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Legal Ethics

  • October 30, 2018

    Atty Says 'Bloodlust' Behind Suit Over Lost $102M Verdict

    A New Jersey attorney urged a state judge Tuesday to toss a malpractice suit alleging his partner mishandled litigation that ended with an appeals court nixing a $102 million verdict against the state's child protection agency over a father's assault on his son, saying the complaint was filed by counsel with a "bloodlust" toward the partner.

  • October 30, 2018

    Schulte Roth Can't Duck Hedge Fund Subpoena: Liquidators

    The liquidators for two failed Platinum Partners hedge funds pushed back Monday against Schulte Roth & Zabel LLP's refusal to turn over documents tied to the law firm's representation of the funds years earlier, telling a New York bankruptcy court that Schulte Roth's arguments are "unsupported" and "largely irrelevant."

  • October 30, 2018

    Nichols Says No Conflict In MSU Suit Over Nassar Abuse

    Nichols Law Firm PLLC told a Michigan federal court Tuesday it has no conflict of interest representing four gymnasts suing Michigan State University among others in connection to former sports doctor Larry Nassar’s sexual abuse, saying its representation of an MSU employee who once defended Nassar is not grounds to disqualify the firm.

  • October 30, 2018

    Justices Appear Aligned On Post-Plea Appeal Rights

    U.S. Supreme Court justices from both sides of the bench on Tuesday seemed sympathetic to the idea that a defendant has the right to have a lawyer file an appeal even after waiving the right to most appellate claims via a plea agreement, and pushed back on arguments from federal and state prosecutors.

  • October 30, 2018

    Morgan & Morgan Must Pay $5M For Bungling Med Mal Case

    A Florida state jury has awarded $5 million to a couple who accused a Morgan & Morgan PA attorney of botching a medical malpractice suit over brain damage suffered by their baby after his birth.

  • October 30, 2018

    Trump Wants Atty Fees In Stormy Daniels' Defamation Suit

    President Donald Trump asked a California federal judge Monday to award him more than $342,000 in attorneys’ fees after adult film star Stormy Daniels’ suit — alleging Trump defamed her by tweeting that her claims about their alleged affair included details about a “nonexistent man” — was thrown out earlier this month.

  • October 30, 2018

    Full Fed. Circ. Urged To Reimpose Sanction On NPE's Counsel

    A crowdfunding site urged the entire Federal Circuit on Monday to review a panel decision absolving Gutride Safier LLP of shared responsibility for a $500,000 sanction imposed on a nonpracticing entity that sued the site for patent infringement, saying the panel broke from precedent.

  • October 30, 2018

    Miami Judge Now Also Faces Suspension For Hotel Stays

    A Miami-Dade County judge accused of failing to disclose free and discounted hotel stays that her husband allegedly received as bribes while directing Miami Beach's Building Department consented Monday to adding a 30-day suspension to recommended penalties after the Florida Supreme Court rejected an earlier proposal.

  • October 30, 2018

    Outside Spending In State Supreme Court Races Hits $5M

    Outside groups such as super PACs and dark money organizations have spent $5 million on state supreme court campaigns so far this election season, according to data released Tuesday by the Brennan Center for Justice at New York University School of Law.

  • October 29, 2018

    Dispute Over Trump Hush-Money Deal Ongoing, Daniels Says

    If President Donald Trump can get adult film star Stormy Daniels' suit over a $130,000 hush-money agreement tossed because he no longer wants to enforce the deal, that would effectively give him the ability to choose her legal remedy, Daniels’ attorney told a California federal judge Friday.

  • October 29, 2018

    Judge Lets FTC Slip Allergan’s Suit, But Rips Venue Conduct

    A Pennsylvania federal judge Monday dismissed litigation by Watson Laboratories Inc. and Allergan Finance LLC that sought the court’s declaration that the Federal Trade Commission lacks authority to bring a pay-for-delay generic drug suit, while blasting the commission’s decision to refile in California as an act of “apparent forum shopping.”

