, saying the two-count indictment holds water.

  • August 3, 2018

    DC Circ. Slams DOJ’s 'Blanket Refusals' In Atty's FOIA Row

    A panel for the D.C. Circuit on Friday criticized the Department of Justice’s Office of Professional Responsibility for its “blanket refusals” to provide a jailed attorney documents relating to the alleged misconduct of the former federal prosecutor who convicted him, saying the office didn’t justify all of its Freedom of Information Act exclusions.

  • August 3, 2018

    Bock Hatch, Atty Beat Ethics Claims Over Class Action

    A Florida federal court ruled Friday that a chiropractic clinic failed to prove its former counsel David M. Oppenheim and Bock Hatch Lewis & Oppenheim LLC breached a fiduciary duty by pursuing a competing spam fax class action against the Tampa Bay Buccaneers after Oppenheim moved to the firm.

  • August 3, 2018

    Egyptian Cotton Consumers Owe Costs For Tardy Amendment

    A Manhattan federal judge chastised consumer lawyers Friday and said they must pay some of their adversaries’ legal fees in a proposed class action over allegedly mislabeled Egyptian cotton sheets, but said they could amend their complaint after the defendants raised issues with their case.

  • 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.

Expert Analysis

  • 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.

  • Officials Must Note Financial Conflict Of Interest Law

    Adam Raviv

    The director of the U.S. Centers for Disease Control was forced to resign earlier this year after her investment manager purchased stock in tobacco and pharmaceutical companies on her behalf, creating a conflict of interest with her official role. The incident highlights how important it is for public officials to understand the conflict of interest statute and structure their investment arrangements accordingly, say attorneys with WilmerHale.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Opinion

    Litigation Funding Bill Lacks Policy Rationale

    Matthew Harrison

    Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.

  • Opinion

    Why Won't Judicial Nominees Affirm Brown V. Board Of Ed?

    Franita Tolson

    On May 17, 1954, the U.S. Supreme Court decided Brown v. Board of Education, recognizing a moral and legal truth that should be beyond question in American society. The refusal by some of President Donald Trump's judicial nominees to say whether they believe the case was decided correctly is indicative of the narrow-minded elitism they would bring to the bench, says professor Franita Tolson of the University of Southern California's Gould School of Law.

  • The Lawyers' Guide To Cloud Computing

    Daniel Garrie

    In deciding whether cloud computing is right for the organization or firm, an attorney must consider cloud computing’s significant impact on the electronic discovery process, say Daniel Garrie, managing partner at Law & Forensics LLC, and David Cass, chief information security officer at IBM Cloud.

  • How To Deal With Insurers’ Litigation Management Guidelines

    Daniel Wolf

    Courts around the country have found insurers' litigation management guidelines to be improper and unenforceable when they impair defense counsel's ability to defend a claim. Policyholders receiving such guidelines should respond promptly to their insurers and proceed to litigation if necessary, says Daniel Wolf of Gilbert LLP.

  • Calif. Attorney-Officials Must Heed AG's Ethics Warning

    Gary Schons

    The California attorney general recently issued an opinion on the conflicts posed when an attorney who serves as a city councilmember has a client with interests adverse to the city. The opinion illustrates that ethical conflicts can arise when a lawyer has a fiduciary relationship, but not an attorney-client relationship, with a person or legal entity, says Gary Schons of Best Best & Krieger LLP.

  • 5 Tips For Defending An Accounting Malpractice Claim

    Nathan Novak

    Having a client who owes the IRS more money than expected because they relied on faulty advice is every tax adviser's worst fear, but nobody's perfect. Tax advisers should consider five factors before conceding liability and reaching for their checkbooks, says Nathan Novak at Orrick Herrington & Sutcliffe LLP.