Legal Ethics

  • March 25, 2024

    3rd Circ. Won't Rethink AbbVie Privilege Ruling

    The Third Circuit refused Monday to reconsider a ruling that found AbbVie was unable to show a lower court went against precedent or made errors when ordering the drugmaker to turn over attorney communications from a patent case allegedly meant to delay an AndroGel rival.

  • March 25, 2024

    Disbarred Ga. Atty Takes Reinstatement Fight To 11th Circ.

    A disbarred Georgia attorney has called on the Eleventh Circuit to revive her suit challenging the denial of her reinstatement bid, arguing that a lower court was wrong to find she doesn't have standing because she is no longer an attorney or does not have a pending readmission application.

  • March 25, 2024

    Plaintiffs' Attys Found Not Violating Soliciting Rules In OT Suit

    Current and former employees of a Pennsylvania coal company earned conditional certification and did not violate soliciting rules for a collective action accusing management of violating overtime rules by not compensating time spent attending to gear before and after shifts, a federal judge ruled.

  • March 25, 2024

    Jackson Walker Dismissal Bid Says Atty Lied About Romance

    A former Jackson Walker LLP partner at the center of an ethics scandal over her relationship with a then-Texas bankruptcy judge was dishonest when questioned about the romance, the firm said Friday in seeking to escape a federal racketeering lawsuit.

  • March 25, 2024

    Boston Settles Police Shooting Suit After Drawing Judge's Ire

    The city of Boston has settled a six-year-old lawsuit filed by the mother of a Black man who was shot and killed by a police officer, after the city's discovery missteps and violation of court orders nearly lost it the case, according to a Monday filing.

  • March 25, 2024

    Divided NC High Court Backs Insurer's Mailer Coverage Win

    A deadlocked North Carolina Supreme Court has left undisturbed a lower court's ruling that an insurer needn't cover a law firm accused of violating the Driver's Privacy Protection Act by using personal information to market legal services to crash victims.

  • March 25, 2024

    Trump Ally Jeffrey Clark Faces Disbarment In DC Hearing

    In a case one expert called "the single most significant" in the history of the Washington, D.C., bar, a former U.S. Department of Justice official is set to go before an ethics panel this week to face charges over his role in former President Donald Trump's efforts to undermine the 2020 election.

  • March 25, 2024

    M&T Bank Execs Seek Exit From Fla. Law Firm's $1.5M Suit

    Two M&T Bank Corp. representatives want out of a lawsuit claiming they participated in the unlawful restriction of a Florida law firm's trust account amid a chargeback dispute, arguing they are protected from such claims by Florida's corporate shield doctrine.

  • March 25, 2024

    Justices Won't Review 11th Circ. $285M Arbitrator Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision refusing to vacate $285 million in arbitral awards issued to the operator of the Panama Canal, a case that the petitioners said raised questions about the standard by which courts may nix awards over an arbitrator's "evident partiality."

  • March 25, 2024

    Trump Can't Dismiss Hush Money Case, Trial Set For April

    A New York state judge on Monday emphatically denied Donald Trump's motion to dismiss the Manhattan district attorney's hush money case in the wake of a late evidence dump by federal prosecutors, scolding the former president's attorney and setting trial for April 15.

  • March 22, 2024

    Ill. Justices Weigh Whether Rule Violation Merits Fee Award

    The Illinois Supreme Court has questioned whether two law firms should be allowed to preserve their $1.7 million fee award for their work on a family dispute that settled after they were fired, as the justices asked whether fees are appropriate if the firms never disclosed how they would split the money.

  • March 22, 2024

    Telecom Shareholders Want Tribunal DQ'd Over 'Biased' Blog

    The majority shareholders in a Latin American telecommunications tower operator are urging a New York court to reconsider its bid to disqualify the entire tribunal overseeing an arbitration over an alleged corporate coup, saying a blog run by one of the arbiters shows proof of bias.