  • October 29, 2018

    Cosby Slams 'Duplicative' Work In Schnader Harrison Fee Suit

    Bill Cosby, as part of a fight over a quarter-million dollars’ worth of legal fees Schnader Harrison Segal & Lewis LLP says he owes it for defending him over sexual assault accusations, has accused the firm of performing unnecessary and duplicative work to inflate its bills.

  • October 29, 2018

    Saudi Oil Co. Wants Sanctions In $18B Award Row

    A U.S. subsidiary of Saudi Arabia's state-owned oil company urged a Texas federal court on Monday to sanction a group of individuals looking to enforce a nearly $18 billion arbitral award issued in a dispute over Saudi oil fields, saying the suit is frivolous and has no legal basis.

  • October 29, 2018

    Firm DQ'd From Nonprofit Suit Over Joint Defense Conflicts

    A West Virginia federal judge on Friday ordered the disqualification of a Pittsburgh firm representing an ecological nonprofit and a group of board members, saying engagement letters didn't anticipate potential conflicts arising in its defense of a suit brought by others on the board.

  • October 29, 2018

    Petrobras Says Arbitrator's Views Needed In $622M Award Suit

    Brazilian oil company Petrobras has reiterated its bid to subpoena an arbitrator who sat on the tribunal that issued a $622 million award to Vantage Deepwater Co., telling a Texas federal court his "unprecedented" dissent illustrates how flawed the underlying arbitration was.

  • October 29, 2018

    Ill. Judge Behind Mortgage Fraud Deserves 2 Years, Feds Say

    Federal prosecutors told an Illinois federal judge Friday they are recommending a two-year prison sentence for a Cook County judge following her conviction for a seven-figure mortgage fraud scheme involving two investment properties on Chicago’s South Side.

  • October 29, 2018

    Benefits Co. Sanctioned In Health Claim Payment Row

    A Tennessee federal judge has agreed to sanction a benefits administration company for allegedly not coughing up all the information it was told to in a suit accusing it of not properly processing or paying for thousands of health care claims from a group of workers at a John Deere dealer.

  • October 29, 2018

    Litigious Atty Can't Shake Judge's 'Copyright Troll' Label

    A Manhattan federal judge on Friday refused to alter a ruling that labeled New York attorney Richard Liebowitz as a “known copyright troll,” saying it was “undisputable” that the term was accurate for an attorney who has filed and quickly settled hundreds of infringement lawsuits in recent years.

  • October 26, 2018

    Attys Should Consider Ephemeral Messages, Wickr GC Says

    Attorneys should use secure messaging when communicating with clients, Jennifer DeTrani, general counsel for encrypted messaging app Wickr, subject of a heated moment in the Uber-Waymo trade secrets battle, tells Law360.

  • October 26, 2018

    Paul Hastings Must Face Suit Over Lighter Co. Deal

    After winning a trial court dismissal of a malpractice suit last year, Paul Hastings LLP will have to face allegations related to its work on a client’s deal to buy a Japanese cigarette lighter maker after all, a California state appeals court has ruled.

Expert Analysis

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • Series

    High Crimes And Misdemeanors: Making Political Judgments

    Laurence Tribe

    Presidential impeachment exists not so that one party can decapitate the other, but to preserve the foundation of our democracy. For an impeachment to be legitimate, it must be a fair process in which Congress speaks for a majority of the American people in undoing an election, say Laurence Tribe of Harvard Law School and Joshua Matz of Gupta Wessler PLLC.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Merck Patent Case Supports Use Of 'Unclean Hands' Defense

    Francis C. Lynch

    The Federal Circuit recently held that unclean hands based on serious business and litigation misconduct barred Merck from enforcing two patents against Gilead. An analysis of this decision and others demonstrates that the unclean hands defense should be considered in a variety of cases, says Francis C. Lynch, a retired senior partner at Goodwin Procter LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.