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Legal Ethics

  • June 4, 2018

    Asbestos Litigators Escape Fraud Claims At 7th Circ.

    The Seventh Circuit upheld the dismissal of asbestos manufacturer John Crane Inc.’s fraud suits against a pair of plaintiffs firms over jurisdictional issues Monday, but the court urged the examination of claims the firms concealed information to increase their recovery against the company.

  • June 4, 2018

    $550M Social Security Fraud Lawyer Cops To Skipping Bail

    A Kentucky lawyer who helped bilk the Social Security Administration out of more than $550 million pled guilty on Monday to skipping bail, fraud and retaliating against a witness after a previous guilty plea on other fraud charges, putting him on the hook for another 15 years in prison.

  • June 4, 2018

    Atty's 17 Years For Stock Scheme Was Proper, Feds Say

    Prosecutors urged a Florida federal judge on Friday to reimpose a 17-year sentence on an attorney convicted of conspiring with former NFL player Willie Gault to inflate a heart-monitor company’s stock, arguing that the sentence is appropriate given the attorney’s “egregious conduct.”

  • June 4, 2018

    Atty Should Be Disbarred For Forgeries, DC Board Says

    A Maryland immigration attorney who was convicted in South Korea for stealing cash from a fellow airline passenger and then went on a document-forgery spree in an attempt to dodge responsibility should be disbarred, a District of Columbia disciplinary committee said Monday.

  • June 4, 2018

    Durie Tangri Won't Be DQ'd In Canned Twitter TM Suit

    A California federal judge has refused to disqualify Twitter’s law firm, Durie Tangri LLP, from a trademark suit it won last month against an internet programming host, finding that the firm’s previous representation of the host concerned issues not “substantially related” to the present suit.

  • June 4, 2018

    Judges Must Make Courts Safe Workplaces, Jurists Say

    A group of jurists and senior administrators from the federal courts on Monday released its findings into the judiciary’s procedures for handling workplace harassment complaints, recommending several reforms to the courts’ policies, including changing codes of conduct to emphasize judges’ special responsibility for ensuring that the courts are a safe and civil place to work.

  • June 4, 2018

    Phelan Hallinan Again Dodges Foreclosure Fee Class Suit

    A Pennsylvania appeals court has upheld the dismissal of a proposed class action against Phelan Hallinan & Schmieg LLP over foreclosure-related legal fees, agreeing Friday that expanded statutory protections against excessive charges were enacted too late for the couple filing the suit.

  • June 4, 2018

    Allergy Tester Wants Baker Donelson DQ'd From Antitrust Suit

    Baker Donelson Bearman Caldwell & Berkowitz PC shouldn’t be allowed to represent a Blue Cross Blue Shield unit in an antitrust suit brought by United Allergy Services, as the firm also represented UAS in related proceedings and still has access to its confidential information, the allergy testing company told a Louisiana federal court Friday.

  • June 4, 2018

    Homeowner Can't Get Fees For Withdrawn Foreclosure Case

    The Pennsylvania Supreme Court has ruled that a Philadelphia homeowner cannot collect attorneys' fees under a state consumer protection law because filing affirmative defenses rooted in the statute doesn’t qualify as filing an “action” under the measure.

  • June 1, 2018

    Latest Weinstein Class Action Includes New Rape Claim

    In a proposed class action filed Friday in New York federal court, three actresses claim Harvey Weinstein, Disney, Miramax, a former Brafman & Associates attorney and other companies, law firms and individuals comprised a “sexual enterprise” that facilitated the media mogul's predatory behavior, including a newly alleged rape.

  • June 1, 2018

    Canadian High Court Tosses Misconduct Finding For Rude Atty

    Canada’s highest court on Friday threw out a professional misconduct finding against a Toronto lawyer accused of rude attacks on government lawyers and other uncivil behavior during an insider trading trial nearly two decades ago.

  • June 1, 2018

    Attys Sanctioned Over Possible Fraud In HDMI Cable Suit

    A California man and his lawyers who have asserted his standing to intervene in a class action over allegedly misleading HDMI cable packaging have one week to show an Illinois state court judge the photo he’s claimed for more than a year proves his eligibility to oppose its settlement.

  • June 1, 2018

    Tax Atty Asks High Court To Review Frivolous Sanctions Row

    A tax attorney asked the U.S. Supreme Court Friday to review a Ninth Circuit decision affirming sanctions imposed on him by the U.S. Tax Court for what the Tax Court said were frivolous arguments raised to delay proceedings.

  • June 1, 2018

    FTC Attys Protected from LabMD Revenge Claim: DC Circ.

    Two Federal Trade Commission lawyers are immune from a lawsuit alleging they pursued an enforcement action against cancer-testing company LabMD over exposed patient data after they were criticized by the company’s owner, the D.C. Circuit said Friday.

  • June 1, 2018

    Lawyer Arrested For Lengthy Cyberstalking Campaign

    A purported lawyer charged in 2014 with a New York state harassment misdemeanor for threatening a woman he briefly dated after meeting her online was arrested Friday for what federal prosecutors called a vicious, ongoing stalking campaign against his victim.

  • June 1, 2018

    Ex-Prosecutor Wins Texas High Court Review Of Firing Suit

    The Texas Supreme Court agreed Friday to hear a wrongful termination suit brought by a former assistant district attorney who claims he was fired for handing over evidence that could benefit a criminal defendant as required by state and federal law, despite orders by his supervisors to keep the evidence under wraps.

  • June 1, 2018

    Whistleblower Allegedly Filed Doc Mocking Hastert Atty

    Counsel for former U.S. Speaker Dennis Hastert told an Illinois federal judge on Thursday a would-be whistleblower who accused Hastert of misusing federal funds filed documents with the court in which he secretly altered Hastert’s attorney Christian Poland’s name to “Christina.”

  • June 1, 2018

    Pa. High Court Drops Ex-Lawmaker's Appeal Of Conviction

    The Pennsylvania Supreme Court on Friday changed its mind about its decision to hear an appeal by a convicted former Legislature leader who claims that his attorney botched his defense by failing to preserve testimony from a group of witnesses.

  • June 1, 2018

    Steptoe Pay Bias Suit Headed To Arbitrator Post-Epic

    A California federal judge dismissed a former Steptoe & Johnson LLP associate's proposed pay equity class action against the firm on Thursday, after she and the firm agreed she must arbitrate her claims in light of the U.S. Supreme Court’s recent decision allowing class action waivers in the workplace.

  • May 31, 2018

    Atty Fighting Contempt Says Sister Was Prepared For Depo

    The lawyer for a travel agency objecting to a $139.3 million battery price-fixing class action settlement has told a California federal judge that a magistrate erred in recommending a contempt order against him and his client for bringing a “manifestly unprepared” corporate representative — his own sister — to a deposition.

Expert Analysis

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 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.