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Legal Ethics
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June 07, 2024
Carhartt Heir's Atty Cleared On 2 Counts; Deadlock On Rest
A Michigan state jury in Detroit on Friday partially cleared a Michigan attorney accused of stealing millions of dollars from his wealthy client, the late Carhartt company heiress Gretchen Valade, but jurors could not agree on two of four charges.
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June 07, 2024
Lewis Brisbois Wants Ex-Partner's Pay Bias Suit In Arbitration
Lewis Brisbois Bisgaard & Smith LLP has asked a Los Angeles court to force arbitration of claims lodged by a former partner in a suit accusing the firm of gender discrimination in pay and retaliation for raising concerns over its "unethical billing practices."
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June 07, 2024
Baker Donelson Can't Ax Ponzi Scheme Suit, Receiver Says
A federal receiver has urged a Mississippi federal judge to reject Baker Donelson's summary judgment bid seeking a pretrial win on civil conspiracy claims the firm allowed a nine-figure timber business Ponzi scheme to unfold,
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June 07, 2024
Emboldened SEC Spells Double Trouble For Defense Bar
The U.S. Securities and Exchange Commission's enforcement division has taken an increasingly aggressive stance in recent years thanks in part to an influx of federal prosecutors joining the agency and court decisions that have gradually become more permissive on parallel civil and criminal investigations, defense lawyers say.
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June 06, 2024
'Any Judge' Should Have DQ'd In Romance Case, Attys Told
A Texas federal judge was adamant Thursday that a former bankruptcy judge should have recused himself from an engineering company's Chapter 11 proceeding because of his relationship with a then-Jackson Walker LLP partner, but seemed torn over whether a lawsuit from a former shareholder over the secret relationship had a leg to stand on.
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June 06, 2024
White Collar Boutique Sued By Ex-Client Over Representation
White collar boutique Clark Smith Villazor LLP and one of its name partners is facing a lawsuit from a former client, a convicted securities fraud defendant who claims the firm caused him to be arrested by the FBI and face millions of dollars in fines.
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June 06, 2024
Roundup MDL Judge Worries Plaintiffs Firms Overstretched
A California federal judge presiding over multidistrict personal injury litigation over Monsanto's Roundup weed killer expressed concerns Thursday that plaintiffs firms may be taking on "a whole bunch of cases" they don't have the ability to prosecute just to settle "on the cheap," calling the prospect "a little bit disturbing."
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June 06, 2024
Media Matters Wants Order Blocking Missouri AG's X Probe
Media Matters for America returned to D.C. federal court on Thursday to seek a court order barring Missouri Attorney General Andrew Bailey from investigating the progressive media watchdog over its reporting on X Corp., roughly two months after a D.C. federal judge barred Texas' attorney general from doing the same.
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June 06, 2024
In 13-Year Trademark Fight, Chicago Judge Says No More
A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.
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June 06, 2024
Election Officials Blasted For Not Stopping Suspended Judge
A Michigan state judge has said that election officials had abdicated their responsibility to keep "patently ineligible" candidates off the ballot, ordering them to stop former Detroit Judge Kahlilia Davis from running again after the state Supreme Court suspended her for six years for misconduct.
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June 06, 2024
Kline & Specter Calls Ex-Client's Suit A 'Sham'
Kline & Specter PC and its founders have called a suit alleging they retaliated against an ex-client for dropping them to go with former firm associate Tom Bosworth a "sham" and a misuse of legal proceedings.
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June 06, 2024
Paxton Blasts Firing Suit Probe As 'Lobbying' Move
The Texas Attorney General's Office has asked the state's Supreme Court to shut down whistleblowers' attempt to depose Attorney General Ken Paxton and several high-ranking staffers, saying the tactic is designed to persuade lawmakers to fund a judgment in the case when he is not contesting their claims.
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June 06, 2024
Some Colo. Justices Call For Nixing Peremptory Strikes
Three Colorado Supreme Court justices said this week that eliminating peremptory challenges would help remove "the taint of impermissible discrimination" from the jury selection process, writing in two cases involving the dismissal of Black jurors that the strikes often facilitate racism that can be near impossible for a court to address.
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June 06, 2024
Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor
State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.
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June 06, 2024
Biote Investors Sue Cooley, SPAC After Huge Merger Loss
Family trust investors in Biote Corp. have sued Cooley LLP and the "hormone optimization" company's top brass over the $700 million merger Biote completed with a special purpose acquisition company, saying the deal was a "disastrous transaction to divert approximately $70 million of merger consideration to themselves and gain control of an enterprise they did not build."
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June 06, 2024
Judge Who Took Israel Trip Recuses Self From Gaza Case
A Ninth Circuit judge on Thursday recused himself from a case over the Biden administration's support for Israel's military efforts in Gaza, suggesting he disagreed with Palestinian rights activists' claim that a sponsored trip to Israel disqualified him but nevertheless would step aside "out of an abundance of caution."
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June 06, 2024
NJ Law Firm Ducks Malpractice Judgment Against Ex-Atty
New Jersey appellate judges upheld a decision that found that Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins can't be held responsible for a $378,000 legal malpractice suit judgment against one of its former attorneys for actions prior to joining the firm and in a suit where it was not a party.
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June 06, 2024
Bannon Ordered To Start Prison Term By July 1
Donald Trump ally Steve Bannon was ordered Thursday in D.C. federal court to surrender and begin his four-month prison sentence for defying a congressional subpoena by July 1, after losing his appeal in the D.C. Circuit.
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June 06, 2024
Law Firm Says Axe 'Draconian' J&J Subpoena In Talc Claim
A Mississippi plaintiffs firm urged a New Jersey federal court on Thursday to quash a subpoena served by Johnson & Johnson requesting that the firm turn over documents related to litigation funding and its communication with media outlets, calling the subpoena "draconian" and improper as the firm is not a party to the pharmaceutical giant's current personal injury litigation surrounding its talcum powder products.
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June 06, 2024
Troutman Pepper Partner Pulled Into Ex-Associate's Bias Suit
A Troutman Pepper Hamilton Sanders LLP partner has been added as a defendant in a racial discrimination lawsuit a former Black associate filed, who now claims the partner, a formerly supportive mentor, made the decision to fire her after she complained about an email the associate described as racist.
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June 06, 2024
Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case
Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.
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June 06, 2024
Law Firms Accused Of Missing 'Red Flags' In NJ Fraud Deal
A legal malpractice suit filed in New Jersey state court accuses Rivkin Radler LLP and Kunstlinger Law Firm LLC of costing clients millions of dollars by failing to detect "obvious 'red flags'" amid a fraudulent business deal.
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June 05, 2024
Atty Carried Gun, Rope During Attempted Break-In, Police Say
Police in Royal Oak, Michigan, said Tuesday they have arrested a Dearborn personal injury attorney after he allegedly tried to break into the home of a former co-worker while carrying a firearm, knife, handcuffs and other "concerning items."
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June 05, 2024
PwC Asks Calif. Justices To Revive $2.5M Sanction Against LA
PwC urged the California Supreme Court on Wednesday to revive a $2.5 million sanction against the city of Los Angeles for yearslong discovery misconduct in an underlying utility billing dispute, arguing the trial court's inherent authority to pose such penalties isn't limited to nonmonetary sanctions.
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June 05, 2024
Colo. Judge Doubts Atty's Intent In Cyclist's Death
A Colorado federal judge was skeptical Wednesday that an attorney made a conscious decision when he crashed into and killed a cyclist, imperiling an attempt by the cyclist's spouse to seek exemplary damages.
Expert Analysis
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.