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Legal Ethics

  • September 18, 2018

    Arent Fox Fights Early Win Bid In Malpractice Suit

    Arent Fox LLP told a New York federal court that investment firm Windsor Securities did not deserve a quick win for its legal malpractice claim in a suit alleging Arent Fox gave bad advice regarding life insurance policies Windsor seized as collateral for unpaid loans.

  • September 18, 2018

    Sens. Want NLRB Member Off Case For Littler Mendelson Ties

    U.S. Sen. Elizabeth Warren, D-Mass., told the National Labor Relations Board that member William Emanuel shouldn't participate in a case that could overturn an earlier board decision allowing workers to use their employers' email systems for union business, arguing that the former Littler Mendelson PC partner had a conflict of interest.

  • September 17, 2018

    Pa. Atty Can't Stop Suit Pegging Him For Abusive Loan Claims

    A Pennsylvania judge refused on Friday to sustain preliminary objections from a Philadelphia-area attorney seeking dismissal of a lawsuit alleging that he pursued knowingly frivolous claims on behalf of a client seeking repayment of personal loans.

  • September 17, 2018

    Judge To Sheldon Silver: Your 'Day Of Reckoning' Is Nigh

    The Manhattan federal judge who presided over the trial and retrial of former New York State Assembly Speaker Sheldon Silver rejected Silver's attempt to stay out of jail during his second appeal on Monday, calling it a bid to "postpone his day of reckoning."

  • September 17, 2018

    Kavanaugh, Assault Accuser Asked To Testify Before Senate Panel

    The Senate Judiciary Committee will hold a hearing on sexual assault allegations against D.C. Circuit Judge Brett Kavanaugh, the panel’s chairman said Monday, signaling a delay and possible trouble for the U.S. Supreme Court pick.

  • September 17, 2018

    Disclosure Rules, Ethics Hang Over Legal Funding Conference

    A panel of litigation finance experts pushed back Monday against a recent bar opinion that portfolio funding could be unethical and told representatives from the burgeoning industry that they should prepare themselves for some form of enhanced disclosure requirements.

  • September 17, 2018

    Court Sanctions Nutrition CEO, Atty Over False Patent Claims

    A California federal judge has ordered a nutritional supplement developer, its CEO and its attorney to pay a combined $7,500 in sanctions after the court determined that the CEO had lied by claiming that he was the assignee of a patent he had in fact assigned to another company decades ago.

  • September 17, 2018

    UNH Law Hit With $5.3M Due Process Suit By Ex-Student

    The University of New Hampshire School of Law was hit with a $5.3 million lawsuit on Friday in federal court by a former student from Massachusetts who claims the school denied him a chance to be heard on an alleged code of conduct violation, costing him admission to two other law schools.

  • September 17, 2018

    Proskauer Atty Who Settled Bias Claims Joins Polsinelli

    Polsinelli PC has hired the female employment partner who recently settled a sex discrimination lawsuit against Proskauer Rose LLP, the firm announced late Sunday.

  • September 14, 2018

    Ex-Partner Hits Manatt Phelps With Sex Bias Charge

    Manatt Phelps & Phillips LLP has cultivated a "good old boys" culture in which male senior attorneys compete to bed female subordinates and leadership systematically suppresses women's pay, according to an EEOC charge from a former Manatt employment partner.

  • September 14, 2018

    Kavanaugh Vote Still On Track After Accuser Steps Forward

    Senate Republicans and the White House pushed back over the weekend on sexual misconduct allegations against U.S. Supreme Court nominee Brett Kavanaugh after Democrats sent a letter detailing an alleged incident from his high school years to the FBI.

  • September 14, 2018

    Abortion Foe Asks 9th Circ. To Nix $195K Sanction For Videos

    An anti-abortion activist urged the Ninth Circuit Friday to reverse sanctions against him and his attorneys for violating a court order by posting surreptitiously recorded videos of abortion providers on the internet, saying the lower court’s $195,000 sanctions were unlawful because they were meant to punish, not compensate the National Abortion Federation.

  • September 14, 2018

    Experts Want Watergate Report Unsealed To Guide Mueller

    Two professors and a journalist urged a D.C. federal judge on Friday to release a sealed Watergate report known as the “Road Map” that the special prosecutor sent Congress in 1974, arguing that it could help guide Special Counsel Robert Mueller in his investigation into Russian election interference.

