Legal Ethics

  • December 5, 2017

    ND Tribe Member Fights Fee, Interest Bids In Royalty Beef

    A Three Affiliated Tribes member and his current attorney are challenging a pair of requests made by Enerplus Resources Corp. in its $3 million royalty overpayment dispute, telling a North Dakota federal court Monday that the requested attorneys' fees are excessive and the oil and gas exploration company isn’t entitled to prejudgment interest.

  • December 5, 2017

    Crocs Wants Apology For Repeated Lawsuits

    Crocs Inc. asked a Nevada federal judge for sanctions on Monday against a Canadian footwear company, including an apology, arguing that this is the third time it has improperly sued Crocs to obtain litigation leverage in separate proceedings and a “free pass” for disparaging media coverage.

  • December 4, 2017

    Level Global Exec Fights Insider-Trading Raid At 2nd Circ.

    Level Global Investors LP founder David Ganek asked the Second Circuit on Friday to rethink its October dismissal of his claim that a 2010 insider-trading raid violated his rights, saying evidence used to justify the raid was fabricated and shouldn’t be shielded by probable cause established from other information.

  • December 4, 2017

    High Court Won't Hear Ex-Kan. AG's Suspension Appeal

    The U.S. Supreme Court on Monday refused to take up former Kansas Attorney General Phill Kline's challenge to the indefinite suspension of his law license for misconduct in probing abortion providers, marking the second time the high court has declined to weigh in on the issue.

  • December 4, 2017

    Immigrant-Duping Calif. Atty Charged With Felony Theft

    A disbarred immigration attorney on Monday pled guilty in a California state court to 15 felony counts of grand theft for defrauding citizenship-seeking clients and agreed to pay them $371,709 in restitution, according to an announcement from state attorney general Xavier Becker.

  • December 4, 2017

    NJ Atty Sued After Appeal Nixing $102M Child Abuse Verdict

    A New Jersey lawyer has been slammed with a state court lawsuit alleging that he mishandled litigation in which a state appeals court tossed a $102 million verdict issued against the state’s child protection agency over severe injuries suffered by a boy at the hands of his father.

  • December 4, 2017

    Fla. Bar Wants Ex-President Off $11.4M Antitrust Suit

    A former Florida Bar president should not continue representing a traffic ticket services startup suing the organization and a law firm for $11.4 million for allegedly undermining its business, the bar told a Florida federal court, arguing the use of confidential legal information he received in that role violates a fiduciary duty.

  • December 4, 2017

    Blasingame Burch Freed From Ex-Client's Pelvic Mesh Suit

    A West Virginia federal judge on Monday tossed a suit against Blasingame Burch Garrard & Ashley PC by a pelvic mesh class member who said she was pushed into a settlement and the money became property of her bankruptcy estate, saying a different court already settled the question of whose property it was.

  • December 4, 2017

    Judge With Alzheimer's Who Let Clerk Hear Cases Pushed Out

    The Illinois Courts Commission on Friday retired a Cook County judge who revealed her Alzheimer's diagnosis after an incident in which she allowed her law clerk to don a judge’s robe and adjudicate several traffic cases, rejecting her argument that she was “effectively retired” and that such a removal action is unnecessary.

  • December 4, 2017

    UF Blocked Law Professor's Sabbatical Pay, Jury Told

    Counsel for a University of Florida law professor told a Florida jury during Monday opening statements that the school promised the professor a paid sabbatical to settle a discrimination lawsuit, but violated the deal by blocking Boston University from paying him $102,000 to teach during the sabbatical.

  • December 4, 2017

    Prosecutor Accuses Texas County Of Racial Discrimination

    A former prosecutor with the Tarrant County, Texas, district attorney's office sued the county in state court Monday claiming she was consistently passed over for promotion because she is black.

  • December 4, 2017

    FBI Pressured Witness With Surprise Visit, Greebel Atty Says

    An attorney for former Katten Muchin Rosenman LLP attorney Evan Greebel told the New York federal judge overseeing his fraud trial Monday that federal agents had improperly pressured a potential defense witness by arriving unannounced at his apartment door.

  • December 4, 2017

    Shareholder Attys Liable For Firm’s $1.3M Unremitted Tax

    Former shareholders of a now-defunct law firm are personally liable for almost $1.3 million in unremitted withheld payroll taxes to the Internal Revenue Service, a judge in the Southern District of New York ruled on Monday.

  • December 4, 2017

    3rd Circ. Upholds Fees To Atty In Pa. Gaming Inquiry Row

    The Third Circuit on Monday upheld a ruling requiring two businessmen associated with a Pennsylvania casino project to pay the legal fees of an attorney who they accused in an ultimately unsuccessful lawsuit of sabotaging their dealings with state gaming regulators.

