Legal Ethics

  • May 17, 2024

    Baldwin Wants 'Rust' Case Tossed, Says Grand Jury Was Duped

    Alec Baldwin's attorneys urged a New Mexico state judge during a hearing Friday to throw out involuntary manslaughter charges against the actor in the "Rust" movie shooting, arguing prosecutors misled the grand jury in the case.

  • May 17, 2024

    Dozens Of Pro Bono Attys Back 3rd Circ. Nominee Mangi

    Forty-nine pro bono partners, counsel and chairs from major law firms and organizations wrote to Senate leadership on Friday with concerns that the staunch opposition against Third Circuit nominee Adeel Mangi over his pro bono work will have a chilling effect on future attorneys seeking judgeships, according to a letter shared with Law360.

  • May 17, 2024

    NJ Panel Cites Bad Expert Opinion In Tossing Malpractice Suit

    A New Jersey appellate court upheld Thursday the dismissal of a legal malpractice dispute accusing an attorney of botching a woman's suit over a restaurant attack where she ended up recovering the minimum award.

  • May 17, 2024

    NJ Atty Escapes Malpractice Suit Over UPS Bias Suit

    A New Jersey state appeals court on Friday refused to revive a legal malpractice lawsuit from a UPS driver alleging his ex-lawyer did not disclose his working relationship with Day Pitney LLP, the firm that represented the delivery company in the driver's underlying racial discrimination suit.

  • May 17, 2024

    Trump Hush Money Judge Warned For Biden Donation

    The judge presiding over Donald Trump's criminal hush money trial was quietly cautioned after making a political campaign contribution to President Joe Biden and a Democratic group, disposing of an ethics investigation into the donation, it was confirmed Friday.

  • May 17, 2024

    Judge Bias Claim Can't Sink Mayo Clinic Ariz. Malpractice Win

    An Arizona appellate court has affirmed a lower court bench ruling that let the Mayo Clinic in Arizona off the hook on malpractice claims lodged by a man who suffered serious complications after an abdominal procedure, in part ruling that he didn't show judicial bias requiring recusal.

  • May 17, 2024

    Alito Flag Report Fuels Ethics Debate, But Likely No Recusal

    Responses to a report that an upside-down American flag flew outside U.S. Supreme Court Justice Samuel Alito's home following the 2020 presidential election broke along partisan lines Friday, with conservatives decrying it as a smear campaign and liberals calling for his recusal from pending election-related cases and for general court ethics reform.

  • May 17, 2024

    Menendez Bribery Trial: 5 Things To Know About Week 1

    Explosive opening statements, closed-door jury questioning and an FBI agent's recount of the moment he found a treasure trove of gold bars and cash highlighted the first week of trial in the government's second corruption case against U.S. Sen. Robert Menendez.

  • May 17, 2024

    Texas Justices Let Fen-Phen Atty Malpractice Fight Roll On

    The Texas Supreme Court ruled Friday that roughly 4,000 former clients of a Houston mass tort lawyer can continue pressing their claims that the lawyer improperly kept millions of dollars in fen-phen diet drug settlement money.

  • May 17, 2024

    Calif. Bar Approves Plan To Expunge Nondisbarment Records

    The State Bar of California approved a plan to automatically expunge records of attorney disciplinary actions after eight years, so long as there was no disbarment and the lawyer stayed out of trouble — a move designed to bring greater fairness to the state's attorney disciplinary system.

  • May 17, 2024

    1st Circ. Rejects Ex-Immigration Judges' Bid For Asylum Redo

    The First Circuit's full bench refused to reopen a Salvadoran woman's case seeking asylum, despite former immigration judges weighing in to say that the judge who denied her asylum didn't follow a legal requirement to ensure her record was complete.

  • May 17, 2024

    Ex-Baltimore State's Atty Says 20-Month Sentence Too Harsh

    Former Baltimore State's Attorney Marilyn Mosby has asked a federal judge to cut down prosecutors' requested 20-month prison sentence after she was convicted of abusing a COVID-19-era program to obtain money from a retirement fund and conning a lender to obtain a vacation home, arguing the proposal "stray[s] from the reality of this case."

  • May 17, 2024

    Trump's Potential Witness Could Be Defense 'Dynamite'

    As Donald Trump's hush money trial in Manhattan nears its end, experts say criminal defense attorney Robert Costello, who once advised the former president's ex-fixer and key prosecution witness Michael Cohen, has surfaced as a potentially bombshell witness for the defense.

  • May 17, 2024

    AG Garland Held In Contempt By House Committees

    Two House committees voted late Thursday to hold Attorney General Merrick Garland in contempt for not turning over audio recordings of the president and his ghostwriter speaking with special counsel Robert Hur for his investigation into President Joe Biden's handling of classified documents.

  • May 16, 2024

    $2B Default Recommended For Making Fair Trial 'Impossible'

    Years of lies should put a pair of Chinese electronics companies on the hook for over $2 billion in default judgment, a special master told a California federal judge, adding that their yearslong no-show and disregard of U.S. counsel advice to retain documents have rendered a fair trial "impossible."

