Legal Ethics

  • 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.

  • March 14, 2018

    Morgan Lewis Liable In $30M Conflict Suit, Ex-Client Says

    An ex-Morgan Lewis & Bockius LLP client seeking disgorgement of some $30 million in fees urged a Pennsylvania state judge Tuesday to find the firm liable for breach of fiduciary duty, arguing it failed to deny allegations that it helped a hospital system build a case against the client in another suit.

  • March 13, 2018

    Morgan Lewis Attys Violated Conduct Rule, Judge Says

    Morgan Lewis & Bockius LLP attorneys violated a rule of professional conduct when they represented both a hotel operator and several hotel workers who are potential members of a class suing the company for alleged wage-and-hour violations, but the lawyers can stay on the case under certain conditions, a California federal judge ruled Monday.

  • March 13, 2018

    Duane Morris Beats Bid To Revive Malpractice Suit In Pa.

    A Pennsylvania appeals court on Tuesday affirmed a trial court decision ending a malpractice suit that accused Duane Morris LLP of botching a federal appeal over a failed corporate deal to acquire a submarine fiber-optic network.

  • March 13, 2018

    WilmerHale Atty Doesn't Recall Giving Up Ex-ConvergEx Exec

    A WilmerHale partner who represented the ConvergEx Group LLC board in a securities fraud investigation told a New Jersey federal judge Tuesday that he can't remember trying to get prosecutors to go after individuals and let the company go, as one indicted former executive claims he did.

  • March 13, 2018

    Federal Judiciary Pushes Forward With Misconduct Initiatives

    The recently formed Federal Judiciary Workplace Conduct Working Group has implemented or is currently implementing almost 20 new changes to help address workplace conduct concerns, including sexual harassment, the group announced Tuesday.

  • March 13, 2018

    7th Circ. Affirms Fired Atty's Fee After Second Review

    The Seventh Circuit on Tuesday affirmed an $87,500 fee awarded to an attorney who was fired before his client accepted a $250,000 settlement in his hip-replacement case, saying the lower court had enough evidence to justify the award.

Expert Analysis

  • 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.

  • The Meaninglessness Of 'Disinterested'

    Richard Roth

    The Black Elk bankruptcy — related to the criminal indictment and upcoming trial of seven former Platinum Partners and Black Elk executives — involved a claimed disinterestedness that seems to indicate that the Bankruptcy Code’s disinterested requirement is something seasoned counsel can work around, says Richard Roth, a corporate and securities attorney.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • When Attorneys Get Ensnared In FCPA Misconduct

    Louis Ramos

    The prosecutions of veteran lawyers at two multinational corporations — Keppel and PetroTiger — offer a sobering truth: Those responsible for protecting their companies from corruption-related risks can be held criminally accountable for their lapses in judgment. Recently unsealed court documents shed light on potential pitfalls for both legal and compliance professionals, say Louis Ramos and Benjamin Klein of DLA Piper.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.