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Legal Ethics

  • August 2, 2018

    Law Needs A Culture Shift To Fight Sexual Harassment

    Preventing sexual harassment in the legal profession goes beyond identifying and punishing individual instances of misconduct and requires a culture overhaul, according to speakers on a panel at the American Bar Association's annual meeting Thursday in Chicago.

  • August 2, 2018

    ABA Loses Bid to Centralize For-Profit Law Schools' Suits

    The U.S. Judicial Panel on Multidistrict Litigation has denied a request by the American Bar Association to centralize a group of cases filed by three for-profit law schools that did not receive ABA accreditation because of a process they allege is inconsistent and unfair.

  • August 2, 2018

    Sidley Austin Must Give Investor More Info On Privilege Log

    A Florida federal judge declined on Wednesday to force Sidley Austin LLP to turn over allegedly privileged documents to a Linkwell Corp. investor suing over two mergers, but ordered the law firm to produce a more detailed privilege log so the court can determine whether the communications listed are subject to discovery.

  • August 2, 2018

    Insurer Not On Hook For $1.5M Legal Malpractice Settlement

    The Massachusetts Appeals Court on Thursday affirmed that an insurance broker is not liable for a personal injury attorney choosing a malpractice coverage plan that did not cover his entire case history, which included a $1.5 million settlement with a client he caused to miss a statute of limitations.

  • August 2, 2018

    Silverstein, Wilshire Get $3.5M In Raided-Trust Settlement

    A Pennsylvania federal judge has awarded more than $3.5 million in attorneys' fees and expenses to Silverstein Firm LLC and Wilshire Palisades Law Group PC as part of a $10 million settlement between the former Farmers & Merchants Trust Co. of Chambersburg and workers who had millions diverted from their retirement funds by a rogue plan administrator and attorney.

  • August 2, 2018

    Shari Redstone Can't DQ Counsel For Dad's Ex In Spy Suit

    A California appeals court has refused to block Bird Marella from representing former Viacom Executive Chairman Sumner Redstone's ex-girlfriend in her invasion of privacy suit against his daughter Shari Redstone and grandson, despite the firm’s one-time representation of his in-home nurses, whom the pair allegedly recruited to spy on her.

  • August 2, 2018

    Fla. Bar, Traffic Ticket Law Firm Seek End To Antitrust Suit

    The Florida Bar and a traffic ticket law firm asked a federal court to end ticket services startup TIKD's multimillion-dollar antitrust suit against them Wednesday, saying they acted separately and properly in seeking review of the legality of TIKD's practices.

  • August 2, 2018

    Bowles Rice's $10M Coverage Bid Halved In Insurance Row

    Bowles Rice LLP’s professional liability insurer is on the hook for at most $5 million, not $10 million, to cover underlying claims that the law firm cost a title insurer tens of millions of dollars in a troubled power plant build, a federal judge in West Virginia has ruled.

  • August 2, 2018

    Locks Law Appeals NFL Concussion Deal Fees Breakdown

    Locks Law Firm on Thursday filed notice with the Pennsylvania federal court handling the NFL concussion settlement that it is appealing the order allocating $112.5 million in attorneys' fees in the case.

  • August 2, 2018

    Law360's The Week In Discipline

    An Ohio lawyer who escaped conduct charges for representing a client he’d never met on an appeal and an Indiana attorney who stumbled through a Chapter 7 matter lead Law360's The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • August 2, 2018

    Posner, Pro Se Aren't Entitled To Rationale, 4th Circ. Says

    The Fourth Circuit affirmed a lower court’s decision to deny a pro se litigant, who is being advised by former Seventh Circuit Judge Richard Posner, an opportunity to amend his complaint, finding that the court was not required to explain its decision.

  • August 2, 2018

    CNA Needn't Defend Atty DQ'd From Deepwater Deal

    A CNA Financial Corp. unit doesn’t have to cover costs Andry Law Group LLC and its principal incurred defending proceedings that led to the firm being barred from participating in the court-supervised settlement program for the Deepwater Horizon oil spill, a Louisiana federal judge ruled Thursday, saying the firm faced no claims for potentially covered damages.

