Legal Ethics

  • July 21, 2017

    Quinn Dropped Uber Due To Fixed Fee Program, Doc Says

    Quinn Emanuel Urquhart & Sullivan LLP dropped Uber Technologies Inc. as a client last fall because a fixed fee arrangement “no longer made financial sense,” according to an email disclosed Thursday in the California federal court intellectual property battle filed against Uber by the firm’s current client Waymo LLC.

  • July 21, 2017

    Feds' Shkreli Case Nears End, Amid Testy Exchanges

    The government's case against "pharma bro" Martin Shkreli inched toward conclusion on Friday, with both sides engaged in heated sparring over the final pieces of evidence and testimony in the closely watched securities fraud trial.

  • July 21, 2017

    Uber Seeks Sanctions In Driver Misclassification Suit

    A law firm representing a class of Uber drivers claiming they were misclassified as independent contractors and denied appropriate tips has improperly used a list of class members to solicit future clients, Uber told a California federal court on Thursday, seeking sanctions while the drivers’ lawyers called the argument “patently frivolous.”

  • July 21, 2017

    WilmerHale Must Face 'Freeze-Out' Suit, Appeals Court Says

    The Massachusetts Appeals Court on Friday revived a lawsuit against WilmerHale and two attorneys, ruling that lawyers may owe fiduciary duties to minority shareholders of close corporations even when those shareholders aren’t their clients.

  • July 21, 2017

    Tenn. Law Firm Wants Fla. Timeshare Fraud Suit Nixed

    A Tennessee law firm and one of its attorneys argued Friday that a Florida country club and timeshare seller accusing it of fooling timeshare owners into paying for undelivered legal services didn't establish citizenship for all the parties to show a Florida federal court should handle the case.

  • July 21, 2017

    Fla. Atty In $300M Internet Cafe Case Reinstated To Bar

    The Florida Supreme Court has ended the suspension of attorney Kelly Mathis, whose conviction for helping Allied Veterans of the World run a $300 million illegal gambling ring was overturned, and reinstated him to the practice of law.

  • July 21, 2017

    Pharma Co. Fails In DQ Bid Against Ex-CEO's Counsel

    The attorneys for a pharmaceutical company’s former CEO can keep representing him in his suit against his old employers, a Pennsylvania federal judge ruled Thursday, rejecting a bid by the company and its old attorneys from a previous suit against the ex-CEO to kick his counsel out of the instant suit.

  • July 21, 2017

    Chinese Students Ask To Join $89M EB-5 Scam Suit

    Three Chinese college students asked an Illinois federal judge on Thursday for permission to join the Securities and Exchange Commission’s suit against an immigration attorney accused of funneling money from the nearly $89 million he collected from EB-5 visa holders into his own pockets.

  • July 21, 2017

    Texas High Court Won't Review Ex-US Rep's Suspension

    The Texas Supreme Court on Friday declined to review a former U.S. representative and defense attorney’s argument that his law license was wrongly suspended for 18 months after a scheduling conflict with two impending trials.

  • July 21, 2017

    Freeh Says Ex-PSU President's Conviction Dooms Libel Suit

    Former FBI Director Louis Freeh on Thursday asked a Pennsylvania state court judge to end a libel suit from ex-Penn State President Graham Spanier over a report addressing the university’s handling of the Jerry Sandusky sex-abuse scandal, pointing to Spanier’s March criminal conviction.

  • July 20, 2017

    Ill. County Public Defender’s Office Beats Bias Claims At Trial

    An Illinois federal jury has rejected a former assistant public defender’s claims that he was discriminated against because of his age, gender and race when denied a promotion within the Cook County Public Defender's Office.

  • July 20, 2017

    20 Minutes Of Research Could've Ended Book Row: Judge

    A Brooklyn federal judge on Wednesday slammed the attorneys behind a copyright suit over an Ethiopian cookbook, hitting them with sanctions and levying attorneys’ fees on their client after finding the case could have been avoided with 20 minutes of legal research.

  • July 20, 2017

    Greenberg Fights Ex-Client's DQ Bid In Wine Biz Fray

    Greenberg Traurig LLP accused a California winemaker and former client on Wednesday of trying to “wipe the slate clean” in a business breakup dispute through a recent tactical disqualification bid.

  • July 20, 2017

    Shkreli, Gov't Embroiled In Investor Evidence Fight

    Attorneys for Martin Shkreli and prosecutors in his securities fraud trial on Thursday traded barbs over a government bid to admit a slew of investor documents into evidence without calling those investors to the witness stand, which the defense claims would violate Shkreli's Sixth Amendment rights.

  • July 20, 2017

    Lawyer Group Blasts Issa's Attack On Gilstrap's Venue Rules

    The American Board of Trial Advocates on Wednesday castigated a House member who said it was "reprehensible" that Eastern District of Texas Judge Rodney Gilstrap recently issued a ruling that may keep patent cases in his district, saying politics "has no place in our courts."

  • July 20, 2017

    Kilpatrick Must Face Farm Lobbyist's Unjust Enrichment Claim

    A District of Columbia appeals court on Thursday said Kilpatrick Townsend & Stockton LLP will have to face an unjust enrichment claim from a black farmer advocate who says he wasn’t paid for helping secure a congressional bill funding a massive class action settlement for minority farmers.