  • September 14, 2018

    Manafort Plea Sharpens View Of Skadden's Ukraine Work

    New details about Skadden Arps Slate Meagher & Flom LLP's work in Ukraine included in Paul Manafort's plea-deal indictment Friday appeared to contradict the firm's long-standing assertions it was never involved in Manafort's foreign lobbying work and that its report on the trial of an ex-Ukrainian prime minister was done objectively.

  • September 14, 2018

    Texas Justices Pass On Ex-Baylor Official's Defamation Case

    The Supreme Court of Texas on Friday declined to hear a former Baylor University football official’s argument that his defamation claims against the university, its regents and Pepper Hamilton LLP over a report on the school's response to sexual assault allegations belong in arbitration.

  • September 14, 2018

    Dechert Client Sues Over $2.9M Settlement Eaten Up By Fees

    A New York woman has sued Dechert LLP in state court, alleging that the firm failed to advise her that if she took a $2.9 million settlement in a suit accusing an upstate municipality of discrimination against her Hasidic community, she would not receive any money because it would be eaten up by legal bills.

  • September 14, 2018

    Attys In FLSA Suit Making Discovery 'Impossible,' Judge Says

    A New York federal magistrate judge had harsh words for attorneys on both sides of a proposed Fair Labor Standards Act class action Friday, granting sanctions against the employer but saying both sides had repeatedly ignored the court’s warnings to behave professionally and had made it “impossible” for discovery to proceed normally.

  • September 14, 2018

    Weitz & Luxenberg Can't Toss Woman's $25M Fraud Suit

    A Manhattan federal judge refused Friday to toss a $25 million fraud suit targeting Weitz & Luxenberg brought by a woman who says the plaintiffs firm took on her 20-year-old breast implant injury case against Bristol-Myers Squibb but allowed it to be dismissed without telling her.

  • September 14, 2018

    Fla. Bar Seeks To Disbar Ex-Judge For Accepting Rays Tickets

    The Florida Bar on Friday urged that a former judge be disbarred for accepting Tampa Bay Rays baseball game tickets from attorneys litigating a case before him, calling a recommendation for a 90-day suspension too lenient.

  • September 13, 2018

    Latinos Can’t Force Change To Texas High Court Elections

    A Texas federal judge said Wednesday that Latino candidates' lack of success in at-large elections to the state's two highest courts was due more to partisanship than to race, rejecting a challenge by an advocacy group and several Hispanic individuals.

Expert Analysis

  • 'High Availability' — A Key Term In Law Firm IT Strategy

    Jeff Norris

    While most law firm executives and partners may instinctively want to tune out terms like "high availability" and "disaster recovery" — concepts that IT managers usually worry about — there are five reasons you should lean in and wrestle with the vocabulary, say Jeff Norris of Managed Technology Services LLC and Greg Inge of information security consulting firm CQR.

  • Mediation Tips For Settling Big-Dollar Business Disputes

    Robert Fairbank

    Throughout a mediation, there are times of heightened uncertainty when something might happen to swing the leverage in one side’s favor. These windows of opportunity can be maximized by a number of methods other than in-person mediation sessions and formal exchanges of settlement numbers, say Robert Fairbank and Kimberly West of Fairbank ADR.

  • The 'Post-Fact' Jury In The 'Fake News' Era

    Ross Laguzza

    The "fake news" phenomenon is ever more prominent in the political arena — but not in the jury box. At a trial, jurors don’t have to rely on the media or any other source to tell them the facts and issues, since they have a front-row seat to the action, says Ross Laguzza, a consultant at R&D Strategic Solutions LLC.

  • Series

    Judging A Book: Lipez Reviews 'Last Great Colonial Lawyer'

    Judge Kermit Lipez

    In his new book, "The Last Great Colonial Lawyer: The Life and Legacy of Jeremiah Gridley," Charles McKirdy argues that Gridley — someone I had never heard of — was the last great colonial lawyer, and that his cases illuminate his times. The author largely substantiates both claims, says First Circuit Judge Kermit Lipez.

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.