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Legal Ethics

  • September 10, 2018

    8th Circ. Backs $25K Atty Sanction In Enbrel Discovery Row

    The Eighth Circuit on Monday upheld a lower court's decision to limit discovery in a woman's suit alleging that a prescription psoriasis and arthritis drug led to her husband's death and to levy a $25,000 sanction against her attorney for trying to relitigate issues the court had already ruled on.

  • September 10, 2018

    Atty Gets 15 More Years For Fleeing US After $550M Scam

    A former Social Security disability lawyer who previously got hit with a 12-year sentence in absentia for his part in a $550 million fraud scheme received an additional 15-year sentence in Kentucky federal court for fleeing the country and retaliating against an informant, according to the U.S. Department of Justice.

  • September 10, 2018

    Auto Parts Maker Can't Nix Trademark Over Atty Error

    A Missouri federal court on Monday refused to cancel auto parts company O’Reilly Automotive Stores Inc.’s trademark over an inadvertent filing by the company’s attorney at the U.S. Patent and Trademark Office, finding that the error was not enough to constitute fraud.

  • September 10, 2018

    Pa. Atty Faces Claims Over Mishandled Business Interest

    For nearly 30 years, a Philadelphia-area lawyer acted as both legal counsel and partner in a local business without disclosing any conflicts of interest to his business partners, and a lawsuit filed in state court Monday alleges that he also failed to tell them about a $400,000 verdict against them.

  • September 10, 2018

    SEC Backs $7M In Fines For Ex-Life Partners Atty, CEO

    The U.S. Securities and Exchange Commission on Monday told a Texas federal court that it should adopt a recommendation to levy a combined $7 million in civil penalties against an attorney and former CEO for bankrupt life settlement trader Life Partners Holdings Inc., arguing that the pair’s objections to the penalties were baseless.

  • September 10, 2018

    Calif. Atty Makes Behind-Bars Plea To Toss SEC Fraud Case

    A California attorney, pilot and yachtsman convicted of running a $1.5 million pump-and-dump scheme wrote from prison to ask a Massachusetts federal judge to dismiss a U.S. Securities and Exchange Commission complaint against him, or continue to stay the enforcement action until his criminal appeal is complete, according to a motion filed Monday.

  • September 10, 2018

    Death Row Inmate Whose Atty Admitted Guilt Gets New Trial

    The Louisiana high court on Friday granted a death row inmate a new trial, finding that his lawyer's admissions of his client's guilt in the death of a child, made over the defendant's explicit objections, constituted ineffective counsel.

  • September 10, 2018

    Firm Beats Malpractice Suit Over $2.8M Loss In Contract Row

    Weber Gallagher Simpson Stapleton Fires & Newby LLP has escaped malpractice claims from the co-owner of a business over a firm attorney’s handling of an arbitration that led to a roughly $2.8 million judgment against the company after a New Jersey state appeals court ruled that the lawyer did not represent the man individually.

  • September 10, 2018

    Cozen O'Connor Slams Atty's Bid To Quit Pa. Malpractice Suit

    Cozen O’Connor asked a Pennsylvania judge to deny an attorney’s bid to withdraw from a case accusing the firm of botching a $6.8 million suit, claiming the Philadelphia court should immediately toss the case in light of a Third Circuit ruling rather than give the plaintiff time to find a new lawyer.

  • September 10, 2018

    Woman Seeks 9th Circ. Redo In Foley & Lardner RICO Suit

    A California woman has asked the Ninth Circuit to reconsider her suit accusing a San Diego-area school district and its lawyers at Foley & Lardner LLP of suppressing evidence and violating the Racketeer Influenced and Corrupt Organizations Act, arguing the court’s most recent ruling is at odds with two previous appellate decisions in the case.

  • September 7, 2018

    Measuring The Recession’s Toll On The Legal Industry

    For starting attorneys, the financial crisis casts a long shadow, even though the worst is past. Here’s our breakdown of the data showing its impact and where the industry’s headed.

  • September 7, 2018

    Too Small To Fail?

    It’s been almost 10 years since Lehman Brothers collapsed — kicking off a global recession and putting two Skadden partners on a path to building a firm that would weather the storm. Here's how upstarts and their larger rivals are positioning themselves for the next downturn.

  • September 7, 2018

    Insurer Won't Defend Firm Sued Over Slow Bankruptcy Filing

    Security National Insurance Co. Friday asked a Florida federal court to find it doesn't owe a law firm coverage for a client’s claim that a slow bankruptcy case filing cost it $6.4 million, saying the firm knew it was at risk for a malpractice suit when it got the policy and didn’t disclose it.

  • September 7, 2018

    Atty Referral Co. Owner Accused Of Paying Cops For Leads

    The owner of an Illinois attorney referral business was indicted Thursday on federal bribery charges alongside two Chicago police officers whom he's accused of paying to give him nonpublic information on car crashes as leads for cases.

  • September 7, 2018

    State Farm Deal Takes Spotlight Off Judicial 'Dark Money'

    Judicial ethics experts are lamenting the last-minute $250 million settlement of a case accusing State Farm of rigging an Illinois Supreme Court election, calling it a missed opportunity for a public airing of the river of “dark” campaign money flowing into judicial races.

  • September 7, 2018

    Baker Donelson Fined Over Discovery 'Misunderstanding'

    A Washington federal judge on Friday ordered Baker Donelson Bearman Caldwell & Berkowitz PC and Corr Cronin LLP to each pay $500 in sanctions for attempting to use a “misunderstanding” as a “weapon” in a motion for a quick win in a fraud suit.

  • September 7, 2018

    Sidley Austin Atty Must Answer Questions In Investor Suit

    A Florida federal judge on Thursday ordered a Sidley Austin LLP partner to respond to questions he’d previously declined to answer during a deposition in a putative class action brought by a Linkwell Corp. investor claiming that two mergers allowed former executives to walk away with Linkwell’s main revenue generator while freezing out shareholders.

  • September 7, 2018

    7th Circ. Refuses To Grant Atty's Bid To Pull Out Of Bar

    The Seventh Circuit on Friday declined to revive a suspended attorney’s suit arguing that he should be allowed to withdraw from the district court bar before being reinstated, saying that the court did not allow for strategic withdrawals.

  • September 7, 2018

    Colo. Firm Publishes Credit Scores In Court Filings, Suit Says

    A Denver-based law firm has been hit with a proposed class action alleging it routinely publishes consumers’ credit scores in court filings when attempting to collect on debts in violation of the Fair Debt Collection Practices Act.

  • September 7, 2018

    NJ Judge Censured Over Profane Rant During DWI Arrest

    The New Jersey Supreme Court has censured a municipal court judge who faced ethics charges over a profanity-laced tirade he allegedly unleashed while being arrested on suspicion of drunken driving two years ago, according to a high court order released Friday.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • 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.