  • July 20, 2017

    Christmas Tree Co.'s Counsel DQ'd By Judge-Shopping Claim

    A California federal judge on Wednesday disqualified a law firm hired late in a patent dispute over artificial Christmas trees in a move that resulted in a judge’s recusal, finding the appearance of judge-shopping and duplicated judicial efforts outweighed any overriding need to use that firm.

  • July 20, 2017

    Elliott Greenleaf Atty Elected As Interim Philly DA

    Philadelphia’s Board of Judges on Thursday elected former prosecutor Kelley B. Hodge, of counsel at Elliott Greenleaf, to serve as the city’s interim district attorney and finish the remainder of the term left empty as a result of Seth Williams’ bribery conviction.

  • July 20, 2017

    Dentons Ex-Associate Pleads Not Guilty To Extortion Plot

    A former litigation associate at Dentons on Thursday pled not guilty to felony extortion charges stemming from threats he allegedly made to release confidential and sensitive materials taken from a partner’s email account unless the firm paid him $210,000 and handed over a piece of artwork.

  • July 20, 2017

    Pa. Atty Pushes For Discovery In Defamation Row With Rival

    An attorney facing $2 million damages for pursuing a purportedly frivolous lawsuit has urged a Pennsylvania state judge to force a rival to turn over information about allegedly defamatory expert testimony he provided in the legal ethics trial that led to the jury award. 

Expert Analysis

  • The Elephant In The Room: Advancing Women To Partnership

    Anusia Gillespie

    Despite more focus and investment, the numbers continue to show little progress in advancing women to the top tiers of firm leadership. Considering the irreversible nature of the transformation of the market for top talent, it is time to start experimenting and innovating from the core, rather than from the periphery, say Anusia Gillespie and Scott Westfahl of Harvard Law School.

  • How Midsize Law Firms Can Minimize Cybersecurity Threats

    K. Stefan Chin

    It can be challenging for midsize law firms to develop an enterprise cybersecurity program that mitigates the eminent threat of data breach and meets the regulatory and compliance requirements of the firm and its clients. This challenge becomes daunting when considering the steady rise in client audits, say K. Stefan Chin of Peckar & Abramson PC and John Sweeney of Logicforce.

  • Weekly Column

    Innovating For Wise Juries: Matching Experts

    Stephen Susman

    In the penultimate installment of this series, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project answer a question on many legal analysts’ minds: What if both sides’ expert witnesses sat in a hot tub discussing the case while a jury watched?

  • Rebuttal

    The Rise Of Midsize Firms

    Ronald Shechtman

    Recently, this publication featured an op-ed in which one law firm partner contended that midsize firms will be the next casualty of the legal market, due to a supposed inability to compete with BigLaw or boutique firms for business. Though we can expect to see Am Law firms continue to lead the market in megadeals and life-or-death litigations, by all indications midsize is on the rise, says Ronald Shechtman of Pryor Cashman LLP.

  • 5 Questions To Ask Yourself Before Submitting Litigation AFA

    Gregory Lantier

    Outside counsel should be able to articulate why she is proposing an alternative fee arrangement for this matter. If the client has not requested an AFA or the case is unusually difficult to budget with accuracy, this might not be the case to propose an AFA, say attorneys with WilmerHale.

  • How Mobile Apps Can Benefit Your Practice

    Sean Cleary.jpg

    Despite the boom in mobile application development, many lawyers are still reluctant when it comes to using apps in their daily work. Attorney Sean Cleary explores the benefits and shares some recommendations for apps geared toward attorneys.

  • Evaluating Effect Of Bad Atty Advice On Case-By-Case Basis

    James Aldrich

    The U.S. Supreme Court's recent decision in Jae Lee v. United States specifically rejected any one-size-fits-all test for evaluating the effect of the prejudice of faulty representation on a defendant’s decision to plead guilty or go to trial. With no objective standard provided by this decision, these cases will likely result in different applications in different federal circuits, says James Aldrich of Dykema Gossett PLLC.

  • Rebuttal

    The Future Of Litigation Finance Is Analytics

    Eva Shang

    In a recent Law360 guest article, Christopher Bogart of Burford Capital LLC claimed that "while theoretically well designed to find the proverbial needle in a haystack, big data and AI currently lack the ability to do so usefully in a commercial litigation financing context." But AI can manage many of the tasks that litigation financiers would otherwise perform, says Eva Shang, co-founder of Legalist Inc.

  • Where AI Meets Cybersecurity And The Legal Profession

    Randy Sabett

    Artificial intelligence and machine learning will continue to be a major focus for the legal community, whether as an isolated topic, as it intersects with cybersecurity, or within the legal profession itself. Each of these raises unique concerns for attorneys, says Randy Sabett, vice chair of Cooley LLP's privacy and data protection practice group.

  • Weekly Column

    Innovating For Wise Juries: Interim Arguments

    Roy Futterman

    By allowing attorneys to summarize what has just occurred in testimony and how it fits into the wider case narrative, courts can substantially improve juror comprehension through every step of a trial. Yet interim arguments are not practiced regularly, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.