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Legal Ethics

  • September 5, 2018

    SFO Can't Narrow Privilege Protections In Landmark Ruling

    A London appeals court ruled Wednesday that documents prepared for international mining company ENRC during an internal investigation are protected by legal privilege, rejecting the Serious Fraud Office's efforts to demand the materials for a criminal corruption and bribery probe.

  • September 4, 2018

    EEOC Backs 7th Circ. Toss of CVS' Attorneys' Fees

    The U.S. Equal Employment Opportunity Commission told the Seventh Circuit on Tuesday that it doesn't need to rethink its decision to protect the agency from paying CVS Pharmacy $307,000 in attorneys' fees in a dispute over employee separation agreements because the dispute doesn't create a conflict in discretion abuse proceedings. 

  • September 4, 2018

    Feds Fight Claim That Expert Witness Double-Crossed Insys

    A doctor accused by the founder and several former top executives at opioid manufacturer Insys Therapeutics Inc. of double-crossing them by agreeing to testify for the government at their upcoming racketeering trial after speaking with their lawyers should still be able to take the stand for prosecutors, the government told a Massachusetts federal judge Tuesday.

  • September 4, 2018

    Chicago Atty Faces Disbarment Amid Neglect, Fee Claims

    A Chicago-area attorney is looking at possible disbarment after the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission found she had engaged in “serious misconduct” including neglecting to follow through on clients’ cases and collecting fees for work she didn’t do.

  • September 4, 2018

    Ex-Tenet Execs Blast Delays In Maternity Kickback Case

    Two former executives at Tenet Healthcare Corp. and the former head of a prenatal clinic that served Hispanic immigrants have accused U.S. Department of Justice prosecutors of delaying a $400 million kickback case against them and urged an Atlanta federal judge to dismiss the charges.

  • September 4, 2018

    Privilege Claims Come Under Scrutiny In Antitrust Row

    A Utah federal judge said in recent says he will appoint a special master to review all documents withheld by a defendant in an antitrust case after the company “inappropriately” invoked the attorney-client privilege over emails that contained no legal advice.

  • September 4, 2018

    Yaz MDL Lead Attys Dodge Breach Of Fiduciary Duty Claim

    An Illinois federal judge shot down a putative class action from women alleging breach of fiduciary duty by their lead and liaison attorneys in an underlying multidistrict litigation over a Bayer birth control product, finding that the attorneys were not expected to respond to a key motion on their behalf in the MDL.

  • September 4, 2018

    Convicted Ill. Judge Loses Bid For Acquittal, New Trial

    An Illinois federal judge Tuesday rejected Illinois state court Judge Jessica O'Brien's bid for either acquittal or a new trial after her conviction earlier this year in a $1.4 million mortgage fraud scheme.

  • September 4, 2018

    SanDisk Investor Class OK’d Despite Judge's 'Ethical' Doubts

    A California federal judge on Tuesday certified a class in a stock-drop suit against SanDisk Corp., despite concerns that attorneys for the investor plaintiffs “very likely crossed an ethical line” in how they characterized statements made by a confidential witness cited in the lawsuit.

  • September 4, 2018

    Sex Victims Must Prove Distress, Billionaire Says In Docs Row

    Billionaire convicted sex offender Jeffrey Epstein asked a Florida bankruptcy court Tuesday to depose three of his victims and compel their mental examinations in connection with a dispute over confidential documents that were allegedly retained by his counsel in violation of a court order.

  • September 4, 2018

    Houston Attys Hit With $10M Suit Over Title Co. Agreement

    Jetall Companies Inc. has filed a lawsuit in Texas state court against two Houston attorneys, alleging they owe the real estate investment company more than $10 million for interfering with a deal it had in place that gave it 100 percent ownership of a residential and commercial title company.

  • September 4, 2018

    Fla. Atty In $20M Fraud Case Pleads Guilty To Bond-Jumping

    A former Florida attorney apprehended earlier this year after four years on the run in Mexico has pled guilty in Miami to jumping bond ahead of a scheduled trial on charges that he helped dupe more than 700 investors out of $20 million in an investment fraud scheme.

  • September 4, 2018

    State Farm To Pay $250M To Settle Rigged-Judge Trial

    State Farm agreed Tuesday to pay $250 million to settle a suit alleging it secretly worked to help elect an Illinois high court justice in order to overturn a billion-dollar judgment against it.

