Legal Ethics

  • March 6, 2018

    Pa. Justices OK Fee Claim In Suit Over Departed Atty

    A unanimous Pennsylvania Supreme Court agreed on Tuesday that Meyer Darragh Buckler Bebenek & Eck PLLC was entitled to part of a $235,000 settlement in a wrongful death case that one of its former attorneys took with him when he moved to Malone Middleman PC.

  • March 6, 2018

    ABA Warns Attys On Ethics Of Social Media 'Hypotheticals'

    Lawyers who posit “hypotheticals” based on real client details on their blogs and via Twitter risk running afoul of their duty to keep confidences, the American Bar Association warned Tuesday.

  • March 6, 2018

    SEC Pushes Back At Atty's Bid To Dismiss EB-5 Suit

    The U.S. Securities and Exchange Commission on Monday fired back at a motion to dismiss a case against an immigration lawyer and his law offices accused of defrauding clients by failing to disclose the commissions they received for the sale of EB-5 immigrant investments, saying the attorney acted as an unregistered broker to make surreptitious profits.

  • March 6, 2018

    Recruiter Told To Amend Simpson Thacher Search-Fee Suit

    A New York federal judge has urged an attorney recruiter that accused Simpson Thacher & Bartlett LLP of failing to pay a $937,500 matchmaking bill to amend its complaint against the law firm, saying at a Tuesday hearing it could narrow the dispute and get the case moving.

  • March 6, 2018

    9th Circ. Revives Loan Advice Suit Against Heller Ehrman

    A California federal bankruptcy judge erred when he decided the relationship between Heller Ehrman LLP and former client Paravue Corp. “conclusively terminated” in 2007 and started the clock running on Paravue’s $20 million malpractice suit, the Ninth Circuit said Monday.

  • March 6, 2018

    Dilworth Paxson Calls Suit Over RE Litigation Groundless

    Dilworth Paxson LLP on Monday asked a Pennsylvania state court to end a suit alleging that a former attorney at the firm knowingly filed several baseless actions aimed at stopping a Philadelphia resident’s objection to a condo development next to her house.

  • March 6, 2018

    ABA TechShow Tackles Mental Health With 12-Step Meetings

    Efforts to stem the tide of mental health issues such as addiction among lawyers are mounting, and an American Bar Association conference in Chicago this week is including 12-step meetings in its official schedule for the first time.

  • March 5, 2018

    Ex-Akin Gump Atty's Wife Pleads For Speaking Tour, Not Jail

    The wife of the ex-Akin Gump Strauss Hauer & Feld LLP attorney who admitted to trying to sell U.S. Department of Justice information asked a California federal judge to pass on sentencing him to jail and send him on a speaking tour instead, saying Monday that his kids need him at home.

  • March 5, 2018

    Walmart Seeks DQ Over Ex-Atty's Role In Slip-And-Fall Row

    Walmart asked a Nevada federal court on Saturday to disqualify a Las Vegas law firm from representing a woman who was allegedly injured after slipping at one of the retailer’s stores, contending that the firm surreptitiously installed one of the company’s former attorneys to represent the shopper and her husband.

  • March 5, 2018

    Feds Say McDonnell Doesn't Save NY's Silver From Retrial

    Manhattan federal prosecutors on Friday hit back at the latest move by former New York Assembly Speaker Sheldon Silver to dodge corruption charges, saying the U.S. Supreme Court’s landmark McDonnell case doesn’t mean the disgraced politician can escape a second trial.

  • March 5, 2018

    Ex-Broker Fights Sanctions Bid Over Tossed Call Recordings

    A former broker accused of ripping off his customers with excessive trading fees has pushed back on the U.S. Securities and Exchange Commission’s bid to have him sanctioned for throwing away a device containing customer call recordings, telling a New York federal court on Friday that his alleged act of evidence destruction was actually just an innocent mistake.

  • March 5, 2018

    Suge Knight Attys Charged With Witness Tampering

    Two lawyers who have represented Marion “Suge” Knight conspired to bribe potential witnesses in the jailed rap mogul’s murder case, according to indictments made public Monday.

  • March 5, 2018

    Heller Can't Take Ex-Partners' Fees, Calif. High Court Says

    The California Supreme Court ruled Monday that a dissolved law partnership is not entitled to profits from former partners’ continued work on hourly fee matters, in a long-fought battle stemming from the Heller Ehrman LLP dissolution.

