Legal Ethics

  • December 06, 2021

    Victims' Attys Want Docs Clawed Back In Scouts Ch. 11

    Divisions among three law firms that initially worked together in lining up thousands of alleged sexual abuse victims for claims against the bankrupt Boy Scouts of America broke further into the open Monday in a Delaware court dispute over waivers of attorney-client privilege.

  • December 06, 2021

    Details Of Ex-Credit Union GC's Firing Off-Limits At Trial

    A federal judge on Monday blocked lawyers for a state judge accused of obstructing a 2018 probe into New York City's Municipal Credit Union from asking the troubled lender's former general counsel for details about his own firing a year later.

  • December 06, 2021

    3rd Circ. Backs L'Oreal's Win In Atty's Whistleblower Suit

    The Third Circuit on Monday affirmed the dismissal of a whistleblower suit brought by a former L'Oreal USA Inc. attorney who claimed the cosmetics giant canned him for raising concerns about pressure to file baseless patent applications.

  • December 06, 2021

    Pa. Law Firm Says Federal Estate Row Barred By Settlement

    A dispute with a central Pennsylvania law firm over its handling of two sisters' estates should be tossed because it was already settled in state court, the firm told a federal judge Monday.

  • December 06, 2021

    Lelling Expects Rollins' Confirmation Despite 'Polarization'

    Former Boston U.S. Attorney Andrew Lelling blamed partisan politics and public concerns about crime for intensifying Rachael Rollins' nomination as Massachusetts' next top federal prosecutor, but he expects the progressive district attorney will take his old seat anyway.

  • December 06, 2021

    Cook Co. Atty, Judges Want Out Of Ill. Name-Change Law Row

    Cook County's state's attorney and two of its judges urged an Illinois federal judge on Monday to throw out a lawsuit brought by eight transgender women who claim a state law preventing them from changing their legal names because of their felony convictions is unconstitutional, saying they aren't the proper defendants for such a challenge.

  • December 06, 2021

    Novel Obstruction Indictment Of Mass. Judge Puzzles 1st Circ.

    The First Circuit on Monday struggled with how to define the scope of judicial immunity for a Massachusetts state court judge who is charged with obstruction of justice for allegedly helping an immigrant evade federal custody, noting that the case is unprecedented.

  • December 06, 2021

    Davis Polk Again Seeks End To Associate Discrimination Case

    A dive into the track record of a former Davis Polk & Wardwell LLP associate has uncovered "no witness or document" backing his story that he was pushed out for raising concerns about race and diversity, the firm told a New York federal court on Monday.

  • December 03, 2021

    JPMorgan Beats 'Frivolous' Suit Claiming Trust Fraud

    A federal judge has tossed a Florida man's suit accusing JPMorgan Chase and an Ohio law firm of fraudulent trust administration and defrauding the court, and ordered him and his attorney to cover the defendants' attorney fees and costs as a sanction for filing the "frivolous" suit.

  • December 03, 2021

    Former Tyson Execs Denied Mistrial On Price-Fixing Charges

    A Colorado federal judge refused to declare a mistrial Friday for two former Tyson Foods executives battling the U.S. Department of Justice over criminal charges of fixing the price of chicken.

  • December 03, 2021

    Maryland Atty Charged With $8.5M Escrow Fraud In NY Court

    A Maryland attorney stole $5.1 million in escrow funds from a medical equipment supplier and then attempted to avoid a civil contempt order by filching $3.4 million from another client's escrow account, Manhattan federal prosecutors alleged Friday.

  • December 03, 2021

    Convicted Atty Disbarred In NJ Over Mortgage Fraud Scheme

    The New Jersey Supreme Court has yanked the state law license of an attorney over her criminal convictions for taking part in a roughly $873,000 mortgage fraud scheme where a lender provided loans based on her misrepresentations as the buyers' counsel, rejecting her bid for suspension.

  • December 03, 2021

    Ex-Knicks Star Fights Sanctions Threat For Failed Assault Suit

    Former Knicks star Charles Oakley told a Manhattan federal judge that Madison Square Garden and its chairman can't pursue sanctions over a protracted legal battle regarding his 2017 ejection from the arena because the case was brought in good faith and has already been dismissed.

  • December 03, 2021

    Ala. Mill To Pay Plaintiff Attys In 'Poisoned' Employment Case

    Following a default judgment triggered by repeated defense-side misconduct, an Alabama steel mill agreed Thursday to pay plaintiffs more than $108,000 in attorney fee reimbursements in a federal wage-and-hour case.

