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Legal Ethics
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May 10, 2024
Atty Says Panoramic Fired Her For Raising Compliance Issues
Panoramic Health faces a wrongful termination suit filed Thursday in Colorado federal court by its former assistant general counsel who claims she was fired after raising concerns about its alleged noncompliance with federal anti-kickback statutes and regulations over its federally funded kidney care contracting program.
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May 10, 2024
Eastman Withdraws From Colo. Suit Amid Disbarment Case
Former Donald Trump lawyer John C. Eastman withdrew as an attorney in a Colorado civil suit on Friday as the California Supreme Court is set to consider a recommendation for the attorney's disbarment.
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May 10, 2024
Colo. Investor Says Fox Rothschild Atty's Missteps Cost $3M
One of three investors behind a Colorado development has filed suit against Fox Rothschild LLP and an attorney in state court, alleging that the attorney's failures led the entity to lose upwards of $3 million when a relationship with the fellow investors soured.
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May 10, 2024
SEC Asks For Win Following Ex-Apple Atty's Guilty Plea
The U.S. Securities and Exchange Commission moved for summary judgment Friday on insider trading claims against a former senior attorney at Apple Inc., arguing there is no need to relitigate claims since the lawyer already pled guilty to criminal charges related to a lucrative insider trading scheme.
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May 10, 2024
Cohen Urged To Stop Trashing Trump As Testimony Nears
The Manhattan judge overseeing Donald Trump's criminal hush money trial made clear Friday that he wants star witness Michael Cohen to stop talking publicly about the charges as the former president's erstwhile attorney prepares to take the stand as soon as Monday.
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May 10, 2024
DC Tax Atty Can't Use Ch. 7 To Ditch Depo In $19M Theft Suit
A corporate D.C. tax attorney accused of bilking a former client out of $19 million via a captive insurance scam will be deposed, despite a stay in the Maryland federal case against him and his firm after both filed for bankruptcy.
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May 10, 2024
DC Circ. Mulls Jeffrey Clark's Removal Bid In Ethics Case
Embattled former Trump administration lawyer Jeffrey Clark brought the fight to save his law license to oral arguments before a federal appeals court on Friday, though members of the D.C. Circuit panel hearing the case said they were struggling at times to follow his attorney's arguments.
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May 10, 2024
Atty's Remarks On Race And Gender Sink $12M Texas Verdict
The Supreme Court of Texas on Friday threw out a $12.45 million jury verdict awarded to a couple who were rear-ended on a highway, citing the plaintiffs' counsel's "inflammatory" and "unprovoked" accusation that the defendants wanted a lower award because one of the plaintiffs is a Black woman.
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May 10, 2024
Dem Lawmakers Call For 5th Circ. Judge To Exit CFPB Case
Six Democratic lawmakers sent a letter admonishing the Judicial Conference, saying Friday it was "undermining the integrity of the judiciary" by allowing a Fifth Circuit judge to participate in a matter in which he has a significant conflict of interest.
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May 10, 2024
Calif. May Allow Judges To Work Remotely In Civil Matters
California's Judicial Council next week will consider amending court rules to allow judges to preside remotely over civil proceedings from a location other than a courtroom.
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May 10, 2024
Ga. Dept. Of Law, Ex-Paralegal Settle Race Discrimination Suit
A Georgia federal judge has closed a former paralegal's discrimination and retaliation case against the Georgia Department of Law and a former deputy attorney general now working as a Cobb County Superior Court judge, saying a settlement has been reached.
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May 10, 2024
NJ Attys Settle Malpractice Suit Over Wawa Injury Claim
Attorneys at a New Jersey law firm have settled a malpractice lawsuit from a former client who claimed they caused him to lose his chance to sue convenience store chain Wawa over an on-the-job injury, according to a letter submitted Thursday to state court.
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May 10, 2024
Fla. Judge Rebuked For Lengthy Case Backlog
Florida's highest court has publicly reprimanded a state court judge after an investigation revealed he allowed a backlog to develop that stretched back more than two years.
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May 10, 2024
King & Spalding Accused Of Anti-White, Pro-LGBTQ Bias
A straight white woman is suing King & Spalding LLP alleging discrimination after getting the green light from the U.S. Equal Employment Opportunity Commission, claiming she incurred "significant damages" when she was dissuaded from applying to a summer associate program open only to "diverse" applicants.
