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Legal Ethics

  • May 10, 2018

    Fitbit Nears Sanctions Win As Judge Slams ‘Silly’ IP Suit

    Fitbit Inc. seemed poised to win at least some attorneys’ fees spent in fighting a dismissed patent infringement lawsuit brought by rival Smart Wearable Technologies Inc., after a California federal judge said at a hearing Thursday that the case had been “one big, long, drawn-out, silly word game” that likely merited sanctions.

  • May 10, 2018

    Sheldon Silver, Feds Make Final Case To Jury In 2nd Graft Trial

    Prosecutors and defense lawyers made their closing arguments to a Manhattan federal jury on Thursday in the retrial of former New York State Assembly Speaker Sheldon Silver on charges that he used the powers of his office to take in $5 million in bribes and fraud proceeds.

  • May 10, 2018

    Quinn Emanuel Ousts UK Atty After Misconduct Allegations

    Quinn Emanuel Urquhart & Sullivan LLP dismissed a London partner without pay on Tuesday following an investigation into allegations of improper behavior brought by two staffers, the firm said in a statement.

  • May 10, 2018

    Fla. Atty Disbarred After Dodging Taxes On Stock Payouts

    The Florida Supreme Court on Thursday disbarred an attorney who pled guilty to tax evasion for hiding hundreds of thousands of dollars in income from stocks he received as compensation for legal and accounting work for two medical marijuana companies.

  • May 10, 2018

    Titan Of The Plaintiffs Bar: Sanford Heisler's David Sanford

    David Sanford of Sanford Heisler Sharp LLP enhanced his already prodigious reputation as a top-tier plaintiffs’ side attorney over the past year by working to resolve high-profile gender discrimination suits against Chadbourne & Parke LLP and Sedgwick LLP, earning him a place among Law360's 2018 Titans of the Plaintiffs Bar.

  • May 9, 2018

    5 Names To Watch In Race To Be Next New York AG

    The sudden downfall of former New York Attorney General Eric Schneiderman has opened a frenzy of speculation as to who’s in the running to become the Empire State’s next top cop, and the answer could prove historic if it leads to the first woman or minority to be elected to the powerful post.

  • May 9, 2018

    Ex-BNSF Atty Wants Suit Over $4.3M Verdict In Federal Court

    A Kansas attorney being accused by ex-client BNSF Railway Co. of blowing its case and paving the way for a $4.3 million jury verdict for an injured rail worker sought Tuesday to move the Missouri state action to federal court.

  • May 9, 2018

    Treasury Watchdog To Probe Release Of Cohen Funds Info

    A lawyer for the U.S. Department of the Treasury’s internal watchdog said Wednesday that he would look into a possible leak of confidential banking records related to President Donald Trump’s longtime personal lawyer Michael Cohen.

  • 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.

Expert Analysis

  • 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.

  • Ethical Landmines For Counsel To Closely Held Entities

    Chris Blazejewski

    Representing closely held entities can present an array of ethical dilemmas for in-house or outside counsel, especially with regard to fiduciary duties and conflicts of interest. These challenges can be particularly onerous where in-house counsel wears two hats for the entity: lawyer and executive, say Christopher Blazejewski and Jessica Kelly of Sherin and Lodgen LLP.

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Loose Lips Still Sink Ships: Inadvertent Tipping In 2017

    Dixie Johnson

    Inadvertent-tipping cases from the past 12 months demonstrate how carelessness can turn into career-threatening encounters with the U.S. Securities and Exchange Commission or the U.S. Department of Justice. It’s time for renewed resolve to talk about something other than work secrets over the holidays, say attorneys with King & Spalding LLP.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • How Not To File A Successful Rule 29 Motion

    Daniel Wenner

    A defendant in a federal prosecution who argues that he or she did what the government says, but that the actions weren't a crime, may then be able to pursue a motion under Federal Rule of Criminal Procedure 29. But a recent case in the First Circuit underscores the difficulty of this strategy, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.