Legal Ethics

  • November 22, 2017

    Arent Fox Still Can't Get Access To Docs In Malpractice Suit

    A New York federal judge said Tuesday he sees no problem with a magistrate judge’s recommendation denying Arent Fox LLP access to communications between a former client suing the firm for malpractice and that client’s other attorneys.

  • November 22, 2017

    Shkreli Deal Legit, Investor Says Ex-Katten Atty Told Him

    A former commodities trader and investor in one of Martin Shkreli's hedge funds and pharmaceutical company Retrophin Inc. told jurors Wednesday of how former Katten Muchin attorney Evan Greebel assured him that an allegedly sham deal to pay him off for his investment was aboveboard.

  • November 22, 2017

    Marine General Freed In Guantanamo Trial Ethics Dispute

    The chief defense counsel for military commissions involving prisoners held at the U.S. military base at Guantanamo Bay, Cuba, has been released from confinement despite a decision from the Office of Military Commissions upholding a military judge’s contempt charge against him, the Pentagon said in a statement received by Law360 on Wednesday.

  • November 22, 2017

    Hunton Moves To Toss $34M Stanford Deal Objections

    Hunton & Williams LLP asked a Texas federal judge Tuesday to reject the objections that have been raised to its $34 million deal to settle allegations that it aided Robert Allen Stanford’s $7 billion Ponzi scheme, saying the settlement is fair and won’t impact the rights of other parties embroiled in litigation over the scheme.

  • November 22, 2017

    ‘Mass Lateral’ Moves No Silver Bullet For Beleaguered Firms

    BigLaw firms at risk of insolvency may find plenty to like about a “mass lateral” move to a competitor in lieu of a full wind-down, one of several routes that Sedgwick LLP has considered in the lead-up to its planned closure. However, choosing to walk away from the business rather than seek bankruptcy carries its own set of complications, as evidenced by the ongoing fallout from Novak Druce’s dissolution.

  • November 22, 2017

    DA Office Not A Judicial Agency For Records Law: Pa. Court

    A county district attorney’s office should not be treated as a “judicial agency” under a Pennsylvania public records law and therefore should not be afforded the same public disclosure protections, that state's high court said Wednesday.

  • November 22, 2017

    Pa. Justices Uphold Judges' Removal In Case-Fixing Scheme

    The Pennsylvania Supreme Court on Wednesday affirmed the removal of a pair of Philadelphia County judges from the bench following a case-fixing scandal, concluding that a state judicial ethics panel was permitted to veer away from prior precedent in meting out punishments.

  • November 22, 2017

    Judge's Election Shows Small Audience For Pa. Bar Ratings

    For the first time in 16 years, Pennsylvania voters earlier this month elected a candidate deemed “not recommended” by the state’s bar association to an appellate court seat, suggesting that information about the qualifications of judges is not getting through to the people who choose them.

  • November 21, 2017

    Union Atty Demands List Of New NLRB Member's Clients

    A union attorney on Monday filed a motion with the National Labor Relations Board calling for new board member and former Littler Mendelson PC shareholder Bill Emanuel to recuse himself from all cases until his former firms produce lists of all the clients he represented.

  • November 21, 2017

    7th Circ. Vacates 'Ponzi' Atty's Sentence, Again Remands

    A Seventh Circuit panel Tuesday vacated a 10-year sentence for a former attorney who pled guilty to wire fraud after the government discovered he had swindled clients for years by stealing settlement proceeds, ruling that the lower court didn’t allow him to address the judge before sentencing.

  • November 21, 2017

    Attys On Both Sides Of Jeep Row Sanctioned By Calif. Judge

    Attorneys on both sides of a lawsuit that accuses Fiat Chrysler Automobiles of failing to honor the warranty on an allegedly faulty Jeep Grand Cherokee were sanctioned by a California federal judge Tuesday for missing court deadlines.

  • November 21, 2017

    NY Atty Seeks To Avoid Jail For Pump-And-Dump Scheme

    A New York attorney who pled guilty in August to playing a role in a pump-and-dump scheme urged a Florida federal judge Monday not to send him to jail, saying his crime was inexcusable but “an aberration in an otherwise exceptionally upstanding life.”

