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Legal Ethics

  • August 29, 2018

    Atty For Mayer Brown Partner's Accused Killer To Withdraw

    The lawyer representing the man accused of killing Mayer Brown LLP appellate practice leader Stephen Shapiro plans to withdraw from the Cook County, Illinois, murder case because of the time and money it would take to effectively represent him, Law360 learned Wednesday.

  • August 29, 2018

    Clifford Chance To Pay $132K In DOJ Citizenship Bias Probe

    Clifford Chance US LLP has agreed to pay a $132,000 penalty to resolve a claim that it unlawfully discriminated against non-U.S. citizens and dual citizens by refusing to staff them for a client project, the U.S. Department of Justice announced on Wednesday.

  • August 29, 2018

    Trump Says McGahn Will Leave After Kavanaugh Confirmation

    White House Counsel Don McGahn, the former Jones Day partner who has spearheaded the administration's overhaul of the federal judiciary, will step down in the fall after the confirmation battle over U.S. Supreme Court nominee Brett Kavanaugh, President Donald Trump said Wednesday.

  • August 28, 2018

    Johnny Depp's Former Attys Can't Enforce Oral Fee Deal

    A California judge on Tuesday granted Johnny Depp's bid to dismiss a claim by his former attorneys at Bloom Hergott Diemer Rosenthal LaViolette Feldman Schenkman & Goodman LLP that he breached their oral fee agreement, saying the show business deal is no different from any other attorney contingency fee agreement and thus is voidable since it had not been put in writing.

  • August 28, 2018

    Atty's Restitution Reduced By $12.2M In Stock Scheme

    A Florida federal judge on Tuesday reduced by $12.2 million the restitution owed by an attorney for allegedly conspiring with former NFL player Willie Gault to inflate a heart-monitor company's stock, finding the attorney was responsible for only $1 million in losses.

  • August 28, 2018

    Calif. Judge Signals 'Regret' Over Court Immigration Arrest

    The presiding judge of a Sacramento court where a federal immigration agent last week arrested a man inside a courtroom said Monday that such actions will scare off potential witnesses and frustrate prosecutions, expressing "regret" about the incident and vowing to avert a repeat.

  • August 28, 2018

    UpCounsel Must Face IP Firm's Trimmed False Ad Suit

    A California federal judge on Tuesday said she would keep intact at least a portion of an intellectual property firm's lawsuit claiming online legal services company UpCounsel Inc. falsely advertises how much it collects from attorneys in fees, saying during a hearing "they claim they're not getting any referral amounts, but they sure do seem like they are."

  • August 28, 2018

    Calif. Ethics Panel Bans Ex-Judge From Future Office

    The California Commission on Judicial Performance decided Monday to ban a recently retired Contra Costa County judge from serving in judicial office in the future, saying that the judge ignored proper protocol in several instances, including advising a prosecutor on strategy while a trial was ongoing and without a defense attorney present.

  • August 28, 2018

    SAP, HP Can't Shake E-Commerce Patent Suit Under Twombly

    A California federal judge on Tuesday refused to toss a software company’s suit claiming SAP America Inc. and HP Inc. infringed its patented e-commerce designs, finding the allegations pass the pleading bar under the high court's Twombly ruling.

  • August 28, 2018

    Pa. Atty Says Court Ignored Proof Illness Kept Him From Case

    A Pennsylvania lawyer facing a $2.3 million frivolous litigation judgment urged a state appeals court Tuesday to grant him a new trial, saying a lower court judge refused to postpone the case even though he submitted proper proof of the illness that forced him to miss the proceedings.

  • August 28, 2018

    Texas Man Can’t Revive Claim Atty Erred In Stolen Semen Row

    A Texas appeals court on Tuesday affirmed a lower court’s decision to dismiss a suit alleging an attorney cost his former client a job by overly publicizing an underlying suit that claimed a fertility clinic improperly used the man's semen, and upheld a finding the client likely fabricated evidence.

  • August 28, 2018

    'Securities Fraudster' Money Can't Pay Law Firm, SEC Says

    The U.S. Securities and Exchange Commission urged an Illinois federal judge Tuesday to disregard Braganca Law LLC’s bid for attorneys' fees in a suit claiming real estate investment firm Equitybuild Inc. is really just a $135 million Ponzi scheme, saying “securities fraudsters cannot use investor proceeds to fund their legal defense.”

  • August 28, 2018

    7th Circ. Backs Disbarred Atty's Fraud Conviction, Sentence

    The Seventh Circuit on Monday affirmed a conviction and two-year sentence for a disbarred Indiana attorney who bilked a defunct grocery chain of more than $330,000, saying there was “plenty of evidence” to support the mail fraud conviction that put him behind bars.

  • August 28, 2018

    Ill. Firm Can't Use Arbitration Over Exit Claims, Atty Says

    An Illinois lawyer has told a federal judge that Chicago law firm Williams Montgomery & John Ltd. couldn’t force arbitration in his suit accusing the firm of stiffing him on benefits after he left the firm, arguing that arbitration provisions in employment and shareholders’ agreements didn’t cover his claims.

  • August 28, 2018

    After Battling Over Pay Equity, Can A Partner Stick Around?

    It is not uncommon for a legal row between an attorney and their firm to end in a confidential settlement, but when a recent high-profile dispute brought by a D.C.-based employment partner against Proskauer Rose LLP came to a resolution, one thing stood out: the partner was still with the firm.

  • August 27, 2018

    Calif. DA Faces 6-Month Suspension For Hiding Jail Letters

    An Orange County, California, deputy district attorney "lost sight of her prosecutorial duties" when she failed to give a defense lawyer copies of jail letters she had secretly collected amid a felony child abuse case and should be suspended for six months, a California disciplinary court said in a recent opinion.

  • August 27, 2018

    McGraw-Hill Loses DQ Bid Against Attys Repping NJ Photog

    A Pennsylvania federal judge on Monday denied McGraw-Hill’s request to disqualify a law firm representing a New Jersey photographer in a copyright suit because it hired a consultant who previously worked for the textbook giant, saying she was concerned the bid was a litigation “tactic.”

  • August 27, 2018

    Loeb & Loeb Slips Ex-Client's Suit Alleging Misfiled IP Notices

    A California federal judge on Monday dismissed an inventor’s suit alleging that after he fired Loeb & Loeb LLP, the firm filed notices to transfer patents he allegedly owned to other companies, ruling that there is no federal jurisdiction over the claims, but they may be brought in state court.

  • August 27, 2018

    BigLaw Partner Denies Exposing Himself In NYC Gym Sauna

    A partner at Hughes Hubbard & Reed LLP pled not guilty at arraignment Monday to charges of public lewdness and exposing himself for allegedly masturbating in front of another man in the sauna of a downtown Manhattan gym.

  • August 27, 2018

    New York Law Puts Atty Referrals In Privilege Safe Zone

    New York's governor on Friday signed a bill giving the full protection of the attorney-client privilege to communications between a would-be client and a lawyer referral service.

Expert Analysis

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • How We Got Here: A Look Back At Trailblazing Women In Law

    Jill Norgren

    Today's female lawyers stand on the shoulders of several generations of pioneers. Here, historian Jill Norgren explains how the status of women in the legal profession has changed since the 1870s.

  • Getting The Snaps And Tweets Into Evidence

    Matthew Hamilton

    Litigants who proffer data obtained from social networking sites like Facebook, Twitter and Instagram must authenticate that data before it will be admitted as evidence. Attorneys with Pepper Hamilton LLP examine decisions from Pennsylvania and other jurisdictions to determine whether courts are imposing a more demanding standard for social media data than other documentary evidence.