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Legal Ethics

  • June 5, 2018

    Pa. Judge 'Mortified' That Staff Saw Him Viewing Lewd Pics

    A Pennsylvania state judge fighting ethics charges for viewing lewd images on a personal computer he kept in his chambers told a disciplinary board Tuesday that he’d been "mortified" to learn that three women on his staff had said they'd walked in on him viewing the material.

  • June 4, 2018

    Ohio Panel Affirms Atty DQ In Back Surgery Negligence Case

    An Ohio state appellate panel has affirmed a lower court's ruling to disqualify a plaintiff's attorney from representing her in a back surgery malpractice case because he may be called as a witness at trial.

  • June 4, 2018

    Ex-Nelson Levine Atty Seeks To Arbitrate With Ex-Colleagues

    A former name partner of defunct Nelson Levine de Luca & Hamilton LLC who is suing ex-colleagues he says shorted him amid the firm's breakup asked a Pennsylvania federal judge on Friday to force them to meet him in arbitration.

  • June 4, 2018

    Just 162 Seized Cohen Docs Deemed Privileged So Far

    A retired judge tasked with reviewing the first 292,000 documents of the millions that the federal government seized from Michael Cohen, President Donald Trump's longtime attorney and "fixer," told a New York federal court Monday that 162 are privileged or partially privileged and seven are highly personal.

  • June 4, 2018

    Pa. Panel Agrees To Unseal Sandusky Cover-Up Case Records

    A Pennsylvania appeals court agreed Monday to unseal records in criminal cases against three former Penn State University officials who were accused of turning a blind eye to molestation accusations against onetime assistant football coach and now convicted sex offender Jerry Sandusky.

  • 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.

Expert Analysis

  • 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.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northern District of Illinois.

  • Florida Waiver Ruling Reinforces Substance Over Form

    Tirzah Lollar

    A Florida federal court's recent ruling that Morgan Lewis & Bockius LLP had waived work-product protection over witness interview notes compiled during an internal investigation of client General Cable Corp. eliminates — as other courts have — the distinction between providing an oral summary to the government and providing similar information in written form, say Tirzah Lollar and Kristen Eddy of Vinson & Elkins LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • When Attorneys Get Ensnared In FCPA Misconduct

    Louis Ramos

    The prosecutions of veteran lawyers at two multinational corporations — Keppel and PetroTiger — offer a sobering truth: Those responsible for protecting their companies from corruption-related risks can be held criminally accountable for their lapses in judgment. Recently unsealed court documents shed light on potential pitfalls for both legal and compliance professionals, say Louis Ramos and Benjamin Klein of DLA Piper.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • When And How To Communicate With Pro Se Litigants

    David Northrip

    Given the surprisingly large volume of pro se litigation in the United States, there will inevitably be times when you need to communicate with self-represented litigants. Following Model Rule of Professional Conduct 4.3 can help you minimize risks and maximize payoff, say attorneys at Shook Hard & Bacon LLP.

  • The Legal Case Against Weinstein’s Suppression Efforts

    Lynne Bernabei

    A recent lawsuit in the Southern District of New York alleged a criminal conspiracy to stop disgraced film producer Harvey Weinstein’s victims from coming forward. Authorities in the U.S. and the U.K. may have grounds to look behind the veil of attorney-client privilege at communications between Weinstein and lawyer David Boies, say Lynne Bernabei and Kristen Sinisi of Bernabei & Kabat PLLC.