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May 10, 2024
Eckert Seamans Can Shield Most Docs In Casino Conflict Row
Gaming-machine maker Pace-O-Matic Inc. cannot access most of the 182 documents competitor Parx Casino hoped to shield amid Pace-O-Matic's breach of contract suit against its former Eckert Seamans Cherin & Mellott LLC counsel, a Pennsylvania federal judge has ruled after conducting a Third Circuit-ordered, in-camera review of the files.
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May 10, 2024
Feds Seek 20 Mos. For Ex-Baltimore State's Atty
Prosecutors asked a Maryland federal court to sentence former state's attorney Marilyn Mosby to 20 months in prison after she was convicted of lying to obtain money from a retirement fund and conning a lender to obtain a vacation home, saying she "could not be trusted to tell the truth" despite her position of public trust.
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May 10, 2024
Coverage Recap: Day 11 Of Trump's NY Hush Money Trial
Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from Friday, day 11 of the trial.
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May 10, 2024
New Evidence, Old Politics To Collide In 2nd Menendez Trial
U.S. Sen. Robert Menendez and the government will face off Monday for the second time before a jury tasked with weighing bribery charges, a courtroom showdown that promises higher stakes — think flashier evidence and a more dramatic defense — than the corruption case the New Jersey Democrat escaped seven years ago.
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May 10, 2024
DC Circ. Upholds Steve Bannon's Contempt Conviction
The D.C. Circuit on Friday upheld former Trump aide Steve Bannon's conviction for contempt of Congress, rejecting Bannon's argument that he did not "willfully" flout a subpoena from the Jan. 6 House select committee because his lawyer advised him not to respond to it.
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May 09, 2024
Daniels Defiant As Trump Atty Attacks Hush Money Account
Adult film star Stormy Daniels was defiant on Thursday in the face of a grueling cross-examination by counsel for Donald Trump in the Manhattan hush money trial, who sought to discredit her account of a 2006 sexual encounter with him at a celebrity golf tournament.
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May 09, 2024
Oil Trader Sues BakerHostetler, Alleges Fake CIA Program Con
A Swiss-based oil trading company sanctioned last year by the United Kingdom for alleged ties to Russia has sued BakerHostetler in California court, alleging a con man posing as a CIA agent tried to steal control of the company as the law firm vouched for his legitimacy.
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May 09, 2024
Houston Firm Can't Escape Litigation Funder's $2M Loan Suit
A Houston-based law firm doesn't have to turn over financial documents to a litigation funder that has alleged the firm failed to pay back a more than $2 million debt, but it does have to continue litigating the underlying matter, a state appeals court ruled Thursday.
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May 09, 2024
Denver Firm Gets $1.4M Fee For Elijah McClain Settlement
A Colorado appellate court Thursday partially reversed a lower court decision awarding roughly $3.1 million to a Denver firm for its work on behalf of Elijah McClain's family in connection with a $15 million federal litigation settlement, ruling that the firm is only entitled to about $1.4 million.
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May 09, 2024
Sens. Press Colleagues For Public Defender Funding
Sen. Peter Welch, D-Vt., a former public defender, led a letter Thursday to Senate appropriators calling for the federal public defender program to receive its full funding request for the upcoming fiscal year.
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May 09, 2024
9th Circ. Says Judge Defied Order To Revive Opioid Case
The Ninth Circuit on Thursday again revived a nearly 7-year-old case against a California doctor for allegedly selling opioid prescriptions and ordered that the case be reassigned, saying the presiding judge had defied the plain language of a previous order to reinstate the indictment.
Expert Analysis
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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How The Circuit Split Over CFPB Funding May Play Out
The Second Circuit created a circuit split last month when it found that the Consumer Financial Protection Bureau's funding structure doesn't violate the U.S. Constitution and clashed with the Fifth Circuit's holding that the CFPB itself is unconstitutional, but the U.S. Supreme Court may find a middle ground, say Andrew Braunstein and Casey Howard at Locke Lord.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Insureds' Notice Pleading May Be Insufficient In Federal Court
A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.