  • December 03, 2021

    Powell, Other Attys Ordered To Pay $175K Over Election Suit

    A Michigan federal judge has ordered Sidney Powell, L. Lin Wood and several other sanctioned attorneys to pay roughly $175,000 in fees to the state of Michigan and the city of Detroit for bringing a 2020 election challenge that the judge previously called a "profound abuse of the judicial process."

  • December 03, 2021

    Legalist Accused Of Stealing Legal Database's Trade Secrets

    Leopard Solutions is claiming litigation finance company Legalist Inc. stole "enormous swaths" of the legal database's proprietary content through a free trial subscription period to make its own set of data.

  • December 03, 2021

    Texas Justices Won't Free Atty From Undisclosed Death Suit

    The Texas Supreme Court on Friday declined to review a Houston attorney's bid to escape a malpractice suit stemming from his failure to disclose the death of a client to opposing counsel and a judge, allowing the client's sons to proceed with litigation against him.

  • December 03, 2021

    Ex-Nissan GC Turned Whistleblower Must Destroy Docs

    A London judge on Friday ordered the former global general counsel for Nissan to return or destroy copies of confidential documents taken from the auto giant that he's using in a whistleblower case against his beleaguered ex-employer.

  • December 03, 2021

    NJ Township Atty Steps Down After Making Racist Joke

    Montclair, New Jersey's township attorney, Ira Karasick, has stepped down from his role this week, after admitting that he made a "stupid, insensitive remark" in front of several Black township residents while he was in Trenton arguing in an appeal related to a rent control case.

  • December 03, 2021

    Kossoff Accused By DA Of $14M Escrow Theft, To Plead Guilty

    New York City real estate attorney Mitchell Kossoff, of the defunct Manhattan law firm Kossoff PLLC, surrendered to authorities Friday on accusations that he stole $14 million of clients' escrow money. His attorney said Kossoff would plead guilty.

  • December 02, 2021

    Avenatti Wants New Nike Trial Over Potential Brady Violation

    After winning a mistrial this summer in his California wire fraud case over prosecutors' failure to share potentially exculpatory evidence, Michael Avenatti told a New York federal judge Thursday that similar concerns require a new trial following his conviction for trying to extort $25 million from Nike.

  • December 02, 2021

    NY Atty Gets 57 Months Over Theft Of Girl's Inheritance

    A Long Island attorney who allegedly stole $2 million in wrongful-death inheritance from his client's minor granddaughter was sentenced to 57 months in prison and ordered to pay forfeiture and restitution on Thursday, in what the young victim's attorney called "cold justice."

  • December 02, 2021

    'Housewives' Star Says Feds Poisoned Trial With Hulu Doc

    "Real Housewives of Salt Lake City" star Jen Shah said two U.S. Department of Homeland Security investigators ignored Manhattan federal court rules by discussing her telemarketing fraud charges ahead of trial in a Hulu documentary released Monday.

  • December 02, 2021

    Atty Sanctioned For 'Mountain Of Evasiveness' Settles

    A Houston appellate court Thursday granted a joint motion freeing a Houston attorney from a $150,000 sanction that a trial judge issued after finding that the lawyer's and his client's "numerous outright lies" amounted to a "mountain of evasiveness."

  • December 02, 2021

    DC Circ. Doubts Atty Can Appeal Disciplinary Panel Referral

    A D.C. Circuit panel on Thursday seemed ready to toss a Mohrman Kaardal & Erickson PA partner's challenge to a federal court order referring him to a disciplinary panel over his role in a pro-Trump election lawsuit, saying the ruling is not a final decision that can be appealed.

Expert Analysis

  • Series

    Embracing ESG: PayPal CLO Talks Gauging Impact And Intent

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    For legal teams, the corporate evolution toward more intentional post-COVID-19 environmental, social and governance strategies means deeper integration across business functions, seeking counsel on emerging issues affecting stakeholders, adapting initiatives around changing policies and regulations, and advancing ESG reports to better measure impact, says Louise Pentland at PayPal.

  • The Implications Of COP26 For Legal Practitioners

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    Developments at the recent United Nations Climate Change Conference will create both opportunities and risks for lawyers — with many new laws, regulations and industry best practices to track, and a growing pipeline of new energy and infrastructure projects to facilitate, say Caroline May and Charles Winch at Norton Rose.

