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Legal Ethics

  • September 27, 2018

    A Study In Contrasts: Ford's And Kavanaugh's Stories Collide

    From his opening statement, U.S. Supreme Court nominee Judge Brett Kavanaugh delivered an impassioned defense against allegations of sexual assault before the Senate Judiciary Committee on Thursday, standing in stark contrast to the quiet and shaken testimony of his accuser, Dr. Christine Blasey Ford.

  • September 27, 2018

    Trenk DiPasquale Aims To Sink Newark Water Agency Suit

    Trenk DiPasquale Della Fera & Sodono PC and two former firm attorneys have called on a New Jersey federal bankruptcy court to toss a lawsuit alleging the firm and others enabled unlawful and wasteful conduct at a defunct Newark water agency, saying the organization did not have the requisite number of trustees when it filed the action.

  • September 27, 2018

    TIKD Dismisses Antitrust Claims Against Ticket Law Firm

    Traffic ticket services startup TIKD told a Florida federal court Thursday it has reached an agreement to drop its claims against The Ticket Clinic law firm in a multimillion-dollar antitrust suit alleging the firm acted in concert with the Florida Bar to try to put it out of business.

  • September 27, 2018

    3rd Circ. Slams Duo's 'Vulgar' Bid To Sanction Morgan Lewis

    The Third Circuit on Thursday blasted a hedge fund manager and her husband for cussing and questioning the court's integrity, and refused their bid for millions in sanctions against Morgan Lewis & Bockius LLP for pursuing an allegedly baseless bankruptcy case against them.

  • September 27, 2018

    6th Circ. OKs Sanction For Atty In Time-Barred Bias Suit

    The Sixth Circuit on Thursday upheld a nearly $26,000 sanction against an attorney for a former nursing home worker for pursuing a disability discrimination case on her behalf long after a deadline for filing suit had passed.

  • September 27, 2018

    Construction Co. In BP Suit Pushes Legal Malpractice Claims

    Two Louisiana attorneys must still face legal malpractice claims because an August order disposing of those allegations did not in fact eliminate all of them, an Arkansas construction company said Wednesday in litigation linked to the BP Deepwater Horizon oil rig disaster.

  • September 27, 2018

    Crane Heyman Can't Dodge Suit Over Layoff Advice

    An Illinois federal judge on Wednesday refused to toss a World Marketing LLC bankruptcy trustee’s malpractice suit accusing Crane Heyman Simon Welch & Clar of failing to properly advise the company before it instituted mass layoffs, saying the claim is barred neither by legal doctrine nor the company’s bankruptcy proceedings.

  • September 27, 2018

    Ky. Law Firm Can Keep Fees From Hospital Bankruptcy Case

    Because a Kentucky law firm did the job it was paid to do in administering a bankruptcy case for a defunct hospital, the firm should not have to return $60,000 in attorneys' fees to the Internal Revenue Service for taxes its client failed to pay, an Indiana district court has ruled, upholding a U.S. Bankruptcy Court ruling.

  • September 27, 2018

    2 Victims Can’t Get Damages In Sex Abuser Sanctions Row

    A Florida bankruptcy judge on Thursday ruled that two victims of billionaire convicted sex offender Jeffrey Epstein cannot pursue damages in connection with an allegation that he and his counsel retained confidential documents in violation of a court order because the victims were not party to the original order.

  • September 27, 2018

    3rd Circ. Backs Concurrent Judgment Decision In ERISA Suit

    A Third Circuit panel has backed a lower court’s decision to have a state court judgment run concurrent with a related federal judgment against a former attorney accused of violating the Employee Retirement Income Security Act by directing employee 401(k) contributions into his now-dissolved firm’s general assets.

  • September 27, 2018

    Testimony Allowed In Greenberg Traurig Forgery Case

    A New York appeals court gave a former Apollo fund manager a second chance Thursday to use one of his previously barred expert witnesses in a case against a former Greenberg Traurig LLP partner over an alleged plot to fake evidence to dodge a $6.5 million contract claim.

