Legal Ethics

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • June 05, 2024

    Scrutinize Gag Order On Trump's Twitter DMs, X Tells Justices

    X Corp. is pressing the U.S. Supreme Court to review a court order allowing special counsel Jack Smith to obtain messages from Donald Trump's account on the social media platform while barring X from alerting the former president beforehand.

  • June 05, 2024

    Wash. Judge Grills Game Artist Who Ignored Court Orders

    A Washington state appellate court judge pressed a role-playing game illustrator Wednesday on why he deserved to have his defamation suit against the gaming convention GenCon revived, noting he ignored discovery orders while failing to justify the lapses to a trial court, resulting in terminating sanctions.

  • June 05, 2024

    Brown Rudnick Partner's 50% Fee Hike Nixed In Ch. 11 Case

    A Brown Rudnick LLP bankruptcy partner Wednesday had his 50% fee increase rejected by a Delaware judge, who took issue with the proposed hike to $1,500 an hour for representing the creditors' committee in Kidde-Fenwal Inc.'s Chapter 11 case.

  • June 05, 2024

    Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft

    A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.

  • June 05, 2024

    Trump Gag Order Still Needed Through Sentencing, DA Says

    Manhattan District Attorney Alvin Bragg's office has asked a judge not to lift the gag order on Donald Trump before the convicted former president's sentencing next month, arguing in a letter released Wednesday that there is still a need to "protect the integrity" of the hush money case.

  • June 05, 2024

    Ga. Trump Election Case On Hold For DA DQ Appeal

    The Georgia Court of Appeals on Wednesday temporarily halted proceedings in the Georgia election interference case against former President Donald Trump and his co-defendants while it reviews a trial judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the case.

  • June 05, 2024

    $900K Injury Verdict Sparks Fee Squabble In Connecticut

    Connecticut law firm Ventura and Ribeiro LLP is taking Perkins and Associates PC to state court over the legal fees from a $900,000 personal injury case settlement that both firms worked on, claiming that Perkins is trying to take too much of the pie.

  • June 05, 2024

    An Ex-BigLaw Atty Shot His Wife. Who Gets Her Settlement?

    The administrator of the estate of Diane McIver, who was fatally shot by her husband, former Fisher Phillips partner Claud "Tex" McIver, while driving through Atlanta in 2016, has asked a Georgia state court to decide who is entitled to settlement funds from a wrongful death case brought by the estate.

  • June 05, 2024

    After Judge Takes Trip To Israel, Attys Want Him Off Gaza Case

    Palestinian rights activists asked a Ninth Circuit judge to recuse himself from a case claiming that the Biden administration flouted international laws barring genocide by supporting Israel's military efforts in Gaza, noting that the judge recently took a trip to Israel sponsored by the World Jewish Congress.

  • June 05, 2024

    Federal Judges Facing Scrutiny For Clerk-Hiring Boycotts

    The federal judiciary must take a look at its judges' hiring practices in the wake of some jurists' public refusal to hire students from certain law schools over on-campus political activity over the Israel-Hamas war, a nonprofit government watchdog said Wednesday.

  • June 05, 2024

    Houston Law Firm Can't Arbitrate 'Excessive' Fees Claims

    A homeowners' association can proceed with its lawsuit against Vethan Law Firm PC in a Texas state court over allegedly "needless and excessive fees" because the firm failed to prove the existence of an arbitration agreement, a Texas state appellate court has ruled.

  • June 05, 2024

    AAA Says Fee Critique 'Flawed' For Missed Eclipse Day Depo

    An attorney sanctioned for missing a deposition in Florida while he was in Arkansas viewing April's solar eclipse used "guesswork" in a response asking a federal judge in the Sunshine State to whittle a request for $7,800 in fees down to just over $1,200, according to a reply filed this week by AAA in a lawsuit by a former employee.

  • June 05, 2024

    Texas Atty Accuses Ex-Partner Of 'Unilaterally Doubling' Comp

    A Houston-area attorney is suing Bergquist Law Firm PLLC and its owner for nearly $7 million for "unrelenting" violations of their partnership agreement and fiduciary duties.

  • June 05, 2024

    Black Jurors Wrongly Excluded From Fla. Trial, 11th Circ. Told

    A Florida attorney on Wednesday urged an Eleventh Circuit panel to revive his federal complaint against the city of Orlando, saying the wrong statute of limitations standard was used to dismiss a lawsuit alleging his civil rights were violated when opposing lawyers had Black jurors removed from his personal injury trial against the city.

  • June 05, 2024

    Donziger Deserves Pardon, Enviro Groups Tell Biden

    A group of environmental and human rights groups are calling on President Joe Biden to pardon disbarred environmental lawyer Steven Donziger for his criminal contempt conviction in litigation brought by Chevron over his role in securing a $9.5 billion environmental judgment in Ecuador.

  • June 05, 2024

    Ex-Skadden Atty, Credit Suisse Beat TransPerfect's Fraud Suit

    A Delaware federal judge has tossed TransPerfect Holdings LLC's lawsuit alleging that misrepresentations by a now-retired Skadden Arps Slate Meagher & Flom LLP partner and Credit Suisse Securities (USA) LLC led it to pay too much for language translation company TransPerfect Global Inc., finding that claims are time-barred.

  • June 05, 2024

    LegalZoom Hit With Unlawful Law Practice Suit In NJ

    LegalZoom has been hit with a proposed class action in New Jersey state court alleging it has engaged in the unauthorized practice of law in the Garden State.

  • June 05, 2024

    Atty Retaliation Claim 'Self-Serving Spin,' Major Lindsey Says

    Legal recruiter Major Lindsey & Africa has asked a Maryland federal judge to toss an associate's claim that she was retaliated against after suing Troutman Pepper for racial discrimination, arguing that the absence of a contract between the parties dooms her claim, and that she failed to show that the recruiter "acted with a retaliatory motive or intent."

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

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