  • August 31, 2018

    In State Farm Trial, Veiled Donations May Stoke Juror Anger

    Groups with ties to State Farm strategized to avoid disclosing contributions that ended up in the campaign coffers of a judge who ultimately helped knock down a $1 billion judgment against the insurer, according to a trove of documents that may serve the important role of outraging jurors in a trial starting Tuesday even if it doesn't turn out to show illegal acts, experts say.

  • August 31, 2018

    2nd Circ. Won't Rethink Cravath Shell Doc Decision

    The Second Circuit on Thursday refused to reconsider its decision barring a Nigerian activist’s widow from obtaining Royal Dutch Shell discovery documents from a U.S. case, held by Cravath Swaine & Moore LLP, for litigation she is pursuing against the oil and gas giant in the Netherlands.

  • August 31, 2018

    3rd Circ. Frees Ex-Norris McLaughlin Atty For Bribery Appeal

    The Third Circuit has granted an ex-Norris McLaughlin & Marcus PA partner’s bid to be released while he appeals his conviction and 27-month sentence for attempting to land legal work for his firm with promises of campaign contributions to the now-convicted mayor of Allentown, Pennsylvania.

  • August 31, 2018

    Texas Justices Won't Hear Family's Libel Suit Over Trial Book

    A Houston attorney who wrote a book characterizing his former client — who was slapped with a $20 million judgment — as a "monster" was vindicated Friday when the Texas Supreme Court refused to review a libel suit brought against him by the famous family that won the underlying case.

  • August 31, 2018

    Loan Servicer Sues McCabe Weisberg For Lost Foreclosure

    Mortgage banking law firm McCabe Weisberg & Conway LLC botched a foreclosure action on a mortgage to secure a loan with more than $323,000 in unpaid principle left on it, a loan servicer has alleged in a legal malpractice lawsuit removed to New York federal court on Friday.

  • August 31, 2018

    Sheppard Mullin Case A Mixed Message On Client Candor

    The California Supreme Court's lengthy decision in the $3.8 million fee dispute between Sheppard Mullin Richter & Hampton LLP and a former client over an undisclosed client conflict made clear that the court wants firms to be upfront with clients, experts say, but the court may have muddled the message by leaving the door open to letting the firm collect fees.

  • August 31, 2018

    Ethics Of State Farm Attys To Take Stage In Rigged Judge Trial

    The impending trial surrounding whether State Farm secretly advanced the election of an Illinois high court justice in order to torpedo a billion-dollar judgment against it promises to put an ethics spotlight on the insurer’s legal teams, with opposing counsel poised to pry into what those attorneys knew and what they were duty-bound to disclose.

Expert Analysis

  • 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.

  • Officials Must Note Financial Conflict Of Interest Law

    Adam Raviv

    The director of the U.S. Centers for Disease Control was forced to resign earlier this year after her investment manager purchased stock in tobacco and pharmaceutical companies on her behalf, creating a conflict of interest with her official role. The incident highlights how important it is for public officials to understand the conflict of interest statute and structure their investment arrangements accordingly, say attorneys with WilmerHale.

  • Keys To Protecting Communications With Litigation Funders

    Alan Guy

    As different jurisdictions impose their own disclosure requirements regarding commercial litigation finance, there can be no “one size fits all” approach to ensuring confidentiality. But litigants, lawyers and litigation funders may be able to decrease disclosure risks through a handful of best practices, says Alan Guy of Vannin Capital.

  • Introducing The Legal Industry To Millennial Business Owners

    Yaima Seigley

    ​The current business climate has produced vast opportunities for seasoned lawyers to create valuable connections with millennial business owners, but first lawyers must cleanse their palate of misconceptions regarding millennials, says Yaima Seigley of Isaac Wiles Burkholder & Teetor LLC.

  • Opinion

    Litigation Funding Bill Lacks Policy Rationale

    Matthew Harrison

    Republican senators recently introduced "The Litigation Funding Transparency Act of 2018" with the purported goal of keeping the civil justice system honorable and fair. However, it would do exactly the opposite by imposing more barriers to entry for claimants trying to bring meritorious lawsuits against massive corporations, says Matthew Harrison of Bentham IMF.