  • Without Leadership Buy-In, Law Firm DEI Efforts Stand To Fail

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    A law firm's diversity, equity and inclusion strategies need the full attention and support of its top leadership to succeed, and requiring the firm's key decision makers to join the DEI committee can make the difference, says Noble Allen at Hinckley Allen.

  • Series

    Confronting Origination Credit: Self-Advocacy Tips For Attys

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    Female lawyers and lawyers of color have historically not been privy to the rules of the origination credit game, but they can employ various strategies to increase the chances of receiving the credit they are due, such as enlisting allies for support and tracking inequity patterns, says Marianne Trost at The Women Lawyers Coach.

  • A Real-World Guide To Staying Discovery In Federal Court

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    Pleas for stay of discovery under the Federal Rules of Civil Procedure are often rejected when motions to dismiss are pending due to a tenacious tangle of case law, imposing financial and administrative burdens on parties, but some unambiguous rules of thumb can be gleaned to maximize the chances of a discovery stay, says Amir Shachmurove at Reed Smith.

  • SEC Warning To Crypto Attys Harkens To Prior Crackdowns

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    U.S. Securities and Exchange Commission Chair Gary Gensler recently admonished fintech lawyers who help clients circumvent federal securities laws, which is a throwback to similar warnings to attorneys during the 2018 initial coin offering bonanza and 1990 savings and loan crisis, suggesting those who control access to crypto investors may face increased scrutiny, says cybersecurity consultant John Reed Stark.

  • What Return Of Fraud On USPTO Means For TM Practitioners

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    In Chutter v. Great Management, the Trademark Trial and Appeal Board held for the first time that reckless disregard for the truth in declarations constitutes fraud on the U.S. Patent and Trademark Office, alerting practitioners that their inattention could result in cancellation of clients' trademarks, says Laura Winston at Offit Kurman.

  • Heed These Rules, Or Risk Your Argument On Appeal

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    Failing to meet the scattered requirements for appellate preservation can have dire consequences, so litigants must understand the relevant briefing rules, the differences between waiver and forfeiture, and the four components of a pressed argument in order to get their case fully considered on appeal and avoid sanctions or dismissal, says Michael Soyfer at Quinn Emanuel.

  • What To Include In Orders Governing Remote Arbitration

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    When conducting remote arbitration, attorneys should negotiate written orders that spell out clear rules on technology accommodations, document handling, witness readiness and other key considerations to ensure parties' rights are protected and the neutral's time is not wasted, say Matthew Williams and Christina Sarchio at Dechert.

  • Series

    Embracing ESG: CBRE GC Talks Effective Compliance Emails

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    Good corporate governance requires communicating expectations for ethical conduct, but compliance emails need not be overly technical — a relatable story told in simple language with humility and respect can create internal communications that drive home the message, says Laurence Midler at CBRE.

  • The Hazards Of Female Lawyers Being 'Office Moms'

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    Female attorneys are frequently credited with being the "office moms" who do critical but undervalued work — from bringing birthday cakes to serving on diversity committees — but as lawyers return to offices, now is a good time for employers to rectify the gender imbalance that disadvantages women, say Ninth Circuit Judge Margaret McKeown and Fine Kaplan partner Roberta Liebenberg.

  • Discovery Immunity For Draft Expert Reports Lacks Clarity

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    Court rulings on whether — and when — drafts of expert reports are immune from discovery have been inconsistent, so the Federal Rules of Civil Procedure should be amended to better distinguish between draft and final expert reports, say attorneys at Lowenstein Sandler.

  • A Phased Approach To In-House Legal Tech Adoption

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    In-house legal departments that adopt new technologies too quickly often face frustration or failure, so to help ensure a smooth transition, companies should consider a multistep approach, depending on where they stand with respect to modernizing legal processes, says Tariq Hafeez at LegalEase Solutions.

  • Series

    Confronting Origination Credit: How Firms Can Redo Policies

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    To promote a more diverse and equitable workforce — not to mention better teamwork and higher profits — law firms must tackle common misconceptions about origination credit and design compensation systems that reflect four critical concepts about client relationships, says Blane Prescott at MesaFive.

  • How To Comply With ABA's New Language Access Guidance

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    Considering the American Bar Association's recent language access guidance for lawyers working with clients with whom communication is impeded, attorneys should carefully navigate social and cultural differences and take steps to maintain professional obligations, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

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