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Legal Ethics

  • December 13, 2018

    Ky. Court Adopts 'Exoneration Rule' For Legal Malpractice

    The Kentucky Supreme Court has ruled that people convicted of crimes cannot file a claim for malpractice unless they have been exonerated or received some other type of post-conviction relief, saying that such a rule is common in other jurisdictions.

  • December 13, 2018

    Judge Denies Firm's Bid To Cut Kickback Claims In Report

    A Florida federal judge said Thursday that she would not delete references to allegations of a kickback scheme involving Bernstein Litowitz Berger & Grossmann LLP from her report and recommendation for a lead plaintiff in a class action against health care administration company Mednax.

  • December 13, 2018

    NJ Judge Denies 'Sexual Innuendo' Behind Courtroom Remark

    A New Jersey municipal court judge has been hit with an ethics complaint for making an allegedly inappropriate remark to a criminal defendant about a year ago regarding the conditions of her release, a comment the jurist denied could be interpreted as “sexual innuendo.”

  • December 13, 2018

    $250M State Farm Deal OK'd Amid Objector's Threat To Appeal

    An Illinois federal judge gave the final go-ahead Thursday to a $250 million settlement in a class action accusing State Farm of using campaign donations to buy an Illinois Supreme Court justice’s vote, but an objector to the deal has said she will likely appeal.

  • December 13, 2018

    Locke Lord Accused Of Missing Health Plan's ERISA Liability

    The independent fiduciary for a failed health benefits plan accused Locke Lord LLP in a complaint filed in Illinois federal court of providing faulty legal advice that ultimately helped to spell the plan’s doom.

  • December 13, 2018

    Ex-Atty, Stock Promoter Admit To Pump-And-Dump Scheme

    An ex-lawyer and a stock promoter pled guilty Thursday in federal court in Miami in connection with a $1 million pump-and-dump scheme involving shares of a beauty supply company, according to the U.S. Department of Justice.

  • December 13, 2018

    Law360's The Week In Discipline

    An Ohio attorney caught on tape calling his opposing counsel and a witness "idiots" and a Washington lawyer sanctioned for trying to "correct" a federal judge lead Law360's The Week In Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • December 12, 2018

    It's Too Early To Say Doc Is Dodging Fees, Fla. Court Tells Atty

    A Florida appeals court on Wednesday dismissed the appeal of a trial court order ending an attorney’s claims against his former client, a Miami-area chiropractor, whom the attorney claims settled on his own with an insurer to circumvent the lawyer’s right to fees.

  • December 12, 2018

    Pa. Law Firm Hit With Debt Collection Suit By Consumers

    A Pennsylvania-based law firm is facing class claims alleging that notices it sent to consumers about actions against them did not live up to requirements under the Fair Debt Collection Practices Act.

  • December 12, 2018

    NY Judge Resigns After Allegations Of Homophobic Remarks

    An upstate New York judge has resigned following an ethics complaint that claimed he made homophobic remarks to a local attorney, allegedly using "gay" as a derogatory term when referring to a film festival and suggesting that the attorney and film star Viggo Mortensen should "get a hotel room."

  • December 12, 2018

    Chase Says Workers Reneged On Deal To End Seating Suit

    JPMorgan Chase accused two workers of reneging on a deal to drop a long-running California federal suit alleging it violates the state’s suitable seating law Tuesday, calling the purported about-face “vexatious, wanton and oppressive” and urging a judge to enforce the settlement.

  • December 12, 2018

    Ex-NFLer Fights 'Frivolous' Sanctions Bid In Home Build Suit

    A former New England Patriots linebacker urged a Massachusetts federal court Tuesday to ditch a bid for sanctions against him and his wife by a company accused of failing to build his dream house, saying the motion is a "frivolous" attempt to block testimony from key players in the breach-of-contract and copyright case.

  • December 12, 2018

    Texas Law School Walks Back Student's Exam Ban

    The University of North Texas at Dallas College of Law on Wednesday agreed to let a first-year student back on campus to take his final exams despite a suspension over alleged threats he made, after the student filed suit in Texas state court.

  • December 12, 2018

    Ex-Judges Urge ICE Not To Detain Immigrants In Courthouses

    U.S. Immigration and Customs Enforcement should refrain from making arrests or conducting other enforcement activities at the nation’s courthouses, 68 former state and federal judges argued Wednesday in a letter to the federal agency.

  • December 12, 2018

    Mass. US Atty Sees No Issue With ICE Courthouse Arrests

    Massachusetts’ top federal prosecutor said Wednesday that U.S. Immigration and Customs Enforcement agents have a right to make arrests at courthouses, weighing in on the matter after a Boston-area judge was accused of helping an undocumented immigrant escape ICE custody last week.

  • December 12, 2018

    National Enquirer Co. Admits Covering Up Trump Affair Story

    American Media Inc., which publishes the National Enquirer, has admitted to paying a woman $150,000 in order to help President Donald Trump hide his alleged affairs and bolster his chances of being elected president, federal prosecutors revealed on Wednesday.

