Legal Ethics

  • November 30, 2017

    Ex-Akin Gump Atty Pleads Guilty In DOJ Suit-Selling Case

    A former partner at Akin Gump Strauss Hauer & Feld LLP pled guilty in California federal court Wednesday to charges that he stole a sealed government complaint while still employed with the U.S. Department of Justice and tried to sell the information to a cybersecurity company then under investigation.

  • November 30, 2017

    Pa. Judicial Conduct Board Not Subject To Records Request

    In a precedential ruling Thursday over a Right-to-Know Law request, the Pennsylvania Commonwealth Court found that the state’s Judicial Conduct Board, which prosecutes disciplinary cases against judges, qualifies as a judicial agency and is not subject to the jurisdiction of the Office of Open Records.

  • November 29, 2017

    Fla. Appeals Court Backs Atty's Exit From Malpractice Suit

    A Florida appeals court affirmed Wednesday a summary judgment releasing an attorney from a legal malpractice suit, saying the lower court properly found that the lawyer had successfully tolled the statute of limitations on his former client's injury claims and should not face negligence allegations.

  • November 29, 2017

    Atty Slams Ocwen Bid To 'Fling Mud' At Him Over TCPA Deal

    Counsel for a class action alleging Florida-based Ocwen Loan Servicing unlawfully autodialed their cellphones urged an Illinois federal court to reject the company’s attempts to "fling mud" at him after it filed a bid for a hearing to determine whether he breached a confidentiality agreement. 

  • November 29, 2017

    Judge Blames Uber Deputy GC For Waymo IP Trial’s Delay

    A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”

  • November 29, 2017

    Gawker Estate Fights Efforts To Stymie Its Probe Into Thiel

    The bankruptcy plan administrator for Gawker Media LLC said Wednesday that efforts made by billionaire Peter Thiel to impede a probe into his funding of litigation that brought down the defunct gossip news website should be denied along with a bid to insert himself into the potential sale of company assets.

  • November 29, 2017

    NY AG Says Legal Nonprofit Director Used Charity As ‘Slush Fund’

    The New York attorney general sued and settled with the former head of the New York Legal Assistance Group on Wednesday, saying Yisroel Schulman diverted the nonprofit’s money to donor-advised funds without board permission and misused and misrepresented its assets.

  • November 29, 2017

    Atty Seeks Arbitration For Ex-Pot Co. Exec's Malpractice Suit

    The attorney accused by a former marijuana vending machine mogul of being partly to blame for alleged securities law violations that led to a $12.3 million settlement with the U.S. Securities and Exchange Commission told a California federal court on Tuesday that the malpractice suit against him and his firm belongs in arbitration.

  • November 29, 2017

    Morgan Lewis Slams Fox News Attys In Cyberstalking Suit

    A Morgan Lewis & Bockius LLP attorney told a New York federal judge Wednesday he has “never seen a group of lawyers so quick to threaten sanctions” as those for Fox News in a suit alleging the network cyberstalked an ex-analyst, a day after the network cited Morgan Lewis' words to push for sanctions against the analyst and her former attorney.

  • November 29, 2017

    McDermott Urges Toss Of Westlaw Widow's Malpractice Suit

    A California judge on Wednesday tentatively denied McDermott Will & Emery LLP’s bid to dodge a $7.5 million malpractice suit over an allegedly botched inheritance to the widow of attorney Dwight Opperman, whose former company created Westlaw, but held off on finalizing her decision after oral arguments over whether the claims are time-barred.

  • November 29, 2017

    Ex-Comverse GC Loses FOIA Bid Tied To 'Backdating' Scam

    A New York federal judge dismissed a Freedom of Information Act suit Tuesday, brought by the former general counsel of Comverse Technology Inc. who was seeking documents related to his 2006 guilty plea in a stock options “backdating” scheme, saying his claims the government may have improperly pursued his case didn't outweigh witnesses' privacy.

  • November 29, 2017

    Prominent Madoff Victim Atty Had Client Conflicts, Trust Says

    Members of a family trust sued by the Madoff trustee alleged in a federal suit filed Wednesday in New York that their attorney swindled them and other clients by representing Madoff victims with competing interests and lying about the trustee's willingness to settle.

  • November 29, 2017

    After Inquiry, NLRB's Emanuel Discloses More Ex-Clients

    Former Littler Mendelson PC shareholder and recent National Labor Relations Board addition William Emanuel has previously represented some of the largest consumer corporations and banks in the country — from Amazon.com to JPMorgan and Wells Fargo — many of which were previously undisclosed during his nomination, according to a list of clients released Tuesday.

  • November 29, 2017

    DLA Piper Urges 2nd Circ. To Affirm Malpractice Dismissal

    DLA Piper urged the Second Circuit on Tuesday to uphold the dismissal of a suit holding it liable for the services it provided to a Cayman Islands investment manager who supposedly siphoned more than $36 million from his own now-bankrupt company, saying the lower courts correctly applied the right jurisdiction’s law.

  • November 29, 2017

    Judge Hands Off Ex-National Lampoon CEO's Recusal Bid

    An Indiana federal judge said Wednesday that she will leave it up to another judge to decide whether she must recuse herself from the U.S. Securities and Exchange Commission’s civil case involving a former CEO of National Lampoon Inc. convicted of securities fraud, but she denied his claims that her personal relationships have biased her.

  • November 29, 2017

    Ex-Linklaters Atty’s Husband Won’t Fight Insider Trading Suit

    The U.S. Securities and Exchange Commission told a Manhattan federal judge on Tuesday that a former Linklaters LLP associate’s husband, who acknowledged using corporate secrets entrusted to his wife to make profitable stock trades, has agreed not to fight the civil suit against him.

  • November 29, 2017

    Fla. High Court Rejects Gov.'s Bid To DQ Justice

    The Florida Supreme Court on Wednesday denied Gov. Rick Scott's bid to disqualify Justice Barbara Pariente from hearing the challenge to his plan to appoint the next three Supreme Court justices on his last day in office.

  • November 28, 2017

    Geico Seeks $15M Paid To Fla. Med Group For 'Fake' Claims

    Geico filed a federal lawsuit Monday seeking to recover more than $15 million it paid out to Florida-based chiropractic network Path Medical LLC for allegedly fraudulent insurance claims.

  • November 28, 2017

    Firm Must Face Ex-Client's Suit Over Missed Deadline To Sue

    An Illinois federal judge ruled Tuesday that a Florida law firm must face a malpractice suit concerning its withdrawal from representation of a wrongful-death plaintiff that then missed a statute-of-limitations cutoff, saying the claims are good enough to pass initial hurdles.

  • November 28, 2017

    Judge 'Suspicious' Of Copied Claims In GM Bias Suit

    A Texas federal judge tossed with prejudice a woman's discrimination suit against General Motors LLC on Tuesday, saying he is “highly suspicious” of factual allegations that could be copies of those made by different plaintiffs in unrelated lawsuits against other companies.

Expert Analysis

  • A New Strain Of Inequitable Conduct Litigation

    Aron Fischer

    The Federal Circuit’s recent decision in Regeneron v. Merus opens new tactical opportunities for defendants asserting inequitable conduct defenses in patent cases, and may incrementally expand the use of a doctrine that the Federal Circuit has repeatedly tried to rein in, say Aron Fischer and Rachel Schwartz of Patterson Belknap Webb & Tyler LLP.

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • 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.