Legal Ethics

  • December 12, 2017

    L'Oreal Must Face IP Atty's Suit Over Frivolous-Patent Fears

    A New Jersey federal judge on Tuesday gave a former L’Oreal lawyer one more chance to serve his wrongful termination suit on the company, keeping alive his claims he was fired over his concerns the cosmetics giant was forcing him to file frivolous patent applications on the company’s behalf.

  • December 12, 2017

    MoFo, Boies Attys To Answer Waymo Queries In Uber IP Suit

    Attorneys from Morrison & Foerster LLP and Boies Schiller Flexner LLP will answer select written questions in Waymo’s lawsuit accusing Uber of stealing self-driving trade secrets after Uber objected to their depositions on the heels of a trial postponement over allegedly withheld evidence, according to an order filed in California federal court on Tuesday. 

  • December 12, 2017

    Atty Must Appeal Sentence At Criminal Court, Panel Says

    A defense attorney who was sentenced to six months in jail after being found in contempt of court can only challenge the punishment before the Court of Criminal Appeals — Texas' highest criminal court — an appellate panel held Monday, ordering a district court to toss challenges the attorney lodged there.

  • December 12, 2017

    Kozinski Porn Claims Put Heat On 9th Circ. Chief To Act

    The head of the Ninth Circuit has a few options for answering allegations that Circuit Judge Alex Kozinski showed porn to female clerks and engaged in sexual banter about them, but ignoring the issue shouldn’t be one of them, federal court watchers said.

  • December 12, 2017

    Doc Says Absentee Atty's Negligence Resulted In Loss

    A Houston-area doctor filed a lawsuit Tuesday against Houston-based Stagner Law Firm and one of its attorneys, alleging that despite taking a $3,500 payment to represent him in a lawsuit stemming from the purchase of a medical practice, the attorney failed to show up to court.

  • December 12, 2017

    Ex-NJ Judge Denies Improper Payments From DWI Fund

    A former New Jersey municipal judge has refuted claims in an ethics complaint alleging he improperly received "bonus" payments over several years from a fund set aside for costs associated with drunk driving cases, saying he was unaware of guidelines requiring preapproval from a supervising jurist.

  • December 11, 2017

    Ill. Firm Must Face Privacy Claims Over Deposition Disclosure

    An Illinois appeals court on Friday partially reversed and remanded a privacy lawsuit against Illinois firm Williams McCarthy LLP, whose lawyer was sued for improperly revealing the mental health status of a woman who claimed she was wrongfully excluded from a trust.

  • December 11, 2017

    Has Litigation Finance Shed Its Stigma?

    Once a taboo topic in the halls of BigLaw, litigation finance is winning over converts. And the peer pressure is building for rival law firms to join the bandwagon.

  • December 11, 2017

    Why Investors Are Taking The Leap To 3rd-Party Funding

    They often don’t know exactly what they’re buying, and there’s an ever-present chance they could come up empty in a given case. Here’s why investors are flocking to litigation finance anyway.

  • December 11, 2017

    What Your Colleagues Think Of Litigation Finance

    We asked, and you answered. Here are the results of Law360’s inaugural survey on third-party legal funding.

  • December 11, 2017

    Law Firm Doesn't Owe For GSK Contempt Order, 3rd Circ. Told

    The Mississippi law firm accused along with a fund administrator of erroneously distributing settlement money from multidistrict litigation against GlaxoSmithKline urged the Third Circuit on Monday to overturn a Pennsylvania district court’s order to indemnify the administrator, reasoning that the district court no longer had jurisdiction over GSK's already settled contempt allegations.

  • December 11, 2017

    Ex-Katten Atty's Expert Defends No-Work Consulting Deals

    An executive compensation expert on Monday told the jury in the fraud trial of former Katten Muchin Rosenman LLP attorney Evan Greebel that there’s nothing unusual about consulting deals that don’t involve much consulting, as the defense sought to refute a central theory of the government’s case.

  • December 11, 2017

    Senate Sets Up Vote For 'Not Qualified' Trump Judge Pick

    The Senate on Monday advanced the nomination of Husch Blackwell LLP senior counsel L. Steven Grasz to an Eighth Circuit vacancy, despite Democrats' protests citing his "not qualified" rating from the American Bar Association.

  • December 11, 2017

    Fla. Justices To Hear Row Over Judge's Facebook Friends

    The Florida Supreme Court said Monday it will consider whether a judge should be disqualified from presiding over a case for being Facebook friends with opposing counsel, setting the stage for the court to refine the Sunshine State’s laws on judges' social media use.

  • December 11, 2017

    LA Boutique Says Ex-Gibson Dunn Atty Owes $140K In Fees

    A former Gibson Dunn & Crutcher LLP partner skipped out on $140,000 in legal fees owed to Los Angeles-based boutique Brown Neri Smith & Khan LLP for an elderly abuse case, according to a state court suit filed Friday that said the former partner had even praised the boutique’s work with some freshly baked bread.

  • December 11, 2017

    Ex-Pa. Lawmaker Avoids Prison In Gambling Ring Scheme

    Marc Gergely, a former Pennsylvania state lawmaker who stepped down from his seat last month, was sentenced on Monday to 18 months of house arrest after pleading guilty on charges that he helped support an illegal Pittsburgh-area gambling ring.

  • December 11, 2017

    Supreme Court Won't Review Lawyer's Stock Fraud Conviction

    The U.S. Supreme Court said Monday it will not hear an appeal from an attorney convicted of fraudulently inflating a medical device company’s stock by drafting press releases about nonexistent purchase orders.

  • December 11, 2017

    NJ Bitcoin Investor Accuses UK Firm Of Ponzi Scheme

    A New Jersey-based bitcoin investor on Friday launched a $9.1 million lawsuit in federal court over claims that a business in the United Kingdom ran a virtual-currency Ponzi scheme, alleging a U.K. law firm possibly aided and abetted the illicit plot.

  • December 11, 2017

    Texas Ex-Atty Should Pay $13.7M To Mexican Agency: Feds

    Federal prosecutors asked a Texas federal judge on Friday to force a former lawyer to repay $13.7 million to a Mexican agency after he was involved in a scheme to divert $32 million from a Mexico utility project, saying much of the rest of the damages claimed actually couldn't be resolved within this case.

  • December 11, 2017

    Detroit Residents Fire Back At Sanctions Bid In Arena Suit

    Michigan residents looking to block $56.5 million in tax dollars from funding the NBA's Detroit Pistons' relocation to a new arena fired back at an "unethical" bid to sanction and compel a deposition that the residents claim has already been agreed upon.

Expert Analysis

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • The Propriety Of Prosecutorial Bluffing

    Mark Mermelstein

    Imagine a prosecutor says that she is prepared to charge your client with a crime and, if convicted, he will most likely get seven years in custody. But if he pleads guilty today, she explains, the most he will get is one year. Do you recommend your client take the deal? The prosecutor could be bluffing, say Mark Mermelstein and Stephanie Albrecht of Orrick Herrington & Sutcliffe LLP.

  • Roundup

    Judging A Book

    Constance Baker Motley

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Manafort Attorney's Testimony And The Limits Of Privilege

    Justin C. Danilewitz

    A D.C. federal judge's recent opinion requiring former counsel to Paul Manafort and Rick Gates to testify before a federal grand jury offers four lessons for defense counsel and their clients, says Justin C. Danilewitz of Saul Ewing Arnstein & Lehr LLP.

  • An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.