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Legal Ethics

  • May 16, 2018

    Ex-Law Prof Asks 3rd Circ. To Rethink Deal On Plagiarism

    A former adjunct law professor asked the Third Circuit on Tuesday to reconsider its decision leaving in place a settlement he reached with Rider University after being accused of plagiarism, which he says was the result of the university suppressing evidence that he had been given permission to use another professor’s syllabus.

  • May 16, 2018

    Ex-IRS Atty Cops To Using Unauthorized Agency ID Card

    A former U.S. Internal Revenue Service attorney has admitted in New Jersey federal court to possessing an unauthorized federal agency identification card and displaying it during multiple traffic stops, according to authorities.

  • May 16, 2018

    Novartis GC Steps Down After News Of Cohen Payments

    The group general counsel of pharmaceutical company Novartis AG stepped down on Wednesday, the Swiss drugmaker said in a press release, in the wake of news reports that the business made monthly payments to an organization owned by President Donald Trump’s personal lawyer Michael Cohen.

  • May 15, 2018

    Litigation Funder Gets Appellate Fees After 3rd Circ. Win

    An appellate court judge agreed Tuesday to grant a New Jersey man’s litigation funder $30,000 to cover its appellate legal bills after the Third Circuit had affirmed as valid his deal with the company that backed a malpractice case he brought against Reed Smith LLP.

  • May 15, 2018

    Shuttered NC Law School Sues ABA Over Enforcement Action

    Charlotte School of Law sued the American Bar Association in North Carolina federal court Tuesday, claiming that enforcement actions by the organization related to law school accreditation violated the due process rights of the for-profit college and led to its closure last year.

  • May 15, 2018

    Widower Says Court Should Have Let Him Fix Engle Suit Error

    A smoker's widower urged the Florida Supreme Court on Tuesday to review an appeal's court's finding that he cannot amend and pursue an Engle progeny lawsuit mistakenly filed in his wife's name after she had already died, saying it directly conflicts with case law.

  • May 15, 2018

    Surgery Patient Can't Advance Atty 'Collusion' Suit

    A federal judge in Missouri has dismissed a legal malpractice suit in which a prison inmate accused his lawyer of being “in collusion” with opposing counsel in unsatisfactorily settling an underlying medical malpractice case, finding that the man couldn't meet the jurisdiction requirements necessary to bring his suit in federal court.

  • May 15, 2018

    Nonclass Attys Deserve Cut Of $10B VW Deal, 9th Circ. Told

    Hundreds of lawyers claiming their work helped secure the $10 billion resolution of multidistrict litigation from consumers over Volkswagen AG's diesel emissions scandal told the Ninth Circuit on Monday that they deserve a cut of attorneys' fees and costs because their contributions were significant.

  • May 15, 2018

    Ex-Katten Atty Says Gov't Inflating Retrophin Losses

    New York federal prosecutors and attorneys for former Katten Muchin Rosenman LLP attorney Evan Greebel have argued starkly different takes on losses suffered by Martin Shkreli-founded Retrophin Inc., with Greebel deeming the government’s $14.4 million figure vastly overinflated.

  • May 15, 2018

    Work-Hungry Firms Cede Ground On Security Retainer Fees

    The retainer fee has largely survived the financial push-and-pull between firms and corporate clients over the last decade, experts said, but some evidence is emerging that even companies with cash-flow problems have leverage to negotiate smaller upfront payments with their counsel.

  • May 15, 2018

    Ex-Mutual Benefits Atty Says Co. Wasn't A Ponzi Scheme

    Mutual Benefits Corp.’s former outside counsel asked the Eleventh Circuit on Tuesday to overturn his 10-year prison sentence for his role in a massive insurance scam, arguing that the prosecution’s framing of the business as a Ponzi scheme was completely wrong.

  • May 15, 2018

    3rd Circ. Clarifies Time Limit For FDCPA Suits

    The Third Circuit ruled Tuesday that the time limit to challenge debt collection practices isn’t tolled just because a debtor doesn’t discover alleged wrongdoing until after the fact, issuing a precedential decision departing from other federal appeals courts’ findings that the so-called discovery rule applies in such cases.

