Legal Ethics

  • February 7, 2018

    Insurer Must Cover Fraud Claims Against NJ Atty, Judge Says

    Evanston Insurance Co. must defend a New Jersey attorney against a state court lawsuit brought by Allstate accusing his firm and others of participating in a fraudulent personal injury protection claims scheme, because the allegations relate directly to his legal services, a federal judge ruled Wednesday.

  • February 8, 2018

    Foley & Lardner Slams DQ Bid In Suit Against Bock Hatch

    A Florida chiropractic clinic is fighting to keep Foley & Lardner LLP as its counsel in a malpractice suit alleging the clinic's former attorney David Oppenheim decamped with sensitive documents, calling Bock Hatch Lewis & Oppenheim LLC's bid to disqualify Foley “a litigation tactic under the guise of a motion to disqualify.”

  • February 7, 2018

    AT&T TCPA Class Claims Nixed Over Atty Husband's Fees

    A New York federal judge on Wednesday struck the class claims from a woman’s Telephone Consumer Protection Act suit against AT&T, finding that she could not suitably represent the class because her husband, who previously represented her, would seek fees in the case.

  • February 7, 2018

    Suit Funder Can’t Seek Payout In NJ After Ky. Loss: Judge

    A company that helped finance a personal injury case against defunct gas can maker Blitz USA can’t sue a Kentucky lawyer in New Jersey federal court to get what it says is its fair share of the proceeds, with a judge finding it already lost in the Bluegrass State.

  • February 7, 2018

    Dems Say NLRB Member Likely Violated Ethics Rules

    Congressional Democrats have asked National Labor Relations Board member Bill Emanuel to explain his participation in Browning-Ferris Industries Inc.’s closely watched appeal of the board’s joint employer standard, saying he likely violated an ethics pledge since his former firm Littler Mendelson PC represented BFI’s contractor.

  • February 7, 2018

    Latham's $1.6M Fee Bid An 'Obscene' Request, Atty Says

    A California judge on Wednesday tentatively granted Latham & Watkins LLP’s request for about $1.6 million in attorneys’ fees it paid to McKool Smith Hennigan PC for defeating a long-running malicious prosecution action, saying that the billings are typical for the Los Angeles area despite opposing counsel’s assertion they are “obscene.”

  • February 7, 2018

    Vice Chancellor OKs Fees In Investor Row, Blasts Bank Attys

    In an often-damning ruling, a Delaware vice chancellor on Wednesday granted stockholder attorneys their full $610,300 fee request for litigation rendered moot by HopFed Bancorp Inc.’s under-pressure overhaul of an improperly restrictive director nominating and eligibility bylaw last year.

  • February 7, 2018

    Ex-Paralegal Pleads Guilty To Stealing Immigration Fees

    A former paralegal has pled guilty to using forged documents to steal funds from his employer’s clients that were meant for U.S. Citizenship and Immigration Services fees, the Manhattan district attorney’s office said Tuesday.

  • February 6, 2018

    Judge Accused Of Aiding Fugitive Beau Rips 'Corrupt' Cops

    An attorney for a New Jersey state judge accused of hindering the apprehension of her boyfriend when he was wanted for armed robbery told a state court Tuesday that “corrupt” law enforcement officials refused to speak with defense counsel to conceal how they lied in securing a complaint against her.

  • February 6, 2018

    Manufacturer Urges RICO Suit Revival Over Asbestos Claims

    Industrial manufacturer John Crane Inc. asked the Seventh Circuit on Tuesday to resurrect its racketeering claims in Illinois federal court accusing two asbestos plaintiffs firms of bringing fraudulent asbestos exposure claims against it, saying the lower court had incorrectly found the firms did not have enough links to the company's home state to have personal jurisdiction over the case.

  • February 6, 2018

    'Serial Objector' Attys Dodge RICO Claims In Class Action

    Although she condemned so-called “serial objectors” and attorneys who would extort money from plaintiffs’ counsel through objections to settlements, an Illinois federal judge said Tuesday that the behavior of a Texas attorney doesn’t reach the requirements to bring Racketeer Influenced and Corrupt Organizations Act claims.

  • February 6, 2018

    Walmart Bid To Move TCPA Suit To Another Fla. Court Denied

    A Florida federal judge denied Walmart's bid to transfer to his court a putative class action by cellphone owners mistakenly robocalled by a Florida law firm collecting unpaid shoplifting debts for Walmart, ruling that the retail giant failed to follow the rules to transfer the suit.

  • February 6, 2018

    Colo. Atty Cops To Role In Alleged Pump-And-Dump Scheme

    A Colorado attorney pled guilty on Tuesday in Connecticut federal court to a conspiracy charge stemming from her alleged role in a pump-and-dump scheme involving stock in several public companies that she did securities work for, federal prosecutors said.

  • February 6, 2018

    Kozinski Case Highlights Need For Deep Judicial Reforms

    The quiet dismantling Monday of a sexual harassment investigation into former U.S. Circuit Judge Alex Kozinski, which was prompted by his resignation from the Ninth Circuit, came as no surprise to many judiciary experts, who say the case highlights a need for significant rule reforms by both judicial officials and Congress.