  • March 22, 2024

    Ill. Atty Tampered With Witness In Own Fraud Case, Feds Say

    A Chicago-area lawyer facing criminal tax fraud charges has been slapped with a superseding indictment accusing him of witness tampering by trying to script a bookkeeper's testimony, according to an announcement made Friday.

  • March 22, 2024

    Amazon, Apple Say Antitrust Attys Can't Ditch 'Fatal' Class Rep

    Amazon and Apple say plaintiffs' counsel in a proposed antitrust suit should be stuck with their class representative, who apparently ghosted his attorneys, arguing the lawyers should have to live with a plaintiff whose purchasing habits undercut the suit's very premise.

  • March 22, 2024

    Former Hiller Atty Fights To Keep Entire Wage Suit Standing

    A former cannabis attorney at boutique firm Hiller PC told a New York state judge on Friday that her wage suit should stay in place in its entirety, saying that her contract existence doesn't prevent unjust enrichment claims.

  • March 22, 2024

    LA Atty Who Repped Rodney King Charged With Tax Evasion

    A Los Angeles attorney who represented Rodney King in a civil case against the city of Los Angeles after King was severely beaten by police has been hit with federal tax evasion charges.

  • March 22, 2024

    Feds, Girardi Agree To Delay Trial More Than 2 Months

    Disgraced attorney Tom Girardi's criminal trial could now be pushed back from May to August, after prosecutors and Girardi's defense attorneys filed a mutual request for a few more weeks of preparation in the closely watched case.

  • March 22, 2024

    SEC Sanctions NY Atty For 'Improper Professional Conduct'

    The U.S. Securities and Exchange Commission has barred a New York-based attorney from practicing before the agency, saying she engaged in "improper professional conduct" by failing to comply with a requirement that she not do further work for a two-year period for a company she had represented in proceedings.

  • March 22, 2024

    Pa. Panel Says Tort Statute Can't Kill Contract Claims

    A Pennsylvania appellate panel has revived a breach of contract suit brought by a pro se litigant against his former counsel for failing to provide adequate legal services, finding the trial court was wrong to reclassify the contract complaint as a tort claim for legal malpractice and then toss it on statutory grounds.

  • March 22, 2024

    Trump Election Case Gives Young Ga. Judge 'A World Stage'

    As Fulton County Superior Court Judge Scott McAfee prepares for perhaps the highest profile case he will ever see, legal experts and former state justices told Law360 that the young jurist has the ethics and temperament to not let the politically charged Donald Trump prosecution derail a promising legal career.

  • March 22, 2024

    Ill. Judges End Diversity Rules That Drew Conservative Ire

    The Seventh Circuit's chief judge has resolved judicial misconduct complaints targeting allegedly discriminatory standing orders by some Illinois federal judges encouraging younger, female and minority attorneys to handle oral arguments, after two of the judges rescinded their policies in response to the complaints.

  • March 22, 2024

    Lewis Brisbois Accused Of Filing 'Sham' Suits To Avert Fault

    A group of 185 Chinese investors have accused Lewis Brisbois Bisgaard & Smith LLP attorneys of filing numerous lawsuits — and collecting $3.8 million in legal fees — to cover for failing to read "draconian" contract terms that led the investors to lose their $92.5 million stake in a $2.5 billion Los Angeles mixed-use development.

  • March 22, 2024

    Cuomo Sister May Sit For Retaliation Claim Depo, Judge Says

    A Manhattan federal judge provisionally held Friday that Madeline Cuomo, the sister of former New York Gov. Andrew Cuomo, should sit for a deposition to address claims that she facilitated an effort to retaliate against a woman who has accused the former governor of harassment.

  • March 22, 2024

    Albright Denies Salesforce Bid For Patent Sanctions

    Salesforce.com Inc. waited too long to pursue sanctions against a prolific patent litigator who already voluntarily dismissed claims brought in a federal suit in Texas, U.S. District Judge Alan D. Albright has ruled, agreeing with a magistrate judge's report and recommendation to toss the sanctions bid.

