Legal Ethics

  • March 15, 2018

    Zarco Einhorn DQ'd In Miami Restaurant Tipping Row

    Miami's River Yacht Club successfully disqualified Zarco Einhorn Salkowski & Brito PA and two of its attorneys who are litigating a tip credit suit against the chic restaurant after arguing before a Florida federal court the law firm had previously represented the restaurant in a similar case.

  • March 15, 2018

    Pa. Atty Gets 33-Month Prison Term For Defrauding Client

    A former Pittsburgh-area attorney was sentenced to nearly three years in federal prison Wednesday after copping to charges that he stole more than half a million dollars from a client with dementia and used the money to run a newspaper he owned.

  • March 15, 2018

    Weil's Breitburn Lienholder Work A 'Fee Issue,' Judge Says

    A New York bankruptcy judge on Thursday said the failure of Weil Gotshal & Manges LLP to disclose it had represented a Breitburn Energy Partners LP lienholder before taking on the company's bankruptcy case was a “fee issue” that could come into play when the firm tries to collect its pay.

  • March 15, 2018

    Feds Seek To DQ Atty In Venezuelan Bribery Case

    Federal prosecutors on Wednesday urged a Texas federal judge to disqualify a defense lawyer for a former Venezuelan government official indicted for his alleged role in a bribery scheme involving the country’s state-owned oil giant, citing the lawyer’s previous representation of a co-defendant in the case.

  • March 15, 2018

    'Unsalvageable' NJ Atty Disbarred For Litany Of Misconduct

    New Jersey's highest court has disbarred an attorney for missing court appearances and lying to a judge, among other infractions, after a disciplinary panel deemed him “unsalvageable” based on his lengthy history of ethical violations.

  • March 15, 2018

    Consultant Co. Wants Out Of $1.76M Suit Over Alleged Scam

    A California attorney and her investment advisory company on Thursday moved to dismiss a suit brought by a medical device developer that claimed the attorney scammed it out of $1.76 million, arguing that Texas federal courts had no jurisdiction over either the attorney or her company.

  • March 15, 2018

    Ford Wins DQ Of Calif. Judge In Engine Defect Suit

    Ford Motor Co. won the disqualification of the California Superior Court judge that had been about to oversee a trial in a suit over an alleged F-350 diesel engine defect when a state appeals court ruled Wednesday the company hadn’t kicked off its challenge too late.

  • March 15, 2018

    Panama Papers Firm Mossack Fonseca Closing Over Scandal

    Mossack Fonseca & Co., the offshore law firm implicated in the Panama Papers scandal, is telling clients it will close by March 31 because of the damage to its reputation and business, according to a statement posted Wednesday by the International Consortium of Investigative Journalists.

  • March 15, 2018

    Law360's The Week In Discipline

    An Indiana state judge who banned a county clerk from entering a courthouse and a Missouri attorney who took money intended to repay a victim of a client's embezzlement lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • March 15, 2018

    Reed Smith Settles Pa. Malpractice Case Over Fire Coverage

    Reed Smith LLP and an ex-client on Tuesday said that they had reached a deal to resolve claims that the firm botched a $20.5 million insurance settlement after a fire at a historic suburban Philadelphia mansion.

  • March 15, 2018

    'Copyright Troll' Atty Ordered To Take Ethics Class

    A Manhattan federal judge decided Wednesday to reduce a $10,000 sanction against a “copyright troll” attorney to $2,000, but only after ordering him to complete training in “ethics and professionalism.”

  • March 15, 2018

    Firms Agree To End Suit Over 'Strong Arm' Trademark

    Two personal injury firms have settled a dispute in Texas federal court over use of the term “The Strong Arm” in advertising, which both firms had used for years but that one had since trademarked, with the judge agreeing to dismiss the case Wednesday.

  • March 14, 2018

    Delaware Atty Disciplined Over Sexual, Religious Missives

    A Delaware defense attorney was publicly reprimanded Wednesday and ordered to take a course in professionalism by the state Supreme Court after he sent communications to prosecutors referencing him exposing his "thing" in a box, among other sexual comments, and his suspicions that one of the prosecutors was Jewish.

  • March 14, 2018

    Ill. Court Official Battles Bid For Quick Access To E-Filings

    An Illinois federal judge improperly interpreted the First Amendment when he ordered Cook County's Circuit Court clerk to make new electronically filed complaints immediately available to the public, the local court official told the Seventh Circuit on Tuesday.

  • March 14, 2018

    Foreign Attys Can Conduct Int'l Arbitrations, India Court Rules

    Foreign lawyers may conduct international commercial arbitrations in India, the Indian Supreme Court ruled Tuesday, issuing a decision that also allows foreign lawyers to give legal advice to clients on a "casual" basis only so long as it doesn’t amount to a practice.

  • March 14, 2018

    Chadbourne, Norton Rose To Pay $3M To Settle Gender Suit

    Three female lawyers who lodged a proposed class action claiming the former Chadbourne & Parke LLP law firm and its leadership systematically underpaid women asked a Manhattan federal judge Wednesday to approve $3.1 million in payments to settle the case.

  • March 14, 2018

    Texas Atty Can Sue Defense Counsel Over Forged Will Case

    A Texas appellate court on Wednesday revived a legal malpractice claim brought by an attorney convicted for forging a client’s will, ruling a subsequent lifting of the criminal charge gave her the leeway to sue her former criminal defense attorney for ineffective assistance of counsel.

  • March 14, 2018

    SEC Receiver, Law Firm Defeat Advisory Clients' Challenge

    The law firm Barnes & Thornburg LLP and its partner Leslie Weiss triumphed over a challenge to her receivership of a financial advisory firm in Chicago federal court on Wednesday, with the judge saying the case was built on “pure speculation” of malicious motives by Weiss and her team.

  • March 14, 2018

    CPA Claims Prosecutor Leaked Tax Data Seized In Raid

    A California CPA seeks $700,000 in punitive damages, alleging the Justice Department violated his privacy rights and those of hundreds of taxpayers by illegally copying a hard drive seized in a raid of a dietary supplement company and leaking its contents to the public, according to a complaint filed Wednesday.

  • March 14, 2018

    Ex-Samsung Exec Can't Shake Prison Over Atty Error Claims

    A former Samsung America Inc. executive lost his bid to escape a six-year-plus prison term for embezzling about $1.6 million from the company after a New Jersey federal judge on Tuesday rejected claims that his former attorney was ineffective for not consulting with him about a possible appeal.

Expert Analysis

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.