  • March 5, 2018

    Justices Spurn Endo, NH Row Over Counsel In Opioid Probe

    The U.S. Supreme Court said Monday it will not hear Endo Pharmaceuticals’ appeal of a decision upholding New Hampshire’s right to use outside counsel Cohen Milstein Sellers & Toll PLLC to assist with an investigation into the drugmaker’s potential role in the opioid crisis.

  • March 5, 2018

    Atty Gets 2nd Crack At Suit Accusing Pa. Judge Of Slander

    The Pennsylvania Superior Court on Monday revived a Florida attorney’s lawsuit against a Pennsylvania judge who allegedly slandered him to a client at a mediation, finding the judge made a procedural error when raising a judicial immunity defense.

  • March 5, 2018

    Baker Donelson Can't End Billing Advice Malpractice Suit

    A year-old malpractice suit from a medical rehab company against its former law firm, Baker Donelson Bearman Caldwell & Berkowitz PC, includes genuine factual disagreements about what turned out to be erroneous advice about retroactive therapy billing and should proceed, a Mississippi federal judge said on Friday.

  • March 2, 2018

    NY Atty Dubbed Copyright 'Troll' Hit With $10K Sanction

    A New York federal judge laid into an attorney labeled a copyright “troll” with $10,000 in sanctions for failing to give a defendant notice of an initial hearing, saying the lawyer had caused undue stress to a small business owner and should have known better.

  • March 2, 2018

    Blank Rome Settles Claims Ex-Partner Misled Project Investor

    Blank Rome LLP has agreed to settle federal claims over its alleged liability for the actions of a former attorney accused of misleading a group of corporate investors on the potential of a failed Philadelphia real estate project.

  • March 2, 2018

    Atty's $4.3M Suit Says Sheppard Mullin Backed Ponzi Scheme

    A Los Angeles attorney has sued Sheppard Mullin Richter & Hampton LLP and one of its partners for $4.3 million in California state court, claiming the partner and firm committed legal malpractice and fraud by backing an investment opportunity that an arbitrator later deemed a Ponzi scheme.

  • March 2, 2018

    Fee Examiner Says Too Many Attys At Puerto Rico Hearings

    The firms representing Puerto Rico’s public debtors and creditor committees in the territory’s restructuring cases are sending too many professionals to court hearings and mediation sessions and are seeking excessive coverage for travel expenses, according to a fee examiner report filed Thursday.

Expert Analysis

  • Opinion

    Time To Root Out Political Interference With The DOJ

    Sen. Sheldon Whitehouse

    Congress and indeed the Justice Department itself have the tools to investigate political interference with our nation’s law enforcement and protect the DOJ from abuse. It’s time to use them, says Sen. Sheldon Whitehouse, D-R.I.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • Series

    40 Years Of FCPA: Compliance, Past And Future

    Hui Chen

    More than any other statute, the Foreign Corrupt Practices Act has fueled the growth of the compliance industry. While the expansion of corporate compliance is a positive development, the fear-driven and FCPA-centric approach has also produced unfortunate consequences, says ethics consultant Hui Chen, who served as the U.S. Department of Justice's first-ever compliance counsel.

  • Litigation Funding In Canada: More Of A Group Effort

    Lincoln Caylor

    Litigation funding in Canada has dramatically shifted since its original introduction, notably with the expansion to commercial cases and the development of portfolio financing. This has provided access to justice for clients who may not have been approved for single-case financing, and also helps law firms and lawyers differentiate themselves from competitors, says Lincoln Caylor of Bennett Jones LLP.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Can Company Counsel Be At Gov't Interviews Of Employees?

    John Irving

    Company attorneys often “demand” to be present for interviews of employees by government agents. But the government’s obligation to permit company counsel's presence depends on the circumstances, and is primarily rooted in attorney ethics rules prohibiting certain contacts with represented parties, says John Irving of Holland & Knight LLP.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.

  • 6 Things You Need To Know About Millennial Jurors

    Zachary Martin

    Millennials are now the largest living generation and comprise one-third of jurors. While it is impossible to generalize a group so large and diverse, trial lawyers should be mindful of certain generational differences, say baby boomer Lee Hollis and millennial Zachary Martin of Lightfoot Franklin & White LLC.

  • Series

    40 Years Of FCPA: A Journey From Conviction To Dismissal

    Janet Levine

    The twist in the Lindsey Manufacturing Foreign Corrupt Practices Act case was the truncated time in which we prepared. Having refused to waive their rights to a speedy trial, our clients took control of the case — this, along with the compressed time frame, forced the government to make errors, say Janet Levine, Sima Namiri-Kalantari and Megan Weisgerber of Crowell & Moring LLP.