  • May 15, 2018

    Ex-Texas Atty Gets 6 Years, $3M Ding For Wire Fraud

    A former San Antonio attorney who pled guilty to wire fraud was sentenced in Texas federal court Tuesday to six years in prison and ordered to pay $2.9 million in restitution after taking millions of dollars in client money and lying to two clients about the result of their lawsuit.

  • May 15, 2018

    NJ Agency Blasts Trenk DiPasquale Bid To Limit Email Probe

    A defunct Newark water agency has pushed back against an informal bid by its former counsel Trenk DiPasquale Della Fera & Sodono PC to limit a forensic inspection of the firm’s electronic devices, telling a New Jersey bankruptcy judge that the request was a “back-door” attempt to evade a court order approving the inspection.

  • May 14, 2018

    Attys Clash Over Plaintiffs In Chiquita Terrorism Suit

    Attorneys representing Colombian nationals in multidistrict litigation alleging Chiquita funded Colombian paramilitaries clashed Monday, with three lawyers seeking sanctions against one other for wrongly asserting they have never met anyone from a group of 144 plaintiffs they represent, but the targeted attorney decried the motion as an intimidation tactic.

  • May 14, 2018

    50 Law Schools Ask Recruiting Firms If They Require NDAs

    Fifty of the nation’s top law schools have asked firms recruiting on campuses to complete a survey regarding their use of mandatory arbitration and nondisclosure agreements, following reports that some BigLaw firms have required summer associates to sign agreements covering sexual harassment and other workplace misconduct.

  • May 14, 2018

    Consumer Atty Can’t Redo $1.3M Fee Split In Collecto MDL

    A Connecticut attorney is not entitled to more than the $70,000 his peers allotted him for his relatively small role in a settlement with alleged robocaller Collecto Inc. that yielded $1.3 million in attorneys’ fees, a federal judge decided on Monday.

  • May 14, 2018

    Schiff Hardin Must Face Malpractice Suit, 5th Circ. Told

    Ironshore Europe DAC asked the Fifth Circuit on Monday to allow it to go forward with its claim Schiff Hardin LLP's bad advice about a product liability trial cost it $34 million, saying the law firm is liable under Texas law.

  • May 14, 2018

    Legal Malpractice Suit Was Tossed Too Soon, NJ Court Says

    A New Jersey appeals court on Monday revived a legal malpractice suit accusing a personal injury attorney of botching a woman’s twin car accident settlements, saying the trial judge erred by tossing the suit before factual disputes could be resolved.

  • May 14, 2018

    Jones Day Shorted Worker's Disability Benefits, Suit Says

    A former Jones Day employee accused the firm and an insurer in a lawsuit filed in Tennessee federal court Monday of improperly cutting off her short-term disability benefits and denying her other coverage.

Expert Analysis

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.

  • How To Serve Your Blind Client Effectively

    Julia Satti Cosentino

    While a client’s visual impairment can create challenges for an attorney, it also can open up an opportunity for both attorney and client to learn from each other. By taking steps to better assist clients who are blind or visually impaired, attorneys can become more perceptive and effective advisers overall, say Julia Satti Cosentino and Nicholas Stabile of Nutter McClennen & Fish LLP.

  • Opinion

    Evolving Due Process In The Digital Age

    Stephen Kane

    Because courts have not modernized as quickly as companies like Amazon, Tesla and Apple, Americans are becoming increasingly dissatisfied, but technological innovations may be able to help Americans access their due process, says Stephen Kane of FairClaims.

  • The Meaninglessness Of 'Disinterested'

    Richard Roth

    The Black Elk bankruptcy — related to the criminal indictment and upcoming trial of seven former Platinum Partners and Black Elk executives — involved a claimed disinterestedness that seems to indicate that the Bankruptcy Code’s disinterested requirement is something seasoned counsel can work around, says Richard Roth, a corporate and securities attorney.

  • Centers Of Influence Are Key To Small Law Firm Rainmaking

    Frank Carone

    In a national survey of 378 small law firms, partners ranked client referrals as the most important means of business development. Yet studies reveal that while professional services providers obtain most new clients from existing client referrals, their best new clients — the ones providing the largest pool of investable assets — overwhelmingly come from “centers of influence,” says Frank Carone, an executive partner at Abrams Fensterman.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.