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Legal Ethics
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March 29, 2024
UTA's Atty Hit With $125M Suit Over 'Pathological Liar' Remark
United Talent Agency's attorney has been accused of defaming MediaLink founder Michael Kassan by calling him a "pathological liar" in the press, according to a suit filed in Los Angeles County, the latest development in a fierce dispute that has seen UTA and Kassan accuse each other of fraud.
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March 29, 2024
Dem Cites 'Secret' Report Against Ticketmaster 'Rebates'
A major congressional critic of Live Nation Entertainment Inc. and Ticketmaster highlighted an expert report from a long-running lawsuit as further proof of the ticketing juggernauts' "rampant, corrupt and abusive practices," although assertions that the report was secret and only newly unearthed may be overblown.
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March 29, 2024
Ala. Steel Mill Asks 11th Circ. To Undo $13M Default Judgment
An Alabama steel mill urged the Eleventh Circuit on Friday to reverse a misconduct-triggered default judgment that led to workers being awarded $13.1 million in a wage and hour suit they filed alleging the mill shorted hundreds of workers on hourly wages, overtime pay and bonuses.
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March 29, 2024
Winston & Strawn Looks To Settle Brief-Copying IP Suit
A Winston & Strawn LLP attorney on Friday told a Manhattan federal judge that the firm is angling to settle a copyright infringement suit that accuses its attorneys of copying a motion-to-dismiss filing by a boutique intellectual property firm "nearly verbatim," saying it isn't worth the cost to all involved.
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March 29, 2024
'Antiquated' Doctrine Can't Cut Burford Unit From Turkey Suit
An Illinois federal judge has refused to block a Burford Capital investment unit from pursuing price-fixing allegations in a consolidated case against major turkey producers, saying federal law largely no longer recognizes the "antiquated" doctrine the producers cited to invalidate the claim.
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March 29, 2024
Houston Firm Says Ex-Atty Lost Chance To Toss Poaching Suit
A Houston personal injury firm has told a state appeals court to keep in place an order denying an ex-associate's bid to toss its poaching lawsuit under the state's anti-SLAPP law, writing that its former employee waived dismissal rights when he removed the case to federal court.
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March 29, 2024
Attys Dodge Sanctions Over Microsoft Word Error, Judge Rules
An error in an attorney's Microsoft Word settings made sanctions against two firms for filing oversized briefs while representing High 5 Games in a consumer protection class action unnecessary, a Washington federal judge ruled Thursday.
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March 29, 2024
Up Next After Bankman-Fried Sentencing: FTX Cooperators
Now that FTX founder Sam Bankman-Fried has been sentenced to 25 years in prison for an $11 billion fraud on the collapsed crypto exchange, it's time for the three top lieutenants who testified against him at trial to face their own judgments — and experts say the cooperators are well positioned to avoid jail time.
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March 29, 2024
Klehr Harrison Exits Athlete-Poaching Claims, Citing Conflict
Klehr Harrison Harvey Branzburg LLP has ended its representation of sports memorabilia brokers ensnared in two sports agencies' battle in Pennsylvania federal court over a contract with former Detroit Lions wide receiver Kenny Golladay, citing concerns about an unspecified conflict of interest.
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March 29, 2024
Epiq Says Chubb Owes Costs In Clergy Abuse Data Leak Case
Epiq Corporate Restructuring LLC has sued Chubb-affiliated insurers in Connecticut federal court seeking to be reimbursed for $2.5 million in settlement costs and roughly $1.8 million for its defense of litigation over Epiq's disclosure of sex abuse survivors' names in a Chapter 11 case.
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March 29, 2024
NJ Law Firm Can Keep Benicar Malpractice Suit In Fed. Court
The U.S. District Court for the District of New Jersey has refused to remand to state court a proposed malpractice class action accusing Mazie Slater Katz & Freeman LLC attorneys of unfairly taking an excessive fee out of plaintiffs' settlements in multidistrict litigation over the blood pressure drug Benicar.
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March 29, 2024
Dominion Wants County Sanctioned In Voting Machine Row
Dominion Voting Systems Inc. wants a Pennsylvania county to pay its legal bills over allegedly rehashed claims that its voting machines had security issues in violation of the county's contract, since a federal court had already tossed those claims.
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March 29, 2024
Dentons Europe Says Houston Co. Owes $4.7M In Legal Fees
International law firm Dentons Europe CS LLP has accused a Houston-area company, self-described as a leader in kidnap and ransom resolution and crisis response, of failing to pay more than $4.7 million in legal fees in connection with the development of a port in Africa.
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March 29, 2024
Atty Called A Flight Risk In $1.3 Billion Tax Fraud Case
An attorney serving a 23-year prison sentence for tax fraud in a $1.3 billion conservation easement scheme is a flight risk and should remain in federal custody while he waits for his appeal, the government told a Georgia federal court Friday.
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March 28, 2024
Telecom Co. Wants Rival Sanctioned In Contract Row
Florida telecom Local Access LLC is again seeking sanctions against the Chicago-based rival it's suing over a contract dispute, claiming that Peerless Network destroyed records and refuses to turn over revenue information it's been seeking since 2017, even after a Florida federal judge directed the company to do so.
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March 28, 2024
Wells Fargo Sued Over Role In Texas Atty's Carbon Tech Scam
Wells Fargo and an advisory group including an attorney and accountant from California facilitated a yearslong Ponzi scheme that deceived investors to put money into a fraudulent gas industry carbon capture technology venture, according to a proposed class action filed in Texas federal court.