  • November 21, 2017

    Whistleblower Attys Fight Sanctions In Hastert Case

    Illinois attorneys who represented a whistleblower in an unsuccessful suit against former U.S. House Speaker Dennis Hastert for alleged misuse of government funds are seeking to overturn sanctions imposed on them for pursuing the litigation in the face of what the court deemed case-ending evidence.

  • November 21, 2017

    Ex-Galleon Trader Says He Didn't Report Shkreli To Feds

    A former Galleon Group trader turned Deutsche Bank project manager on Tuesday told jurors that he never reached out to federal prosecutors about his suspicions that Martin Shkreli was engaged in a market manipulation scheme with Retrophin Inc. stock despite having dropped the dime on his old boss at Galleon.

  • November 21, 2017

    NJ Fights To Keep Judge's Misconduct Claims In Public View

    The New Jersey judiciary and three judges fighting a fellow jurist’s bias lawsuit on Monday urged a federal judge to deny his request to shield information relating to an underlying misconduct probe, arguing that he already made the information public in his complaint.

  • November 21, 2017

    Judge Slams Battery Co.'s 'Gamesmanship' In Antitrust MDL

    A California federal judge on Tuesday threatened to sanction Simplo USA and hold it in contempt for violating orders requiring the lithium-ion battery pack developer to hand over sales data in multidistrict litigation over an alleged conspiracy to fix battery prices, saying “all I see is gamesmanship — nothing else.”

  • November 21, 2017

    Del. Chancery Won't DQ Morris Nichols From Dollar Tree Case

    A Delaware Chancery Court judge Tuesday denied a request to disqualify Morris Nichols Arsht & Tunnell LLP from representing Dollar Tree in an ongoing dispute with spinoff company Dollar Express on the grounds that the law firm had given prior legal advice on the dividend distribution that is at the heart of the case.

  • November 21, 2017

    Davis Polk Sustains Racial Bias Suit Win In 2nd Circ.

    The Second Circuit on Tuesday upheld a ruling that there was no evidence Davis Polk & Wardwell LLP discriminated against Hispanic employees by paying their white workers more, finding a web editor failed to establish a causal connection between her failure to land a promotion and racial discrimination.

  • November 21, 2017

    Trial Comments Didn't Sink Threats Case, NJ Panel Says

    The New Jersey Appellate Division on Monday refused to overturn the conviction of a man accused of making terroristic threats against two business associates in a pay phone venture and two attorneys, ruling that a prosecutor’s trial summation comments didn’t prejudice the jury.

  • November 21, 2017

    Mueller Says Trump Associate’s Defense Atty Has Conflict

    Special Counsel Robert Mueller’s office is waving red flags about the lawyer representing President Donald Trump's ex-lobbyist Rick Gates in a money-laundering case that spun out of the 2016 election, saying the Manhattan white-collar attorney has a glaring conflict of interest.

Expert Analysis

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases

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    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • The Case For Ethical Due Diligence

    Azish Filabi

    Research shows that running an ethical company pays in the long run, since the alternative increases legal and enforcement costs and impacts a firm’s reputation. But a recent case highlights the issue of hidden ethics risks in mergers and acquisitions. Prudent acquirers must fully assess the internal ethical culture of a target organization, says Azish Filabi of Ethical Systems.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • Unfunded Pension Liabilities: Caveat Emptor, Caveat Esquire

    Douglas Darch

    Ask any lawyer and they will tell you that, outside of a stock sale, a purchasing company has substantial control over the liabilities it acquires from the target company. Two recent federal court decisions, however, demonstrate the limitations of this general rule when unfunded pension liabilities are at issue, say Douglas Darch and Alexis Hawley of Baker McKenzie.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

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    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Opinion

    We Must Protect Consumers From Illegal Debt Collectors

    Maura Healey

    Companies are allowed to collect the money they are owed, but they cannot break the law or cheat people in the process. Some of the biggest players in the debt collection industry are not focused on getting it right, says Massachusetts Attorney General Maura Healey.

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.