  • May 16, 2024

    6th Circ. Still Won't Rethink Sanctions Against Trump Attys

    The Sixth Circuit on Thursday once again denied a bid from former Trump campaign lawyer Sidney Powell and other attorneys to reconsider sanctions issued against them after they challenged the 2020 presidential election results in Michigan, holding that the attorneys must seek permission for future filings given their history of "meritless motions."

  • May 16, 2024

    Colo. Atty Faces Arrest For Skipping Malpractice Case Hearing

    A Colorado state court issued a contempt citation and bench warrant for a suspended attorney who failed to appear at a hearing Thursday to discuss a $1.2 million malpractice judgment entered against him.

  • May 16, 2024

    'That Is A Lie!' Trump Atty Assails Cohen In Fraud Trial Cross

    Donald Trump's lawyer lashed out at central prosecution witness Michael Cohen on Thursday during a second day of cross-examination in New York state's criminal fraud case, attacking his credibility and key testimony linking Trump to crimes.

  • May 16, 2024

    Stubhub, Attys Face Sanctions Bid Over 'Strategy Of Evasion'

    Counsel for consumers seeking StubHub refunds for events canceled or rescheduled due to COVID-19 urged a California federal magistrate judge Thursday to sanction the online ticket platform and its lawyers, saying they've "engaged in a strategy of evasion, denial and distortion" to avoid producing hyperlinked documents despite a court order.

  • May 16, 2024

    Carhartt Heiress's Atty Stole Millions, Jury Told

    A jury trial kicked off Thursday in a case against a Michigan lawyer accused of embezzling millions of dollars from trusts belonging to the granddaughter of Carhartt Inc.'s founder, with one of her financial managers testifying that the attorney made loans to himself without permission.

  • May 16, 2024

    Trump Says 1890 Ruling Can't Be 'Pigeonholed' By Ga. DA

    Former President Donald Trump has renewed his bid to have two of his Georgia election interference charges dropped under an 1890 U.S. Supreme Court case, arguing prosecutors are trying to "improperly pigeonhole" the ruling as irrelevant to his criminal case.

  • May 16, 2024

    Smollett Atty Says Attackers' Defamation Suit Must Fail

    An attorney who represented "Empire" actor Jussie Smollett asked an Illinois federal judge Wednesday to end claims that she defamed two brothers accused of attacking Smollett by suggesting they wore "whiteface," arguing it was an unimportant detail that meshed with their own descriptions.

  • May 16, 2024

    Democrats Prod Justice Thomas on RV Loan, Tax Treatment

    Two Senate Democrats have asked U.S. Supreme Court Justice Clarence Thomas' attorney to respond to what they called a failure to answer their questions about the justice's $267,000 loan from a healthcare industry executive to finance a luxury recreational vehicle, saying the loan treatment could have violated federal tax laws.

  • May 16, 2024

    Seattle-Area Atty Disbarred For Immigration Court Violations

    A Seattle-area attorney has lost her legal license after the Washington State Bar Association found she submitted falsified paperwork to the federal government, lied to her clients and immigration courts to conceal filing delays, and committed other violations that exposed her clients to possible deportation and other serious harm.

  • May 16, 2024

    11th Circ. Tries To Untangle Aftermath Of Judge's Early Exit

    An Eleventh Circuit panel on Thursday quizzed attorneys for rival breeders of disease-resistant shrimp about whether a $10 million trade-secrets jury verdict should be overturned after a federal magistrate judge presided over the trial's ending because a federal district judge had to catch a flight, with one of the panel judges saying the parties had been put "in a very difficult position."

Expert Analysis

  • A Midyear Look At How AI Is Affecting Lawyers

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    The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • New Health Data Compliance Considerations For Pa. Lawyers

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    Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

  • Indemnification In Exec Separation Deals: Read The Fine Print

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    The Delaware Chancery Court’s recent decision denying the former CEO of space infrastructure company Momentus the advancement of legal fees highlights the importance of considering post-employment indemnification and advancement rights in executive separation agreements, says Daniel Morgan at Blank Rome.

  • 5 Management Tips To Keep Law Firm Merger Talks Moving

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    Many law firm mergers that make solid business sense still fall apart due to the costs and frustrations of inefficient negotiations, but firm managers can increase the chance of success by effectively planning and executing merger discussions, say Lisa Smith and Kristin Stark at Fairfax Associates.

  • Rethinking In-Office Attendance For Associate Retention

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    The hybrid office attendance model doesn't work for all employees, but it does for many — and balancing these two groups is important for associate retention and maintaining a BigLaw firm culture that supports all attorneys, says Summer Eberhard at Major Lindsey.

  • The Crucial Privilege Exception At Play In Trump Indictment

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    Following Donald Trump’s recent indictment for retaining classified documents, Hilary Gerzhoy at HWG explains how his attorney’s notes of their conversations became admissible in the case, what it means for the attorney's representation of Trump, and what obligations lawyers have in similar circumstances.

  • Murdaugh Trials Offer Law Firms Fraud Prevention Reminders

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    As the fraud case against Alex Murdaugh continues to play out, the evidence and narrative presented at his murder trial earlier this year may provide lessons for law firms on implementing robust internal controls that can detect and prevent similar kinds of fraud, say Travis Casner and Helga Zauner at Weaver and Tidwell.

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