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Legal Ethics

  • August 13, 2018

    BigLaw’s Mental Health Stigma Shows Signs Of Fading

    Sometimes viewed as an “invisible” disability, mental illness has long been forced under wraps because of the risk attorneys could face bias and stigma. Here’s how lawyers, law firms and other groups are starting to take on the status quo.

  • August 13, 2018

    Ex-ESPN Analyst Hits Back With Her Own Sanctions Request

    A former ESPN legal analyst suing for sexual harassment told a Connecticut federal court Monday that the network should be sanctioned for its motion to sanction her for claiming ESPN harassed her with fake Twitter accounts, calling the motion a baseless abuse of process.

  • August 13, 2018

    Tenn. Businessman Seeks To Exit Pension Theft Suit In Pa.

    A Tennessee businessman argued Monday that a Pennsylvania federal court has no jurisdiction over him and should dismiss him from a case that alleges one of his business partners illegally drained millions from a central Pennsylvania company's pension plan.

  • August 13, 2018

    Atty Sanctioned 2nd Time Over Bogus Sexual Harassment Suit

    An attorney already facing sanctions for leveling false claims of sexual harassment in a client's suit was ordered on Monday to pay another $20,000 in the same case after an Illinois federal judge said the attorney continued to litigate against someone he knew was not involved.

  • August 13, 2018

    Texas DA Still DQed After 'Contentious Exchange' With Atty

    The Hockley County District Attorney has lost his bid to have a Texas appellate court overturn a trial court’s order disqualifying his office from prosecuting seven cases in which the attorney representing the defendants and the DA were involved in an “apparently contentious exchange.”

  • August 13, 2018

    Foley & Lardner Beats DQ Bid In Fla. Legal Malpractice Suit

    A Florida federal court refused to disqualify Foley & Lardner LLP from representing a Florida chiropractic clinic in a legal malpractice suit, finding defendants Bock Hatch Lewis & Oppenheim LLC and member David Oppenheim’s bid untimely and their arguments insufficient for such a “harsh sanction.”

  • August 13, 2018

    Insurers Fight Asbestos Firm's Quick Win Bid In Payback Row

    Three health insurers have urged a federal judge in Texas to reject a bid from national asbestos law firm Shrader & Associates LLP to toss the insurers' lawsuit alleging the firm failed to pay their due out of settlement funds, saying the firm was wrong to assert they lack standing to bring the suit.

  • August 13, 2018

    Gov't, PACER Users Can Appeal Suit Over Fees

    A Washington, D.C., federal judge on Monday greenlighted an appeal in a class action challenging the government's use of fees for the Public Access to Electronic Court Records system, allowing both sides to argue that the court got it wrong in a liability decision that found the government misused $200 million in fees.

  • August 13, 2018

    11th Circ. Tosses Atty Sanction In Trucking Co. OT Case

    The Eleventh Circuit on Friday threw out a sanction for a Miami Beach lawyer and his client stemming from a trucking company overtime pay case, saying a decision last fall about conflicting positions taken by a litigant in separate judicial proceedings called for a reversal.

  • August 13, 2018

    'Come Loaded For Bear' Before Manafort Judge, Attys Say

    Lawyers who have appeared before the Virginia federal judge overseeing the fraud trial of former Trump campaign chair Paul Manafort offer two pieces of advice for arguing in his courtroom: Be prepared. Be concise.

  • August 13, 2018

    Ex-Atty Accused Of Posing As Clients In Case Funding Fraud

    A disbarred Georgia attorney has been indicted on charges that he impersonated clients in order to fraudulently obtain litigation funding that he then redirected to his law firm's operating accounts, the U.S. Department of Justice announced Monday.

  • August 13, 2018

    Proskauer, Partner Agree To End Pay Equity Suit

    Proskauer Rose LLP and a female partner have agreed to end her $50 million sex discrimination suit alleging that the firm pays her less than her male colleagues and threatened to fire her when she complained.

  • August 10, 2018

    How The Legal Industry Lets Down Lawyers With Disabilities

    The dissolution of a five-year-old bar group marks the latest setback for disabled attorneys, who often find little support while navigating an inhospitable industry.

  • August 10, 2018

    Gaining Access: Disabled Lawyers Share Their Stories

    In a series of interviews, lawyers tell Law360 how even well-intentioned professors can create barriers, how inclusivity can help a firm’s litigation prowess, and how “inspirational” can be a dirty word.

  • August 10, 2018

    Funders Decry NYC Bar's Litigation Finance Warning

    An ethics broadside from the New York City bar against a common litigation financing strategy in which lawyers pledge cuts of expected fees in exchange for upfront cash has riled major legal investors, some of whom are promising to oppose the opinion or change their deals to avoid the fee-splitting ban.

  • August 10, 2018

    Kavanaugh’s Other White House Job: Ethics Guru

    Whether it involved the price of sports tickets for the White House chief of staff or the type of stationery the president needed to use to communicate with political candidates, U.S. Supreme Court nominee D.C. Circuit Judge Brett Kavanaugh became a go-to guy for ethics issues during his stint as a White House lawyer in the early 2000s, newly released documents show.

  • August 10, 2018

    La. Board Wants Atty Suspended For Year In Attack On DA

    A Louisiana disciplinary board has recommended to the state Supreme Court a year's suspension for a lawyer convicted of assaulting a district attorney while they were both leaving a judge’s chambers.

  • August 10, 2018

    Judge In Ex-PSU Prez's Endangerment Case Won't Recuse

    A Pennsylvania appeals court judge concluded Friday that his decade-old criticism of Penn State University's plans to relocate its law school did not warrant his disqualification from ex-university President Graham Spanier's appeal of a child endangerment conviction stemming from the Jerry Sandusky sex abuse scandal.

  • August 10, 2018

    Defunct NC For-Profit Law School Must Still Honor Lease

    A North Carolina state judge on Friday found InfiniLaw Corp.'s Charlotte School of Law in breach of its office building lease, rejecting the for-profit institution’s argument that it should be forgiven the unpaid rent since last October because that’s when government agencies crippled its ability to function. 

  • August 10, 2018

    Atty Referred Case Against Client To His Dad, Suit Says

    A Chicago attorney hired to defend a woman and her employer, a litigation finance company, referred a separate lawsuit filed by the company against the woman to his dad and shared privileged information that undercut her interests, according to a lawsuit filed Thursday in Illinois state court.

Expert Analysis

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Merck Patent Case Supports Use Of 'Unclean Hands' Defense

    Francis C. Lynch

    The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck from enforcing two patents against Gilead. An analysis of this decision and others demonstrates that the unclean hands defense should be considered in a variety of cases, says Francis C. Lynch, a retired senior partner at Goodwin Procter LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.