Legal Ethics

  • May 9, 2018

    Dems Ask Trump To Pull Kirkland Partner's DOJ Nomination

    U.S. Senate Judiciary Committee Democrats on Wednesday called on President Donald Trump to withdraw his controversial nomination of Kirkland & Ellis LLP’s Brian Benczkowski to lead the Department of Justice’s criminal division over his representation of a bank with ties to Russian President Vladimir Putin.

  • May 9, 2018

    Cuomo Atty Slams Vance’s ‘Absurd’ Bid For Former AG Case

    Alphonso David, counsel to New York Gov. Andrew Cuomo, eviscerated Manhattan District Attorney Cyrus Vance in a letter Wednesday for suggesting he should investigate domestic violence allegations against the state’s former Attorney General Eric Schneiderman, calling it “frankly absurd” to think he could investigate an office simultaneously investigating him.

  • May 9, 2018

    NJ Atty Ducks Malpractice Suit Over Expired $2.5M Judgment

    The New Jersey Appellate Division has refused to revive a legal malpractice and breach of contract suit over claims a lawyer allowed a roughly $2.5 million judgment to expire, saying a trial court properly tossed the case because the attorney’s former client did not timely submit an expert affidavit.

  • May 9, 2018

    Novartis Says It Paid Michael Cohen $1.2M, Received Nothing

    Novartis AG hired Donald Trump’s personal attorney Michael Cohen to advise it on health care matters soon after the president was elected, and paid him $1.2 million despite not receiving that service, the company said Wednesday, amid reports that Cohen promised the drugmaker access to the president and his inner circle.

  • May 9, 2018

    Ex-Simpson Thacher Clerk Gets Insider Trading Term Reduced

    A New Jersey federal judge on Wednesday shaved nine months from the nearly four-year prison sentence originally handed down to an ex-Simpson Thacher & Bartlett LLP clerk for his role in a $2 million insider trading scheme, noting that the clerk had not been responsible for the illicit gains of a third party he didn't know was part of the conspiracy.

  • May 9, 2018

    Timeshare Exit Firm Seeks Sanctions In Diamond Resorts Suit

    Diamond Resorts International Inc. was hit Tuesday with a motion for sanctions over a lawsuit it recently filed against law firm US Consumer Attorneys PA, which told a Florida federal court the timeshare giant’s suit appears to be an attempt to circumvent an existing settlement agreement and is baseless.

  • May 8, 2018

    Bressler Amery Fined For Pursuing Client's Discharged Debt

    In a strongly worded opinion Tuesday, a New York bankruptcy judge slapped Bressler Amery & Ross PC with punitive fines and penalties for continuing to hound a former client for payments that were discharged through a Chapter 7 case, saying a firm with a bankruptcy department should have known better.

  • May 8, 2018

    Unclear If Shkreli’s Attys Can Rep His Old Co., Judge Says

    A Brooklyn federal judge halted a bid by Martin Shkreli’s old company Vyera Pharmaceuticals LLC to dismiss an ex-employee’s suit over stock he claims to have paid for but never received, saying at a hearing Tuesday Shkreli's lawyers would first have to answer for allegations that they could not represent Vyera.

  • May 8, 2018

    Fla. Bar Urges Justices To Disbar Atty Over Account Transfers

    The Florida Bar asked the state Supreme Court on Tuesday to disbar high-profile Miami plaintiffs attorney Jeremy Alters over more than $2 million in improper transfers from trust accounts, but the justices appeared ready to impose a lesser sanction for the violations.

  • May 8, 2018

    Litigation Funder Tries To Recover Advance To NFL Player

    A third-party claims funder asked a Pennsylvania federal court on Tuesday to allow arbitration proceedings against a former National Football League player who is refusing to repay an advance of a portion of his potential recovery from an uncapped settlement in multidistrict litigation over brain injuries.

  • May 8, 2018

    Widow Says Atty's Duty Included Safeguarding Frozen Sperm

    A California state judge indicated Tuesday he would pare a lawsuit filed by a software company CEO’s widow claiming an attorney, a fertility center and her husband’s former mistress together owe over $27 million for unlawfully using her husband’s frozen sperm to impregnate the mistress after his death.

  • May 8, 2018

    GSK Can't Make Hagens Berman Pay Special Master Fees

    A Pennsylvania federal judge on Tuesday denied a bid from GlaxoSmithKline and other pharmaceutical companies to have Hagens Berman Sobol Shapiro LLP foot the bill for costs incurred by a special master looking into whether the firm can stop representing thalidomide birth defect clients, saying the special master isn’t done.

  • May 8, 2018

    Sheldon Silver Never Asked For Kickbacks, Jury Hears

    A real estate tax attorney testified Tuesday that former New York State Assembly Speaker Sheldon Silver never asked him for referral fees for the work the once-powerful Democratic politician brought him from big New York City developers, fees that federal prosecutors say amount to illegal kickbacks. 

  • May 8, 2018

    Pa. Fed. Judge Rejects LabMD's Call To Step Away From Suit

    A federal magistrate in Pennsylvania on Tuesday piggybacked on another judge’s decision in denying LabMD Inc.'s bid for the magistrate's recusal from its defamation and fraud suit against Tiversa.