  • August 2, 2018

    Retired Immigration Judges Slam High-Profile Case's Transfer

    A Guatemalan immigrant in a high-profile case that U.S. Attorney General Jeff Sessions referred to himself for review earlier this year has been ordered removed from the U.S., days after the case was taken off an immigration judge's docket, according to several retired immigration judges, who consider the case's transfer an "attack on judicial independence."

  • August 2, 2018

    9th Circ. Won't Rehear Suit Over Calif. Tax Delinquency List

    The Ninth Circuit has declined to rehear an attorney's request for the court to rethink its April decision finding that a California law suspending the driver's licenses of the state’s top 500 delinquent taxpayers is constitutional.

  • August 2, 2018

    Texas Court Claims Immunity In Suit Over Assistant’s Firing

    The Texas Court of Criminal Appeals has asked a Texas federal court to toss a suit by a former employee alleging she was fired over her political posts on Facebook, arguing that the court has sovereign immunity and her posts were inappropriate for someone publicly associated with the court.

  • August 1, 2018

    Icahn Depos Took Heated Turn, CVR And Wachtell Tell Judge

    In the latest round of a deposition battle in a long-running malpractice dispute between CVR Energy Inc. and Wachtell Lipton Rosen & Katz, both sides told a New York federal judge Wednesday that there were issues with a deposition of former CVR majority stockholder Carl Icahn.

  • August 1, 2018

    Atty's Spouse's Contempt Case Paused Amid Bankruptcy

    A Nevada federal judge hit pause Tuesday on contempt proceedings against the wife of attorney Dominic "Nick" Magliarditi stemming from a prohibited property transfer amid his recently filed bankruptcy case.

  • August 1, 2018

    UPDATE: Valeant Says Katten Hires Created Conflict In Drug Patent Suit

    A lateral move by Alston & Bird LLP lawyers to Katten Muchin Rosenman LLP earlier this year created a fatal conflict in an ongoing drug patent case that’s currently before the Federal Circuit, Valeant Pharmaceuticals International Inc. told the appeals court Tuesday, pushing for Katten’s disqualification.

  • August 1, 2018

    Ark. Lawmakers Probe Labaton's $4M 'Referral Fee' To Atty

    A Massachusetts federal judge who has questioned the links between Labaton Sucharow LLP, an Arkansas public pension fund and a lawyer who was paid at least $4.1 million for making an introduction revealed on Wednesday that the Arkansas Legislature is investigating and has sought access to sealed documents.

  • August 1, 2018

    Ill. Clerk Personally Led Pay-To-Play Plot: FBI Affidavit

    An affidavit written by an FBI agent investigating allegations of job-buying in Cook County Circuit Court Clerk Dorothy Brown's office described a "corrupt environment" where the clerk personally hired each of her 2,300 employees and picked up payments from a bagman, according to a court filing.

Expert Analysis

  • Opinion

    Recovering Lawyers' Lost Position Of Independence

    Samuel Samaro

    In these politically divisive times, many ask whether our institutions and traditions can help us return to a greater consensus. In days long past, the legal profession could have been counted on to serve just such a function. But lawyers are now just as polarized as everyone else, says Samuel Samaro of Pashman Stein Walder Hayden PC.

  • 8 Reasons To Take A Fresh Look At Your Law Office Lease

    Tiffany Winne

    After moving into a new law office, tenants often file their signed leases away, figuring that the terms are set for a few years at least. However, leases can be very flexible instruments, and should be reviewed annually even if nothing seems amiss, says Tiffany Winne of Savills Studley Inc.

  • A General Counsel's Tips For Succeeding As A New Associate

    Jason Idilbi

    Based on his experience as a BigLaw associate for six years and now as general counsel for a tech startup, Jason Idilbi of Passport Labs offers some best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • How To Withdraw From Representation Ethically In Mass.

    Christopher Blazejewski

    The saying goes, “Getting married is easy, getting divorced is complicated.” A similar sentiment applies once a lawyer has appeared in court for a client: Withdrawing from a case is not as easy as appearing in one. The attorney withdrawal process in Massachusetts follows similar principles as other jurisdictions, though certain details vary, say Christopher Blazejewski and Jessica Kelly of Sherin & Lodgen LLP.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.