Legal Ethics

  • April 12, 2024

    Trump Trial's Anonymous Jury Signals Sacrifice Of Service

    As jury selection begins Monday in the criminal trial of former president Donald Trump, the panel's identities will remain shielded from the public and the media. So-called anonymous juries are relatively new and rare, but they're being used more and more for high-profile cases in an age of doxxing and political polarization.

  • April 12, 2024

    Panama Papers Attys Deny Money Laundering At Trial

    Two attorneys who ran the Mossack Fonseca law firm in Panama, at the center of a 2016 leak that produced multiple convictions for tax evasion, pled not guilty with 27 others to money-laundering charges as a trial began in Panama, according to prosecutors.

  • April 12, 2024

    Up Next At High Court: Jan. 6, Gratuities & Ineffective Attys

    The U.S. Supreme Court will return Monday for the term's last two weeks of oral arguments, during which it will consider whether the U.S. Department of Justice can use the Sarbanes-Oxley Act to prosecute defendants accused of storming the U.S. Capitol on Jan. 6, 2021, and the correct standard courts should apply when reviewing malicious prosecution claims.

  • April 12, 2024

    On Eve Of Ethics Trial, Ex-Calif. Bar Head Tries To Gut Case

    Former State Bar of California Executive Director Joe Dunn is trying once again to shut down the bar's disciplinary case against him, on the eve of a trial set to begin next week that centers on a 2014 scandal connected to disgraced plaintiffs attorney Tom Girardi.

  • April 12, 2024

    NJ Firm Wants Boardwalk Malpractice Suit Tossed For Good

    Hankin Sandman Palladino Weintrob & Bell has called on a New Jersey federal court to lift a stay and allow the firm to pursue summary judgment in a legal malpractice lawsuit from a couple over their investment in an Atlantic City Boardwalk amusement park, which resulted in an $11.8 million claim against the investors.

  • April 12, 2024

    Mogul Aims To Trace Part Of Alleged $35M Hack Payout To Atty

    An airline mogul has doubled down on a bid to access the bank records of a North Carolina attorney and ex-FBI agent, saying those records will help "follow the money" to prove a large-scale hacking conspiracy against him that he claims involves a $35 million payout.

  • April 12, 2024

    Vermont Attys Can't Be Sued In Connecticut, Court Says

    Two Vermont firms that handled the sale of a Connecticut man's second home near a Vermont ski town cannot be sued in Connecticut because the lawyers' business models and the disputed cash transfers that spurred the litigation were not sufficiently directed toward Connecticut, a three-judge appellate panel ruled on Friday.

  • April 12, 2024

    DC Circ. Upholds Jan. 6 Rioter's 52-Month Sentence

    The DC Circuit on Friday affirmed a judgment and 52-month sentence against a Texas militia leader who pled guilty to assaulting a law enforcement officer during the Jan. 6 riot at the U.S. Capitol, saying the judge had acted within his discretion in applying certain enhancements.

  • April 12, 2024

    Ex-Philly Union Leader Denied Bench Trial In Extortion Case

    A Pennsylvania federal judge has denied twice-convicted former International Brotherhood of Electrical Workers Local 98 leader John "Johnny Doc" Dougherty's request to have his third criminal trial — this time over extortion charges — handled by a judge instead of a jury.

  • April 12, 2024

    Off The Bench: Ohtani 'Victim' In Theft, Arbitration Nod To NFL

    In this week's Off The Bench, Shohei Ohtani looks to get off the hook on sports-betting allegations while his former interpreter faces charges, the NFL wins a critical court victory in the Brian Flores lawsuit, and troubled WWE founder Vince McMahon cuts even more financial ties with the company.

  • April 12, 2024

    Santos Says Feds Withheld Key Evidence For Over A Year

    Former U.S. Rep. George Santos accused New York federal prosecutors of withholding evidence that he said undermined their fraud and campaign finance charges against him.

  • April 12, 2024

    Trump Voir Dire Aims To Keep Ballot Box Out Of The Jury Box

    As jury selection begins Monday in the first-ever criminal trial against a former president, experts say both the Manhattan District Attorney's Office and lawyers for Donald Trump will rely on voir dire questioning and social media sleuthing to keep out jurors who'd use their civic duty to "have a stronger vote in the next presidential election."

