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Legal Ethics

  • October 15, 2018

    Labaton State Street Atty Fee Accord Not Yet A Done Deal

    A proposed settlement between Labaton Sucharow LLP and the special master appointed to investigate alleged improprieties in a $75 million attorneys' fee award in the State Street Corp. swindling case was met with some resistance from the judge presiding over the case and fellow co-counsel during a hearing Monday in a Boston federal courthouse.

  • October 15, 2018

    Ga. Atty Convicted In $26M Firm Embezzlement

    A Georgia attorney charged with draining $26 million from his firm to support lavish spending on girlfriends, golf trips and a bad gambling habit was convicted Friday on all counts by a federal jury.

  • October 15, 2018

    Gender Disparity At The High Court: How Top Law Firms Measure Up

    For the women at elite law firms, an enduring gender gap among advocates can create a high hurdle for their high court ambitions. Here, Law360 looks at the law firms where women score Supreme Court arguments, and where they don’t. (This article is part of a series examining the gender gap among high court advocates.)

  • October 15, 2018

    Calif. Supreme Court Recuses Itself In Judicial Raises Case

    The entire California Supreme Court has recused itself from an appeal that involves whether the Golden State owes about $36 million worth of back wage and pension payments to a class of more than 3,000 current and former judges.

  • October 15, 2018

    Pipeline Co. Wants $1.5M In Atty Fees For Frivolous Suit

    The Houston Pipe Line Co. LP asked a Florida federal court Friday for $1.5 million in attorneys’ fees for having to fight off what it called an “objectively frivolous claim” from Continental Holdings Inc. trying to pass off responsibility in a suit by the city of Jacksonville over cleanup costs from a former gas plant.

  • October 15, 2018

    Schnader Harrison Wants Inheritance Malpractice Case Axed

    Schnader Harrison Segal & Lewis LLP has hit back against a malpractice suit brought by the sister of Philadelphia Phillies owner John Middleton, saying the "ridiculous allegations" the firm sabotaged her yearslong inheritance battle with her brother are barred by the statute of limitations.

  • October 15, 2018

    1 In 4 Women In Law Experienced Recent Harassment: Report

    One in four professional women working in the legal industry experienced some form of sexual harassment or misconduct in the past five years, according to a survey released Monday.

  • October 15, 2018

    Why Is There So Much Bullying In The Legal Industry?

    Mounting evidence shows the legal industry has a serious problem with bullying and harassment, a reality that some say is caused by structural inequality, while others point to a culture of aggression.

  • October 12, 2018

    Will The Future Of The Supreme Court Bar Be Female?

    While women have made significant inroads into the elite world of U.S. Supreme Court advocacy, last term the number of women arguing at the court hit a decade low. Was it an off year? Or a sign of progress stalled? (This article is the first in a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Supreme Court Women: A Vet & 1st-Timer Talk Gender Disparity

    In exclusive on-camera interviews with Law360, the most prolific female U.S. Supreme Court advocate of the past decade and a first-timer reflect on the status of women in a field still dominated by men. (This article is part of a series examining the gender gap among high court advocates.)

  • October 12, 2018

    Ill. Lawyer's $25M Deal Was Misleading, Commission Says

    An Illinois lawyer who settled a quadriplegic man's personal injury suit for $25 million charged his client dishonest fees and improperly withheld details he learned about a jury note before accepting the deal minutes later, according to a complaint made public Friday.

  • October 12, 2018

    W.Va. High Court Halts Impeachment Of Chief Justice

    The acting West Virginia Supreme Court of Appeals justices struck down the articles of impeachment issued against Chief Justice Margaret Workman, saying the accusations against her concerned matters under the authority of the court system and not the legislature and calling the impeachment process rushed.

  • October 12, 2018

    Boston Globe Sues To Access 'Secret Court' Docs

    Massachusetts residents deserve access to records from the "secret courts" that determine whether criminal cases will be brought, The Boston Globe said Thursday in a petition urging the state's highest court to look into the question.

  • October 12, 2018

    W.Va. Ex-Justice Who Took Famous Desk Guilty Of Fraud

    Former West Virginia Supreme Court Justice Allen Loughry was convicted Friday on 11 counts of fraud, witness tampering and false statements after prosecutors said he helped himself to government transportation and court furniture, including a historic desk associated with an early celebrity architect.

  • October 12, 2018

    Landowners' Counsel DQ'd In Okla. Pollution Suit

    An Oklahoma federal judge has disqualified an entire law firm from a pollution case against Kinder Morgan in which one plaintiff-side lawyer formerly working on it had a conflict from a seven-year-old matter.

  • October 12, 2018

    NJ Atty Disbarred For Stealing $19K In Legal Fees

    The New Jersey Supreme Court has stripped an attorney of her license to practice law in the state for pocketing about $19,000 in legal fees owed to a firm where she worked as an associate and took steps to conceal her misconduct.

  • October 12, 2018

    Pa. Firm Can't Split Legal, Medical Malpractice Cases

    A Pittsburgh law firm can’t separate a legal malpractice suit accusing its attorneys of missing the statute of limitations for a Virginia teen’s misdiagnosed sports injury from the underlying medical malpractice case, a Pennsylvania federal judge ruled Friday.

  • October 12, 2018

    Class Attys Defend 'Boss, Give Money' Notice On WeChat

    Attorneys bringing a proposed class action accusing a New York City car service of violating the Fair Labor Standards Act have argued that they should not be sanctioned for posting a notice of the case on the Chinese social media site WeChat in a post titled “Boss, Give Money.”

  • October 12, 2018

    McDonald's Slams Ex-Bush Atty's Call For NLRB Recusals

    McDonald’s has told the National Labor Relations Board to ignore a call by President George W. Bush's chief ethics lawyer for members John Ring and Bill Emanuel to sit out a closely watched joint employment case, saying his legal arguments are flawed and possibly motivated by his opposition to President Donald Trump.  

  • October 12, 2018

    Attys Spar Over Sanctions Bids In Appeal Of $7.5M Uber Deal

    Attorneys representing objectors to a $7.5 million settlement in a California suit alleging Uber Technologies Inc. violated the Fair Credit Reporting Act by conducting background checks without drivers' knowledge told the Ninth Circuit that the settling class counsel’s “unethical” and “outrageous” actions are muddying their appeal.

Expert Analysis

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.