Legal Ethics

  • December 7, 2017

    Law360's The Week in Discipline

    An Arizona judge who stole a judicial competency test and a D.C. lawyer who didn’t head off a major client theft by a protégé lead Law360's The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • December 7, 2017

    Ex-NJ Atty Can't Beat Prison Term In $40M Fraud Scheme

    The Third Circuit on Thursday upheld the four-year prison term handed down to a former New Jersey attorney this year for his admitted role in a $40.8 million mortgage fraud scheme, saying that a district court properly justified giving him a longer sentence than a co-conspirator.

  • December 7, 2017

    Firm Seeks CFPB Sanctions Over Alleged Cordray Talks Delay

    Ohio law firm Weltman Weinberg & Reis Co. LPA on Wednesday asked a federal judge in Ohio to slap the Consumer Financial Protection Bureau with sanctions for allegedly attempting to delay allowing the firm to speak with former Director Richard Cordray before he left the bureau.

  • December 7, 2017

    Hardcover Hazards: 4 Ethics Risks For Judges Writing Books

    From local judges to U.S. Supreme Court justices, it’s not unusual for jurists to write and publish books — but judges looking to see their names in print need to make certain they are aware of the judicial ethics rules that cover both the writing and the marketing of books.

  • December 6, 2017

    Prosecution In Greebel Case Rests After Hearing Last Witness

    The prosecution rested Wednesday in the fraud trial against a former Katten Muchin Rosenman LLP partner who worked with Martin Shkreli, and the defense made an immediate motion for acquittal, launching a two-hour argument that ran straight through lunchtime.

  • December 6, 2017

    Morgan Lewis Must Turn Over 'Oral Downloads' To SEC

    A Florida federal magistrate judge found Tuesday that Morgan Lewis & Bockius LLP waived work product protection when it gave “oral downloads” of material from its internal investigation of General Cable Corp. to the U.S. Securities and Exchange Commission and now must disclose that material to two former GCC executives being sued by the regulator for accounting fraud.

  • December 6, 2017

    NJ Justices Snub Firms' Battle Over Fees From Mutual Client

    The New Jersey Supreme Court has refused to wade into a dispute between two law firms over a contingency fee from a personal injury client they represented at different times, with the justices declining to review a state appellate opinion this year that revived the matter.

  • December 6, 2017

    Pa. Atty In Contempt Over Privilege For Divorce Records

    A Pennsylvania state judge on Wednesday found a Philadelphia attorney in contempt after he advised a client suing a Wilkes-Barre hospital over her husband’s death to not answer questions about divorce proceedings that he argued were protected by attorney-client privilege.

  • December 6, 2017

    Texas Justices Told Free Speech Law Beats Atty Fraud Claims

    Counsel for an attorney who is aiming to use a Texas free speech law as grounds to dismiss fraud claims brought against him by a former court opponent told the Texas Supreme Court in oral arguments Wednesday that the conduct at the heart of the complaint “arose from a judicial proceeding,” and therefore the suit must be tossed under the law.

  • December 6, 2017

    Judge Rules Del. Political Bench Balance Unconstitutional

    A federal magistrate judge ruled Wednesday in favor of a Delaware man who argued that the state’s requirement for political party balance on its judicial benches violated the U.S. Constitution, finding that judges don’t fall under policymaker exceptions to prohibitions against political tests for government employment.

  • December 6, 2017

    Atty Says SEC Probe Can't Link Him To $30M Ponzi Scheme

    An Atlanta attorney urged a Georgia federal court Tuesday to throw out a U.S. Securities and Exchange Commission suit alleging he helped out with a Ponzi scheme that raised at least $30 million from investors, arguing that the agency has no case against him despite its “extensive investigation.”

  • December 6, 2017

    NJ Justices Nix Firm's Bid To Review 'Sham' Grocery Suit

    The New Jersey Supreme Court has declined to review a lower appeals court’s decision to revive a suit alleging a ShopRite supermarket operator and its former attorneys filed a sham lawsuit to block a shopping center development as part of a pattern of flimsy lawsuits aiming to stifle competition, according to an order released Wednesday.

  • December 6, 2017

    Morgan Lewis Says Ex-Client Suing For $30M Waived Conflicts

    Morgan Lewis & Bockius LLP argued in a filing docketed Tuesday that a former client suing the firm in Pennsylvania state court for $30 million over an alleged betrayal had twice waived any conflicts stemming from the firm’s representation of potential adversaries.

  • December 6, 2017

    Catholic Charities Atty Resigns Amid Embezzling Charges

    The Oklahoma high court on Tuesday accepted the resignation of a former Catholic Charities lawyer charged with stealing fees from the organization’s immigration clients.

  • December 6, 2017

    Immigrant Urges High Court Not To Hear Case Against Atty

    An immigrant has urged the U.S. Supreme Court not to review a Ninth Circuit decision that found he could sue his ex-employer’s attorney for alleged retaliation under the Fair Labor Standards Act after the attorney contacted U.S. Immigration and Customs Enforcement about the worker, arguing that the attorney “mischaracterized” the panel decision in his November petition for review.