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March 28, 2024
Texas Judge Sanctions Atty For No-Showing At Hearing
U.S. District Judge Mark Pittman sanctioned an attorney who didn't appear at a show cause hearing, saying Thursday the court has been inundated with smaller cases and if law firms want to remove cases to the Fort Worth division of the Northern District of Texas they need to follow local rules.
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March 28, 2024
Prolific Consumer Atty Beats Fireball Maker's Sanctions Bid
An Illinois federal judge has declined to sanction a prolific plaintiffs' attorney over alcoholic beverage company Sazerac Co. Inc.'s allegations the attorney sues without regard to the facts and law, saying the complaint "was not entirely baseless" and the suit was dropped within a "safe harbor" period under civil procedure rules.
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March 28, 2024
Feds Say Ex-OneCoin Atty Should Serve 'Substantial' Time
Manhattan federal prosecutors have requested a "substantial" amount of prison time for a Bulgarian woman who worked on the legal team at the fraudulent OneCoin cryptocurrency exchange, but said the sentence should fall below the guidelines range of 10 years.
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March 28, 2024
Texas Judge Lifts Discovery Stay On Google's Bidding Deals
A Texas federal judge agreed to lift a discovery stay in the Texas-led antitrust suit challenging Google's ad technology, allowing the 16 plaintiff states and Puerto Rico access to additional information about a network bidding agreement between Google and Facebook that they claim stymied competition in the digital advertising market.
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March 28, 2024
Fees Awarded For 'Feeble' Milk Vitamin Eligibility Argument
A Delaware federal judge has ordered ChromaDex Inc. and Dartmouth College to pay attorney fees to Elysium Health for making a "feeble" and failed argument defending their milk vitamin patents from an eligibility challenge, saying he's rarely been more confident that a suit was unreasonable.
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March 28, 2024
NC Atty Says Career Coaching Business Stiffed Him On Pay
A North Carolina lawyer said this week that he hasn't been paid for his work at a career coaching business in which he owns a minority stake after he discovered the company was bleeding funds and rife with mismanagement, according to an amended state business court complaint.
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March 28, 2024
Morgan Lewis Accused Of Age, Race Bias By Patent Specialist
Morgan Lewis & Bockius LLP gave preferential treatment to younger white co-workers of a Black patent prosecution specialist, including more overtime and better pay, according to a complaint filed Thursday in Washington, D.C., federal court.
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March 28, 2024
Pillsbury Ducks Malpractice Suit At 3rd Circ. Over Bankruptcy
A Third Circuit panel on Thursday shot down a bid from a group of hotel investors to sue Pillsbury Winthrop Shaw Pittman LLP for malpractice, finding a Delaware bankruptcy court was right in denying the request sought months after a Chapter 11 plan had been finalized.
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March 28, 2024
Pa. Atty Strikes Out Again In Fee Fight With Co-Counsel
A Pennsylvania federal judge has ruled Philadelphia lawyer Bruce Chasan can't recover contingency fees and damages from a California attorney he worked with to represent ex-NFL player Lenwood Hamilton in a suit over the athlete's likeness, saying another court already disposed of the matter twice.
Expert Analysis
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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Weighing Advice-Of-Counsel Defense If Trump Is Charged
If former President Donald Trump faces criminal charges stemming from the storage of government documents at Mar-a-Lago or efforts to overthrow the 2020 election, he could theoretically avoid conviction by claiming he relied on his lawyers’ advice — but for practical reasons, he's unlikely to use this defense, say Barbara Gillers and Stephen Gillers at New York University School of Law.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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How Much Information Should Cos. Share With Auditors?
Recent U.S. Securities and Exchange Commission cases highlight the challenges that companies face in determining how much information about regulatory investigations should be shared with auditors, as the risk of waiving protections must be balanced against transparent communication, say attorneys at Gibson Dunn.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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DOJ Interview With Trump Atty Spotlights Privilege Exception
Christina Bobb, an attorney for former President Donald Trump, allegedly disclosed client and intra-legal team communications during a recent voluntary interview with the U.S. Department of Justice, demonstrating when the self-defense exception to attorney-client privilege may apply, say William Drake and Nicholas Silverman at Steptoe & Johnson.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Limiting The Scope Of Representation Is Critical For Lawyers
A Mississippi federal court's recent decision in Kee v. Howard L. Nations PC highlights the importance of well-written engagement letters, and shows why it is vital for attorneys to specify exactly which services they intend to supply, says Ronald Levine at Herrick Feinstein.
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Attys Shouldn't Assume Judicial Critique Is Protected Speech
As it becomes more commonplace to see criticism of the judiciary in the media, licensed attorneys are well advised to remember that they may have less freedom than nonlawyers to make protected speech critical of the judiciary, says Mark Hinderks at Stinson.
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Series
Keys To A 9-0 High Court Win: Practicality Over Perfection
When I argued for the petitioner in Wooden v. U.S. last year, I discovered that preparation is key, but so is the right kind of preparation — in giving decisive answers to the U.S. Supreme Court justices' hypothetical questions I was not aiming for perfection, just the best response available, says Allon Kedem at Arnold & Porter.
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What New Bar Exam Means For Law Students And Schools
Stephanie Acosta at UWorld discusses how law students and law schools can start preparing now for the new bar exam launching in 2026, which is expected to emphasize real-world lawyering skills-based tasks over rote memorization.