Legal Ethics

  • March 6, 2018

    McDermott Must Face Westlaw Widow’s $7.5M Malpractice Suit

    A California judge refused McDermott Will & Emery LLP a quick win Monday in a $7.5 million malpractice lawsuit from the Westlaw founder's widow, saying that since her McDermott counsel delayed her learning of an error with her late husband’s estate, the case was not time-barred.

  • March 6, 2018

    With No Trump Pick For SDNY Atty, Judges May Step In

    Geoffrey Berman's interim appointment as U.S. attorney for the Southern District of New York is set to expire in a matter of weeks, shouldering Manhattan federal judges with the responsibility of appointing Berman until a formal nomination is made by the White House and confirmed by the Senate, finding someone else or even opting out entirely.

  • March 6, 2018

    Man Accused In $1B Health Fraud Wants Prosecution DQ'ed

    A Florida businessman accused of operating a $1 billion health care fraud told a federal judge that the prosecution team on his case should be disqualified because they deliberately used privileged communications in bringing the case against him.

  • March 6, 2018

    Philly Bar Groups Defend Justices In Redistricting Fight

    Organizations representing both Philadelphia’s plaintiffs attorneys and civil defense attorneys on Tuesday jointly announced their support of Pennsylvania Supreme Court justices who have recently been the subject of impeachment threats after ruling to impose new congressional districts to correct for partisan gerrymandering.

  • March 6, 2018

    Ex-Stanford GC Sanctioned, Ordered To Hand Over Docs

    A Texas federal judge on Tuesday sanctioned Robert Allen Stanford's former general counsel in a clawback suit targeting Stanford's legal advisers, granting the request of the receiver unwinding Stanford's $7 billion Ponzi scheme that the former counsel be required to explain why he still has not fully disclosed the bank and property information requested in discovery.

  • March 6, 2018

    Pa. Justices OK Fee Claim In Suit Over Departed Atty

    A unanimous Pennsylvania Supreme Court agreed on Tuesday that Meyer Darragh Buckler Bebenek & Eck PLLC was entitled to part of a $235,000 settlement in a wrongful death case that one of its former attorneys took with him when he moved to Malone Middleman PC.

  • March 6, 2018

    ABA Warns Attys On Ethics Of Social Media 'Hypotheticals'

    Lawyers who posit “hypotheticals” based on real client details on their blogs and via Twitter risk running afoul of their duty to keep confidences, the American Bar Association warned Tuesday.

  • March 6, 2018

    SEC Pushes Back At Atty's Bid To Dismiss EB-5 Suit

    The U.S. Securities and Exchange Commission on Monday fired back at a motion to dismiss a case against an immigration lawyer and his law offices accused of defrauding clients by failing to disclose the commissions they received for the sale of EB-5 immigrant investments, saying the attorney acted as an unregistered broker to make surreptitious profits.

  • March 6, 2018

    Recruiter Told To Amend Simpson Thacher Search-Fee Suit

    A New York federal judge has urged an attorney recruiter that accused Simpson Thacher & Bartlett LLP of failing to pay a $937,500 matchmaking bill to amend its complaint against the law firm, saying at a Tuesday hearing it could narrow the dispute and get the case moving.

  • March 6, 2018

    9th Circ. Revives Loan Advice Suit Against Heller Ehrman

    A California federal bankruptcy judge erred when he decided the relationship between Heller Ehrman LLP and former client Paravue Corp. “conclusively terminated” in 2007 and started the clock running on Paravue’s $20 million malpractice suit, the Ninth Circuit said Monday.

  • March 6, 2018

    Dilworth Paxson Calls Suit Over RE Litigation Groundless

    Dilworth Paxson LLP on Monday asked a Pennsylvania state court to end a suit alleging that a former attorney at the firm knowingly filed several baseless actions aimed at stopping a Philadelphia resident’s objection to a condo development next to her house.

  • March 6, 2018

    ABA TechShow Tackles Mental Health With 12-Step Meetings

    Efforts to stem the tide of mental health issues such as addiction among lawyers are mounting, and an American Bar Association conference in Chicago this week is including 12-step meetings in its official schedule for the first time.