  • May 8, 2018

    Vance Fumes After Schneiderman Abuse Case Reassigned

    Manhattan District Attorney Cyrus Vance railed against New York Gov. Andrew Cuomo’s decision Tuesday to relieve him and assign a special prosecutor to conduct a criminal investigation into domestic violence allegations against former state Attorney General Eric Schneiderman — a move that victims’ advocates had called for earlier in the day.

  • May 8, 2018

    Seyfarth Can't Slip Ex-Client's $2.6M Insurance Botch Suit

    A California judge on Tuesday rejected Seyfarth Shaw LLP’s bid to escape self-help company Landmark Worldwide’s $2.6 million malpractice suit, saying a jury must decide whether Seyfarth or its former client is at fault for missing the deadline to report an underlying employee discrimination suit to Landmark’s insurer.

  • May 8, 2018

    Fla. Justices Express Concerns Over Bar Grievance Process

    A proposal to change the Florida Bar rules so an appellate court's finding that a lawyer has pursued a non-meritorious claim automatically amounts to violation of the rule covering that subject drew the bar's opposition Tuesday before the Florida Supreme Court but clearly struck a nerve with the justices.

  • May 8, 2018

    NY AG's Implosion No Silver Bullet For Exxon Climate Probes

    The stunning resignation of New York Attorney General Eric Schneiderman removes a public thorn in the side of ExxonMobil as it grapples with his office's probe of the company's climate change knowledge, but don't expect the Empire State's investigation of the oil giant to go away due to its architect's exit.

  • May 8, 2018

    Liddle & Robinson Accused Of Botching HSBC Retaliation Suit

    A former HSBC executive whose bid to revive a retaliation suit against the banking giant was rejected by the Second Circuit earlier this year has hit New York employment firm Liddle & Robinson LLP and one of its attorneys with a $10 million New York state suit alleging they botched his case.

  • May 8, 2018

    Gov't Fights Foreclosure Law Firm’s Bid To Ax FCA Claims

    The government on Monday defended its False Claims Act claims against New York mortgage foreclosure law firm Rosicki Rosicki & Associates PC and two related companies over allegations that they caused Fannie Mae to pay millions of dollars in reimbursement claims for fraudulently inflated foreclosure expenses.

Expert Analysis

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • When And How To Communicate With Pro Se Litigants

    David Northrip

    Given the surprisingly large volume of pro se litigation in the United States, there will inevitably be times when you need to communicate with self-represented litigants. Following Model Rule of Professional Conduct 4.3 can help you minimize risks and maximize payoff, say attorneys at Shook Hard & Bacon LLP.

  • The Legal Case Against Weinstein’s Suppression Efforts

    Lynne Bernabei

    A recent lawsuit in the Southern District of New York alleged a criminal conspiracy to stop disgraced film producer Harvey Weinstein’s victims from coming forward. Authorities in the U.S. and the U.K. may have grounds to look behind the veil of attorney-client privilege at communications between Weinstein and lawyer David Boies, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.

  • 6 E-Discovery Predictions For 2018

    Erich Potter

    Erich Potter, discovery counsel with Oles Morrison Rinker & Baker LLP, discusses six ways e-discovery will continue to excite and confound in 2018.

  • 6 Roles To Embrace In An Evolving Legal Industry

    Rob MacAdam

    Smart law firms are increasingly positioning professionals to proactively guide them as the legal landscape reshapes itself, harnessing six emerging roles within their organizational charts to embrace new approaches, tools and systems, says Rob MacAdam of HighQ.

  • Opinion

    This Year, Let’s Invest In Lawyer Resiliency

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    Highly profitable companies have comprehensive corporate wellness programs that realize plateauing health care costs, greater employee engagement, and a demonstrable competitive advantage. The legal field needs a similar awakening, says Rudhir Krishtel, a former partner of Fish & Richardson and senior patent counsel at Apple.

  • 5 Legal Technology Predictions For 2018

    Jeff Ton

    While each new year is expected to bring fresh challenges to the legal industry, 2018 will be particularly disruptive to the status quo. Both law firms and organizations that cater to the legal community should prepare for developments like increasing pressure from international clients and data security risks caused by multigenerational gaps, says Jeff Ton of Bluelock LLC.

  • Taking And Defending Depositions You Can Actually Use

    Bethany Kristovich

    All too often, lawyers just think about “getting through” the deposition phase without fully taking advantage of the opportunity to develop their story. But following a few basic rules on the front end can help maximize the impact of a deposition at trial, say Bethany Kristovich and Jeremy Beecher of Munger Tolles & Olson LLP.

  • Litigation Finance Trends To Watch In 2018

    Jay Greenberg

    Jay Greenberg and Max Volsky, co-founders of litigation finance platform LexShares Inc., analyze emerging trends based on conversations with their investors and executives in this rapidly evolving sector.

  • The Enneagram And The Practice Of Law

    Jennifer Gibbs

    Study of the Enneagram personality typing system can provide attorneys with better insights into themselves, and into those they interact with professionally, including clients, opposing counsel and judges, says Jennifer Gibbs of Zelle LLP.