  • December 4, 2017

    Accused Film Scammer Says No Atty Conflict Over Trump Ally

    A California man accused in Manhattan federal court of stealing $12 million from film investors said Monday he is sticking with his lawyer, Walter Mack of Doar Rieck Kaley & Mack, despite a prosecution letter suggesting Mack could face a conflict because of his work representing President Donald Trump's ex-lobbyist Rick Gates in Washington, D.C.

  • December 1, 2017

    New Docs Dispute 'Not Qualified' Rating For 8th Circ. Pick

    In documents Eighth Circuit nominee L. Steven Grasz has provided to the Senate Judiciary Committee, the Husch Blackwell LLP senior counsel denies he ever violated a state statute in a Nebraska judicial selection process, a claim made at a hearing last month by the American Bar Association, which also deemed Grasz "not qualified" for the post.

  • December 1, 2017

    Former Paul Weiss Atty Gets 5 Years On Child Porn Charge

    A former Paul Weiss Rifkind Wharton & Garrison LLP staff attorney was sentenced in Virginia federal court on Friday to five years in prison for distributing videos of child sexual abuse, according to the U.S. Attorney’s Office — a lighter sentence than recommended by prosecutors.

  • December 1, 2017

    NY District Atty Charged With Perjury, Won't Resign

    A New York district attorney told reporters he wouldn’t resign after the unsealing Friday of a grand jury indictment charging him with two counts of official misconduct and one count of perjury, stemming from his handling of the death of a man shot by police.

  • December 1, 2017

    Former Ill. Clerk Says She Was Fired For Reporting Tampering

    A former Lake County Circuit Court employee hit the county and her former superiors with a suit in her native Cook County Thursday, alleging her firing exactly a year ago was retaliation for blowing the whistle on her colleagues who tampered with evidence, tinkered with criminal case files, and even changed the undocumented immigration status of previously deported felons.

  • December 1, 2017

    Attys Needn't Be DQ'd In General Mills Age Bias Row: Judge

    A Minnesota federal magistrate judge on Friday recommended against disqualifying Snyder & Brandt PA and Nichols Kaster PLLP from representing former General Mills Inc. employees bringing age discrimination claims against the food giant, saying the attorneys took sufficient steps to prevent the minimal possibility that a worker had access to confidential information.

Expert Analysis

  • Opinion

    Representing Women At The Intersection Of Law And Finance

    Andrea Mitchell

    To the extent that companies have tolerated predominantly male leadership in the past because it was deemed necessary for growth and prosperity, or viewed diversity and the underrepresentation of women strictly as human resources issues, a growing body of research suggests otherwise, say Andrea Mitchell and Valerie Hletko of Buckley Sandler LLP.

  • Series

    Making Pro Bono Work: Building Sponsorship Relationships

    Michael Scudder

    Within their first year, associates should make it a priority to take on a pro bono matter and approach a partner about supervising the project. By collaborating with a partner on a pro bono case, young associates can cultivate sponsorship relationships while simultaneously contributing to the public good, say Michael Scudder and Jay Mitchell of Skadden Arps Slate Meagher & Flom LLP.

  • Series

    What I Learned In My 1st Year: Be A Sponge

    Patrick Mendes

    As a new attorney, it was astonishing to realize how little I knew. I soon began to appreciate that everyone I met had a unique take or way of doing something. Many things I learned during that first year from my colleagues are still incorporated into my practice today, says Patrick Mendes of Tyson & Mendes LLP.

  • Series

    Making Pro Bono Work: Beyond The Hurdles

    Ann Warren

    There are various barriers to corporate pro bono work, including lack of malpractice insurance coverage, limited resources, and the transactional nature of the majority of in-house legal work. But at the end of the day, we’ve overcome many of these barriers, says Ann Warren, associate general counsel of Duke Energy Corp.

  • Series

    Judging A Book: Pryor Reviews 'Scalia Speaks'

    Judge William Pryor

    Christopher Scalia and Edward Whelan have published an indispensable collection of the late Justice Antonin Scalia's best speeches. "Scalia Speaks: Reflections on Law, Faith, and Life Well Lived" puts on full display Justice Scalia’s skilled writing, quick wit and uncommon wisdom on a wide range of topics — from law to turkey hunting, says Judge William Pryor of the Eleventh Circuit.

  • Testing Judicial Control Over Attorney Conduct At Depositions

    Mark Shifton

    While few depositions feature such entertaining colloquies by counsel as are found in Corsini v. U-Haul, obstructive conduct at depositions continues to run rampant in many circles. And courts are increasingly open to taking a greater role in policing improper conduct, say Mark Shifton and Mila Shtelmakher of Seiger Gfeller Laurie LLP.

  • Financial Crisis Anniversary

    The Inside Counsel Revolution

    Ben Heineman

    The role of the general counsel has significantly grown in importance, with the GC now often replacing the senior partner in the outside law firm as the primary counselor for the CEO and the board. This inside counsel revolution was given great impetus by the financial crisis that started 10 years ago, says Ben Heineman Jr., former general counsel of General Electric Co.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.