  • December 5, 2017

    Pa. Judge, Atty Face Additional Charges In Bribery Scheme

    Prosecutors lodged additional corruption charges Tuesday against a Pennsylvania judge and an attorney who have already been accused of laundering, trafficking drugs and health care fraud proceeds, as well as participating in a bribery scheme to fix a traffic ticket.

  • December 5, 2017

    Ex-Dolphins Coach Asks 11th Circ. To Revive Paul Weiss Suit

    An attorney for former Miami Dolphins offensive line coach Jim Turner told an Eleventh Circuit panel Tuesday that attorney Ted Wells and his firm Paul Weiss Rifkind Wharton & Garrison LLP distorted facts in an investigative report that blamed him for fostering a culture of bullying and taunting a player who ended up leaving the team.

  • December 5, 2017

    Tressler Partner Sues Atty For Bungling Move From Old Firm

    A former Freeman Freeman & Smiley LLP partner has filed suit in California state court alleging attorney Daniel O'Reilly and his firm O'Reilly & Roche LLP, which specializes in partner departures, bungled negotiations during his exit from FFS.

  • December 5, 2017

    Morgan Lewis May Face DQ Over 'Sticky' Conflict In Wage Suit

    A California federal judge said Tuesday he’s considering disqualifying Morgan Lewis & Bockius LLP from representing Interstate Hotels & Resorts Inc. in a wage suit after three potential class members testified that the firm represented both them and Interstate during their depositions, creating a conflict the judge called “a sticky mess.”

  • December 5, 2017

    Allentown Mayor Can't Dodge Corruption Charges

    A Pennsylvania federal court judge denied an attempt by the mayor of Pennsylvania’s third largest city to throw out corruption charges against him on Tuesday, ahead of his trial in January.

Expert Analysis

  • Make Way For The 'Unicorns'

    Lucy Endel Bassli

    By "unicorn" I don’t mean the next great tech startup with a valuation of $1 billion. I mean the new breed of lawyers realizing that there are better ways to get their day jobs done, says Lucy Endel Bassli, assistant general counsel leading the legal operations and contracting functions at Microsoft Corp.

  • Series

    Judging A Book: McConnell Reviews 'Unequal'

    Judge John McConnell

    As widespread claims of sexual misconduct continue to surface in the entertainment industry and beyond, a discussion of how judges treat workplace discrimination cases may be particularly timely. Here, U.S. District Judge John McConnell reviews the book "Unequal: How America’s Courts Undermine Discrimination Law," by professors Sandra Sperino and Suja Thomas.

  • Increased FARA Enforcement May Lie Ahead

    Daniel Pickard

    The indictment of Paul Manafort and Richard Gates on Monday brings into focus a federal statute not often employed by prosecutors. The Foreign Agents Registration Act, once a little-known law, is now front and center in the national media, say Daniel Pickard and Madeline Cohen of Wiley Rein LLP.

  • The Non-Arbitration Alternative To New York ADR

    Edmund O'Toole

    Corporate transactional attorneys drafting dispute resolution provisions in New York commercial agreements should consider using a provision that would require any dispute arising under the agreement to be determined in accordance with the NY Supreme Court’s Commercial Division and its rules applicable to accelerated adjudication actions, says Ed O’Toole of Venable LLP.

  • Roundup

    Making Pro Bono Work

    Pro Bono Thumbnail

    In this series, attorneys explore the challenges and rewards of pro bono volunteering in the legal profession.

  • Being There: Preparing Witnesses For Depositions

    Alan Hoffman

    Preparing witnesses to be deposed is a critical element of discovery. It is important to remember that each witness is an individual with unique personal qualities, strengths and weaknesses. Getting to know the witness helps establish rapport and trust, says Alan Hoffman of Husch Blackwell LLP.

  • Series

    Making Pro Bono Work: The Sidley-Exelon Partnership

    Kelly Huggins

    Exelon Corp. and Sidley Austin LLP have been working together on both short- and long-term pro bono matters for the past 10 years. We offer a glimpse of how we got started and what we have done in the hope that other corporate legal departments and law firms might find ways to work together to meet the legal needs of the poor, say Kelly Huggins, pro bono counsel at Sidley Austin, and Margaret Balsley-Cross, assistant general counsel at Exelon.

  • Why Board Certification For Bankruptcy Lawyers Matters

    Michael Fielding

    Given the sheer number of rankings and awards for attorneys, how can a potential buyer of legal services sort the wheat from the chaff? In bankruptcy law, the American Board of Certification provides a readily available layer of protection for both practitioners and their clients, says Michael Fielding of Husch Blackwell LLP.

  • Recipe For Legal Project Management: Look To BBQ Champs

    Anthony Rospert

    As a master certified barbecue judge with the Kansas City Barbeque Society, I have noticed that the top pitmasters follow a consistent process in approaching each and every competition. Their "secret sauce" — employing project management principles — can also help lawyers achieve success, says Anthony Rospert of Thompson Hine LLP.

  • Series

    Making Pro Bono Work: Can You Practice In Your State?

    Eve Runyon

    The justice gap is a well-documented problem and over the past two decades, law firms have mobilized attorneys to provide millions of hours of pro bono every year. But for many in-house counsel, there remains a big hurdle — restrictive multijurisdictional practice rules, says Eve Runyon, president and CEO of Pro Bono Institute.