  • February 6, 2018

    Kirkland Says Ex-US Trustee Is Isolated From Ch. 11 Case

    Kirkland & Ellis LLP will not use a new hire to gain an unfair advantage as it represents creditors in Breitburn Energy Partners LP’s Chapter 11, the firm told a New York bankruptcy court on Tuesday, referring to a new attorney who previously oversaw the same case for the US Trustee.

  • February 6, 2018

    Duane Morris Malpractice Suit Deserves 2nd Shot, Atty Says

    A Philadelphia lawyer on Tuesday asked the Pennsylvania Superior Court to revive a malpractice suit accusing Duane Morris LLP of botching a federal appeal over a failed corporate deal to acquire a submarine fiber-optic network.

  • February 6, 2018

    6th Circ. Revives Ohio Atty's Malpractice Coverage Suit

    The Sixth Circuit on Tuesday revived a lawyer's coverage suit against a malpractice carrier in connection with a real estate deal, saying the underlying claim brought against the lawyer was not “reasonably foreseeable” after he investigated and decided there would likely not be a claim against him.

  • February 6, 2018

    Gibson Dunn Settles Billing Workers’ Age Bias Suit

    A California judge closed the book Tuesday on a lawsuit alleging Gibson Dunn & Crutcher LLP maintains a hostile work environment for older workers in its billing department, following a notice in November that said the parties reached a settlement.

  • February 6, 2018

    Mattis Fires Guantanamo Military Commission Chief

    Defense Secretary James Mattis has removed the head of military commissions for Guantanamo Bay prisoners less than a year after appointing him, the U.S. Department of Defense announced Monday.

  • February 6, 2018

    Ill. Judge Lied Repeatedly In $1.4M Scheme, Gov't Says

    Cook County, Illinois, Circuit Judge Jessica Arong O'Brien lied over and over as she applied for loans related to her two Chicago income properties, conning lenders out of more than $300,000, prosecutors said at the start of Judge O'Brien's fraud trial Tuesday.

Expert Analysis

  • Roundup

    Judging A Book

    Justice and Empathy

    Are the latest books on the judicial system worth reading? Federal judges share their thoughts in this series of book reviews.

  • Don't Waste This Planning Cycle: Year-End Strategies

    Hugh A. Simons

    Law firms are businesses where partners operate with significant autonomy. To see their priorities translate into individual partner action, firm leaders should use a few collaborative strategies, suggests Hugh A. Simons, former senior partner of The Boston Consulting Group and former COO of Ropes & Gray LLP.

  • From Snaps To Tweets: The Craft Of Social Media Discovery

    Matthew Hamilton

    Courts have consistently held that social media accounts are subject to established discovery principles but are reluctant to allow parties to rummage through private social media accounts. Recent case law confirms that narrowly tailored information requests get the best results, say Matthew Hamilton, Donna Fisher and Jessica Bae of Pepper Hamilton LLP.

  • Manafort Attorney's Testimony And The Limits Of Privilege

    Justin C. Danilewitz

    A D.C. federal judge's recent opinion requiring former counsel to Paul Manafort and Rick Gates to testify before a federal grand jury offers four lessons for defense counsel and their clients, says Justin C. Danilewitz of Saul Ewing Arnstein & Lehr LLP.

  • Feature

    An Interview With Former DHS Secretary Jeh Johnson

    Randy Maniloff

    Jeh Johnson, the former secretary of homeland security, was kind enough to let me visit him to reflect on his diverse career. He told stories that left me speechless. And yes, the man who was responsible for the Transportation Security Administration removed his shoes when going through airport security. You bet I asked, says Randy Maniloff of White and Williams LLP.

  • Hurdles To Consider When Securing A Personnel File

    Michael Errera

    Attorneys should follow seven key points to ensure that their discovery requests and pleadings are appropriately prepared to overcome common hurdles that may be encountered when requesting production of a personnel file, say Michael Errera and Paul Ferland of Foran Glennon Palandech Ponzi & Rudloff PC.

  • Series

    Judging A Book: Gilstrap Reviews 'Alexander Hamilton'

    Judge Rodney Gilstrap

    While Alexander Hamilton is the subject of a hit Broadway musical and renewed biographical examinations, professor Kate Brown takes us down a road less traveled in her book "Alexander Hamilton and the Development of American Law" — showing Hamilton as first, last and foremost an American lawyer, says U.S. District Judge Rodney Gilstrap of the Eastern District of Texas.

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Prepare For Big Changes To FARA Enforcement

    Brian Fleming

    All signs point to the U.S. Department of Justice enforcing the Foreign Agents Registration Act more aggressively. In addition, multiple pending legislative proposals would strengthen FARA and expand the DOJ’s enforcement powers, says Brian Fleming, a member of Miller & Chevalier Chtd. and former counsel to the assistant attorney general for national security at the DOJ.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.