  • December 12, 2018

    Fla. Justices Won't Rehear Judge's Facebook Friend Recusal

    The Florida Supreme Court said Wednesday it would not reconsider its ruling that a Facebook friendship between a judge and an attorney appearing in the judge’s court does not by itself demand the judge’s recusal.

  • December 12, 2018

    Cohen Gets 3 Years For Russia Lies, Paying Trump Women

    A Manhattan federal judge sentenced Michael Cohen, President Donald Trump's former lawyer, to three years in prison Wednesday for a “smorgasbord” of crimes, including paying off two women who said they had affairs with the president, lying to Congress about Russia, and dodging taxes on $4.1 million of income.

  • December 11, 2018

    NC Atty Charged With Aiding Client's Immigration Fraud

    A North Carolina immigration attorney has been accused of helping an unauthorized immigrant use a U.S. citizen's identity to apply for Deferred Action for Childhood Arrivals status, the U.S. Department of Justice announced Monday.

  • December 11, 2018

    Ill. Appeals Court Revives Bank's Legal Malpractice Suit

    A bank that claimed its lawyers knowingly misled it down a path of fruitless litigation after voluntarily dismissing its last viable foreclosure action should have been given a chance to plead around its attorneys’ statute of limitations defense, an Illinois appeals court held Friday.

Expert Analysis

  • Guest Feature

    The Subtle Art Of Fred Fielding

    He was White House counsel to two presidents. When Reagan was shot, he explained the chain of command to a four-star general. And until a few years ago, many people still thought he was Deep Throat during the Watergate scandal. Fred Fielding of Morgan Lewis & Bockius may be the quintessential Washington insider. White and Williams attorney Randy Maniloff visits him to learn more.

  • Lessons In Keeping Accountant-Client Emails Privileged

    Mark Leeds

    In U.S. v. Adams, the taxpayer successfully asserted that attorney-client privilege extended to emails with his accountant, but failed to protect underlying documents due to muddy practices. Attorneys at Mayer Brown LLP distill the court’s decision and provide unclouded strategies for keeping communications with accountants away from government scrutiny.

  • 10 Tips For Law Firms To Drive Revenue Via Sports Tickets

    Matthew Prinn

    Many law firms have tickets or luxury suites at sporting events to host clients and prospects. Matthew Prinn of RFP Advisory Group and Matt Ansis of TicketManager discuss some of the ways that firms can use those tickets effectively.

  • Inside Key ABA Guidance On Attorneys' Cybersecurity Duties

    Joshua Bevitz

    A recent opinion from the American Bar Association provides useful guidance on attorneys’ obligations to guard against cyberattacks, protect electronic client information and respond if an attack occurs, says Joshua Bevitz of Newmeyer & Dillion LLP.

  • Opening Comments: A Key Strategic Decision In Mediation

    Jann Johnson

    Opening comments by parties in mediation that are made with the proper content and tone can diffuse pent-up emotion and pave the way for a successful resolution. But an opening presentation can do more harm than good if delivered the wrong way, say Jann Johnson and William Haddad of ADR Systems LLC.

  • Opinion

    Why We Need Anti-Money Laundering Whistleblower Awards

    Eric Havian

    The recent Mossack Fonseca indictments and Deutsche Bank raid would not have been possible without the whistleblower behind the Panama Papers leak. But there is no incentive for rooting out the type of criminal money laundering revealed here, creating a large enforcement gap, say Eric Havian and Michael Ronickher of Constantine Cannon LLP.

  • In-House Counsel’s Role As Whistleblower

    Excerpt from Lexis Practice Advisor
    Devika Kewalramani

    In-house attorneys owe a duty of confidentiality to their corporate clients and are obligated to preserve attorney-client privilege. But they are also likely to be exposed to sensitive internal issues, thereby increasing the potential for circumstances where it might be appropriate to "blow the whistle," says Devika Kewalramani of Moses & Singer LLP.

  • It's Harder To Withdraw From MDLs — For Good Reason

    Jennifer LaMont

    Motions by counsel to withdraw from representation that are filed earlier in a case will more likely succeed. But the complexity and costs of multidistrict litigations may speed up the stopwatch as to when motions to withdraw are not viable, say Jennifer La Mont and Kaitlyn Stone of Drinker Biddle & Reath LLP.

  • Series

    Judging A Book: Ginsburg Reviews 'The Curse Of Bigness'

    Judge Douglas Ginsburg

    When reading Tim Wu’s new book, "The Curse of Bigness: Antitrust in the New Gilded Age," lawyers, economists and historians will find its broad brush maddening, and the generalist reader will simply be misled, says D.C. Circuit Judge Douglas Ginsburg.

  • Jurors Should Ask More Questions During Trials

    Matthew Wright

    Permitting jurors to submit written questions, or even to pose questions orally to witnesses on the stand, advances several important goals and promotes both fairness and efficiency, says Matthew Wright of McCarter & English LLP.