  • April 11, 2024

    CFPB Says Credit Card Shares Disqualifying In 5th Circ. Case

    The Consumer Financial Protection Bureau sparred Thursday with a coalition of trade groups over recusal standards in their Fifth Circuit lawsuit challenging the agency's new $8 credit card late fee rule, arguing that a judge's ownership of stock in a major card-issuing bank ought to be disqualifying in itself.

  • April 11, 2024

    Judge Tells USPTO To Hand Over 'Expanded' Panels List

    A Virginia federal judge has ordered the U.S. Patent and Trademark Office to hand over a list the agency once made of how many Patent Trial and Appeal Board proceedings went before "expanded" panels, a practice that has since been abandoned.

  • April 11, 2024

    Orrick To Pay $8M To Settle Data Breach Litigation

    A proposed class of data-breach victims asked a California federal judge Thursday to greenlight an $8 million settlement with Orrick Herrington & Sutcliffe LLP in litigation over a March 2023 data breach that purportedly exposed Social Security numbers and other personal information of more than 638,000 individuals.

  • April 11, 2024

    Leonard Leo Rebuffs Senate Judiciary Committee Subpoena

    Sen. Dick Durbin, D-Ill., chair of the Senate Judiciary Committee, served influential conservative and longtime Federalist Society executive Leonard Leo with a subpoena on Thursday as part of his U.S. Supreme Court ethics probe, which Leo is refusing to comply with.

  • April 11, 2024

    Prosecutor Named In Ga. Lt. Gov. 2020 Fake Elector Probe

    Nearly two years after a judge disqualified Fulton County District Attorney Fani Willis from investigating Georgia Lieutenant Gov. Burt Jones over his alleged role in helping former President Donald Trump overturn the state's 2020 presidential election, a state prosecutor has been appointed to handle the case.

  • April 11, 2024

    Pro-Trump Mich. Atty Gets New Trial Date After Skipping Court

    A Michigan attorney accused of accessing voting machines after the 2020 presidential election said Thursday her old lawyer was dragging his feet in sharing critical documents as a judge rescheduled her trial for July following her attorney swap and her arrest for failing to appear in court.

  • April 11, 2024

    11th Circ. Denies Atty DQ Bid From Gold Star Wives

    The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

  • April 11, 2024

    Ex-Atlanta Worker Says City's Missing Docs Merits Sanctions

    Counsel for a former city of Atlanta department head who says she was fired after blowing the whistle on failures in its immigrant outreach services urged a Georgia federal judge on Thursday to hit the city with sanctions for reportedly destroying communications related to her termination.

  • April 11, 2024

    Software Co., NC Officials Want Out Of Digital Courts Row

    Software company Tyler Technologies, North Carolina court administrators and two sheriffs have asked a federal court to release them from a proposed class action alleging the state's new digital filing system has led to unlawful arrests and detentions.

  • April 11, 2024

    Ex-COO Sues NJ Law Firm, Claiming Sexual Harassment

    The former chief operating officer of New Jersey personal injury giant Garces Grabler & LeBrocq PC sued the firm Wednesday for sexual harassment and discrimination, alleging firm leaders unfairly impeded her from doing her job and made lewd comments about her.

  • April 11, 2024

    Insurer Says Firm Not Covered For Bogus Check Scheme

    An insurance firm has filed a complaint in Washington federal court seeking a declaration that it doesn't owe coverage to a Seattle-area firm and its sole attorney, who are embroiled in litigation with a bank after the firm fell prey to a counterfeit check scheme.

  • April 11, 2024

    NC Justices Hint Holtzman Vogel Immune In Defamation Case

    The North Carolina Supreme Court's Republican majority seems poised to reverse a Court of Appeals decision forcing Holtzman Vogel Baran Torchinsky & Josefiak PLLC to face voters' defamation claims, with one justice lamenting that revoking the law firm's privilege defense could upend decades of case law in the Tar Heel State.

  • April 11, 2024

    State Bar Attys Fight Eastman's Bid To Activate Law License

    The State Bar of California has formally opposed John C. Eastman's motion to stay a March order placing him on inactive status pending appeal of a recommendation that he be disbarred.

Expert Analysis

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

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