  • March 21, 2024

    Burford, Sysco Get OK To Swap Bid In Price-Fixing Cases

    An Illinois federal judge on Thursday agreed to allow an affiliate of legal investment firm Burford Capital to substitute for food giant Sysco in price-fixing litigation against broiler chicken producers, a ruling that comes a month after a Minnesota federal judge refused to allow the same Burford unit to substitute for Sysco in similar pork and beef price-fixing litigation.

Expert Analysis

  • Series

    My Favorite Law Prof: How I Learned To Practice With Passion

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    First Circuit Judge Gustavo Gelpí recalls how Suffolk University Law School's Joseph Glannon taught the importance of the law as both a tool and a profession, and that those who wish to practice law successfully must do so with love, enthusiasm and passion.

  • Questions To Ask Before Making A Lateral Move As Partner

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    Law firm partners considering lateral moves should diligently interview prospects — going beyond standard questions about compensation to inquire about culture, associate retention and other areas that can provide a more comprehensive view, says Lauren Wu at VOYLegal.

  • Series

    My Favorite Law Prof: How I Learned To Argue Open-Mindedly

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    Queens College President Frank Wu reflects on how Yale Kamisar’s teaching and guidance at the University of Michigan Law School emphasized a capacity to engage with alternative worldviews and the importance of the ability to argue for both sides of a debate.

  • ABA's No-Contact Rule Advice Raises Questions For Lawyers

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    The American Bar Association's ethics committee recently issued two opinions concerning the no-contact rule — one creates an intuitive and practical default for electronic communications, while the other sets a potential trap for pro se lawyers, say Lauren Snyder and Deepika Ravi at HWG.

  • 4 Key Skills For An Effective Attorney Coaching Conversation

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    As BigLaw firms are increasingly offering internal coaching as one of many talent strategies to stem ongoing lawyer attrition, Stacey Schwartz at Katten discusses how coaches can help attorneys achieve their goals.

  • Perspectives

    How Civilian Attorneys Can Help Veterans

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    With legal aid topping the U.S. Department of Veterans Affairs' annual list of unmet needs of veterans facing housing insecurity, nonmilitary volunteer attorneys can provide some of the most effective legal services to military and veteran clients, say Anna Richardson at Veterans Legal Services and Nicholas Hasenfus at Holland & Knight.

  • Series

    My Favorite Law Prof: How I Learned That Culture Shapes Law

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    U.S. District Judge Jed Rakoff of the Southern District of New York considers how a class with Jerry Cohen at Harvard Law helped him understand culture and history’s influence on jurisprudence, and how even seemingly settled law can evolve — all while espousing a more humanistic approach to teaching that restored Judge Rakoff's pride in being a lawyer.

  • 9 Legal Ethics Considerations In Natural Disaster Preparation

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    Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.

  • Series

    My Favorite Law Prof: How I Learned To Put Law Into Practice

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    Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.

  • What To Consider When Leaving BigLaw To Go Solo

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    Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.

  • Series

    My Favorite Law Prof: How I Learned Education Never Ends

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    D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.

  • Opinion

    New-Parent Attorneys Need Automatic Litigation Stays

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    To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.

  • Associate Skills That Impress Firms In A Cooling Job Market

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    With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.

  • Weighing Advice-Of-Counsel Defense If Trump Is Charged

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    If former President Donald Trump faces criminal charges stemming from the storage of government documents at Mar-a-Lago or efforts to overthrow the 2020 election, he could theoretically avoid conviction by claiming he relied on his lawyers’ advice — but for practical reasons, he's unlikely to use this defense, say Barbara Gillers and Stephen Gillers at New York University School of Law.

  • High Court Could Resolve Thorny Atty-Client Privilege Issue

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    The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.

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