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Legal Ethics

  • November 14, 2018

    Colo. DA Asks State High Court For Atty Fees In Ethics Row

    The former district attorney for a pair of Colorado counties asked the state’s Supreme Court on Wednesday to revive his lawsuit for $300,000 in attorneys’ fees he incurred while fighting ethics complaints brought by the attorney regulatory council, saying the counties must pay for expenses related to his job.

  • November 14, 2018

    Timeshare Co. Fights Attys' Bid To Withdraw From Suit

    Timeshare resort company Orange Lake Country Club Inc. has urged a Florida federal court to deny two attorneys' request to withdraw as counsel to a lawyer mired in the company's suit claiming illegal interference in its contracts, saying the pair have too much unfinished business in court.

  • November 14, 2018

    9th Circ. Creates New Role To Tackle Workplace Harassment

    In a first for the federal judiciary, the U.S. Court of Appeals for the Ninth Circuit has created the new position of director of workplace relations to confront workplace harassment issues in the appellate, trial and bankruptcy courts within the circuit’s jurisdiction.

  • November 14, 2018

    Ex-Dewey Exec Trying To Ax $1M Fine Deserves Jail, DA Says

    Counsel for Dewey & LeBoeuf LLP's former chief financial officer will square off Thursday in Manhattan with prosecutors who claim the ex-executive should be jailed after asking a New York state judge to toss or reduce the $1 million fine he was sentenced to pay following his fraud conviction last year.

  • November 14, 2018

    NJ Attys Duck Malpractice Suit After Clients' Filing Delay

    A New Jersey state appeals court on Wednesday refused to revive a malpractice action against lawyers and accountants over the administration of an estate and trusts, saying co-executors of the estate could not pursue their claims after failing to refile them within 360 days of a consent order dismissing the case.

  • November 14, 2018

    Most Law Firms' Cybersecurity Not Up To Par As Risk Grows

    Most law firms are underprepared for cybersecurity threats, despite a sharp spike in cyberattacks against the industry in 2017, according to a new report from information technology consulting firm LogicForce. 

  • November 14, 2018

    Judge Won't DQ Fla. Prosecutors In $1B Health Fraud Case

    A Florida federal judge on Tuesday denied a Miami businessman's bid to dismiss or disqualify the prosecution team in a $1 billion health care fraud case against him, but despite criticizing federal prosecutors' and agents' performance, the court rejected a magistrate's findings that they had acted in bad faith.

  • November 14, 2018

    Acting AG Whitaker’s Appointment Legal, DOJ Counsel Says

    The U.S. Department of Justice defended the appointment of Matthew Whitaker as acting attorney general on Wednesday, reasoning in a memo from the DOJ Office of Legal Counsel that his appointment followed the law and Constitution and was consistent with past practice.

  • November 13, 2018

    Dems Up Ante As Fla. Recount Litigation Piles Up

    With Florida's 67 counties hurrying to recount the votes in the races for U.S. senator, governor and agriculture commissioner, related litigation kept mounting Tuesday as Democrats sought extended deadlines and challenged rules for determining voter intent in two new suits.

  • November 13, 2018

    Mom Of 'Frack Master' Sanctioned $10K Over Receiver Suit

    The mother of self-described "frack master" Christopher Faulkner will pay a $10,000 sanction after misrepresenting a state lawsuit she filed against a court-appointed receiver that already resulted in a contempt finding against her, a Texas federal judge said Tuesday.

  • November 13, 2018

    Settlement Ends Porn Email Revenge Suit Against Ex-Pa. AG

    One current and one former Pennsylvania state investigator have agreed to accept a $75,000 settlement to end claims that Kathleen Kane, the state's convicted ex-attorney general, retaliated against them by publicly linking them to a scandal over pornographic and other lewd material swapped over government email accounts.

  • November 13, 2018

    Justices Turn Away LabMD's Appeal In Tiversa Fraud Row

    The U.S. Supreme Court on Tuesday turned down an appeal from LabMD Inc., which had taken issue with the Eleventh Circuit blocking the company from implicating a Pepper Hamilton LLP lawyer for fraud in an underlying cybersecurity case because he wasn’t listed on the docket.

  • November 13, 2018

    Law Students Urged To Shun Kirkland Over Arbitration Pacts

    More than two dozen Harvard Law School students are asking their peers to boycott Kirkland & Ellis LLP over the international law firm’s use of mandatory arbitration agreements, and on Tuesday the group promised to expand the movement to other firms and law schools in the near future.

  • November 13, 2018

    Law Firm Says Staffer's Prior Employment Doesn't Warrant DQ

    A Texas law firm defended its involvement Monday in an insurer client's coverage dispute with a seed company, saying one of the firm’s support staff had indeed previously worked for the seed company but left long before the grounds for a coverage dispute were even known.

  • November 13, 2018

    Man Acquitted Of Conspiring On Bribery With Texas Lawmaker

    A man accused of conspiring with a now-convicted former Democratic Texas state senator to bribe a county official to secure a medical services contract at a prison has been cleared of wrongdoing by a federal jury.

  • November 13, 2018

    4th Circ. Tosses Maryland Atty's Reprimand As Unsupported

    A Fourth Circuit panel has thrown out a reciprocal discipline order for a Maryland lawyer, saying the district court in Baltimore that issued the reprimand failed to explain itself.

  • November 13, 2018

    No Bridgegate Role, 3rd Circ. Pick Says Of Work For Christie

    Lowenstein Sandler LLP partner Paul Matey, President Donald Trump’s choice for a Third Circuit vacancy, faced a grilling from the Senate Judiciary Committee on Tuesday over his time serving as an attorney for former New Jersey Gov. Chris Christie.

  • November 13, 2018

    Maryland Challenges Acting AG Whitaker's Appointment

    The state of Maryland on Tuesday challenged both the legality and the constitutionality of acting Attorney General Matthew Whitaker's controversial appointment in Maryland federal court, seeking to declare his mandate void in the state's lawsuit over the Affordable Care Act.

  • November 9, 2018

    9th Circ. Ends Oft-Heated Trade Secrets Suit Against Ex-CEO

    A Ninth Circuit panel on Friday affirmed a district judge’s decision to toss an artificial intelligence startup’s contentiously fought trade secrets case against its former CEO that escalated to an attorney spilling — or perhaps throwing — an iced coffee, saying the judge didn’t abuse his discretion.

  • November 9, 2018

    Who Has Standing To Challenge Whitaker DOJ Appointment?

    Democratic senators have questioned the legality of President Donald Trump's appointment of a Mueller critic to replace Attorney General Jeff Sessions, but it may take someone directly affected by what new acting Attorney General Matthew Whitaker does on immigration or other policy issues to challenge his appointment.

Expert Analysis

  • How Employers Can Address Secret Workplace Recordings

     Jackie Ford

    Secret recordings allegedly made by President Donald Trump's former lawyer Michael Cohen and former White House staffer Omarosa Manigault Newman provide a useful vehicle for reviewing the ethics and legality of surreptitious taping, and may be instructive for employers concerned about limiting such recording in the workplace, says Jackie Ford of Vorys Sater Seymour and Pease LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.