  • March 5, 2018

    Ex-Akin Gump Atty's Wife Pleads For Speaking Tour, Not Jail

    The wife of the ex-Akin Gump Strauss Hauer & Feld LLP attorney who admitted to trying to sell U.S. Department of Justice information asked a California federal judge to pass on sentencing him to jail and send him on a speaking tour instead, saying Monday that his kids need him at home.

  • March 5, 2018

    Walmart Seeks DQ Over Ex-Atty's Role In Slip-And-Fall Row

    Walmart asked a Nevada federal court on Saturday to disqualify a Las Vegas law firm from representing a woman who was allegedly injured after slipping at one of the retailer’s stores, contending that the firm surreptitiously installed one of the company’s former attorneys to represent the shopper and her husband.

  • March 5, 2018

    Feds Say McDonnell Doesn't Save NY's Silver From Retrial

    Manhattan federal prosecutors on Friday hit back at the latest move by former New York Assembly Speaker Sheldon Silver to dodge corruption charges, saying the U.S. Supreme Court’s landmark McDonnell case doesn’t mean the disgraced politician can escape a second trial.

  • March 5, 2018

    Ex-Broker Fights Sanctions Bid Over Tossed Call Recordings

    A former broker accused of ripping off his customers with excessive trading fees has pushed back on the U.S. Securities and Exchange Commission’s bid to have him sanctioned for throwing away a device containing customer call recordings, telling a New York federal court on Friday that his alleged act of evidence destruction was actually just an innocent mistake.

  • March 5, 2018

    Suge Knight Attys Charged With Witness Tampering

    Two lawyers who have represented Marion “Suge” Knight conspired to bribe potential witnesses in the jailed rap mogul’s murder case, according to indictments made public Monday.

  • March 5, 2018

    Heller Can't Take Ex-Partners' Fees, Calif. High Court Says

    The California Supreme Court ruled Monday that a dissolved law partnership is not entitled to profits from former partners’ continued work on hourly fee matters, in a long-fought battle stemming from the Heller Ehrman LLP dissolution.

  • March 5, 2018

    Justices Spurn Endo, NH Row Over Counsel In Opioid Probe

    The U.S. Supreme Court said Monday it will not hear Endo Pharmaceuticals’ appeal of a decision upholding New Hampshire’s right to use outside counsel Cohen Milstein Sellers & Toll PLLC to assist with an investigation into the drugmaker’s potential role in the opioid crisis.

  • March 5, 2018

    Atty Gets 2nd Crack At Suit Accusing Pa. Judge Of Slander

    The Pennsylvania Superior Court on Monday revived a Florida attorney’s lawsuit against a Pennsylvania judge who allegedly slandered him to a client at a mediation, finding the judge made a procedural error when raising a judicial immunity defense.

Expert Analysis

  • The Case For Creating A Mediation Department At Your Firm

    Dennis Klein

    There are at least four reasons supporting the need for some form of a mediation group within a law firm, especially in firms with larger practices, according to Dennis Klein, owner of Critical Matter Mediation and former litigation partner at Hughes Hubbard & Reed LLP.

  • Prepare For Big Changes To FARA Enforcement

    Brian Fleming

    All signs point to the U.S. Department of Justice enforcing the Foreign Agents Registration Act more aggressively. In addition, multiple pending legislative proposals would strengthen FARA and expand the DOJ’s enforcement powers, says Brian Fleming, a member of Miller & Chevalier Chtd. and former counsel to the assistant attorney general for national security at the DOJ.

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • How Calif.’s Anti-SLAPP Law Affects Amended Complaints

    Felix Shafir

    Horvitz & Levy LLP partners Felix Shafir and Jeremy Rosen examine two complex subjects implicated by California's anti-SLAPP statute — whether the statute prevents a plaintiff from filing an amended complaint after an anti-SLAPP motion challenges the initial complaint, and whether anti-SLAPP challenges can be marshaled against amended complaints.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.

  • Perception Vs. Reality At Trial

    Martha Luring

    The long litigation life cycle for large, complex civil lawsuits provides ample time for clients and counsel to form strong opinions — often negative when based on adversarial exchanges — about the opposing trial team, their witnesses and their experts. Martha Luring of Salmons Consulting shares some common perceptions not always shared by jurors.