  • September 27, 2018

    Law360's The Week In Discipline

    A New York judge stepping down amid allegations of culturally insensitive remarks and an Oklahoma court's decision not to reinstate an attorney who gambled with client money lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • September 26, 2018

    3rd Circ. Fee Fracas A Warning: Not All Billing Is Equal

    The Third Circuit's rebuke of a near-million-dollar fee request from lawyers who had won a bad-faith verdict against an auto insurer is a new directive for courts to pick apart fee requests, experts say, and signals to lawyers that while certain billing practices are permissible, they may not be advisable.

  • September 26, 2018

    Vioxx Economic Loss Counsel Win $4.2M In Attys' Fees

    A Louisiana federal judge on Wednesday signed off on $4.2 million in attorneys’ fees to class counsel who represented consumers in multidistrict litigation who claimed they lost money due to Merck’s recalled drug Vioxx, amounting to nearly a fifth of the $23 million settlement fund.

  • September 26, 2018

    Fee Spat Between Niro Law, Ex-Client Rebooted In New Suit

    A previously dismissed dispute over attorneys' fees that a former client says patent firm Niro Law Group is not entitled to took a new turn Monday when the firm filed suit in Illinois state court, saying it was never paid for its legal work.

  • September 26, 2018

    Fla. Appeals Court May Sanction Atty For Briefing Violations

    A Florida appeals court issued an order Wednesday to show cause why it should not sanction a foreclosure defense attorney for failing to disclose controlling adverse law to the court and for filing briefs that digressed into a “withering attack on the judiciary.”

  • September 26, 2018

    3 Things To Watch For In The Kavanaugh Hearing

    When D.C. Circuit Judge Brett Kavanaugh and California professor Christine Blasey Ford testify on Thursday before the Senate Judiciary Committee about his alleged attack on her while they were in high school, their words could determine the fate of Judge Kavanaugh's U.S. Supreme Court nomination.

  • September 26, 2018

    NJ Judge Ousted For Role In Custody Row, Lying Under Oath

    The New Jersey Supreme Court on Wednesday removed a state judge from the bench for improperly intervening in a child custody dispute on behalf of her former intern, lying under oath to disciplinary authorities and submitting altered phone records to perpetuate her false statements.

  • September 26, 2018

    Receiver Didn't Retain Attys Seeking $489K Fees, Judge Says

    A New York federal judge ruled Tuesday that a law firm isn't owed roughly $489,000 in fees it supposedly incurred while working for the original receiver overseeing the wind-down of Platinum Partners’ hedge fund, because the firm never received court permission to help the fund.

  • September 26, 2018

    A Who's Who Of Attorneys Shaping The Kavanaugh Hearing

    As the Senate Judiciary Committee prepares to meet Thursday to consider allegations of sexual assault against U.S. Supreme Court nominee Brett Kavanaugh, a few of the attorneys involved with those explosive claims are quickly becoming household names, whether they have clients testifying during the hearing or not. 

Expert Analysis

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: How Congress Affected My Career

    Yvonne B. Burke

    Being a former member of Congress put me in an advantageous position when I approached law firms in the late '70s, at a time when there were few female lawyers, and even fewer African-American lawyers, in major law firms, says former Rep. Yvonne B. Burke, D-Calif., a director of Amtrak.

  • Series

    From Lawmaker To Lawyer: DC Isn't As Bad As You Think

    Norm Coleman

    Popular culture paints the Hill as a place teeming with intrigue, corruption and malicious intent. But in Congress I learned important lessons about respecting people and the work they do, says former Sen. Norm Coleman, R-Minn., of Hogan Lovells.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • An Unprecedented Look Inside The FARA Unit

    Brian Fleming

    For close observers of the Foreign Agents Registration Act, the June 8 release by the U.S. Department of Justice of over 50 FARA advisory opinions was a watershed. These opinions offer an unprecedented glimpse into how the FARA Registration Unit interprets the law, say Brian Fleming and Andrew Herman of Miller & Chevalier Chtd.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.