Legal Ethics

  • April 21, 2017

    Ex-Judges, Prosecutors Back Fla. State Atty Over Removal

    A group of ex-judges and current and former prosecutors from around the country on Friday backed Florida prosecutor Aramis Ayala in her bid to stop Florida Governor Rick Scott from yanking her from 23 homicide cases over her reluctance to pursue the death penalty in a high-profile double-murder case.

  • April 21, 2017

    Feds Face Long Odds For Giuliani DQ In Gold Trader's Case

    Prosecutors won’t easily push Rudy Giuliani of Greenberg Traurig LLP and Michael Mukasey of Debevoise & Plimpton LLP from the defense team of a Turkish gold trader accused of violating U.S. sanctions on Iran, according to experts, who say it will take more than general concerns over Greenberg’s lobbying work for the Turkish government.

  • April 21, 2017

    Reed Smith Client Re-Ups Sanctions Bid After Atty Threatened

    The Chefs’ Warehouse Inc. asked a California federal judge to keep its Reed Smith LLP attorney from having to be in the same room as an employment lawyer who was sanctioned for his conduct during a deposition, saying Friday a new threat has the company’s attorney fearing for her safety.

  • April 21, 2017

    Tag-Along Clients Carry Conflict Risks, Experts Warn

    Obliging a longtime client’s request to take on a short-term piece of business for another company may seem like a good way to build the primary relationship, but such “accommodation clients” also carry often-overlooked conflict risks, a panel of legal liability specialists said Friday.

  • April 21, 2017

    Patent Atty Alleging Ford Kept Her Jobless Says Suit Has Legs

    An unemployed patent attorney told a Michigan federal court Thursday that there’s no reason to throw out her antitrust lawsuit against Ford for allegedly conspiring to keep her out of a job despite her submitting more than 600 applications to various other employers.

  • April 21, 2017

    Dewey Prosecution Rests In Retrial, Defense Plans Unclear

    New York prosecutors finished laying out their fraud case Friday against two former executives of failed law firm Dewey & LeBoeuf LLP, turning the focus to whether Stephen DiCarmine and Joel Sanders will take the stand in their own defense before the jury starts deliberations.

  • April 21, 2017

    Texas Firm Can't Ditch Class Complaint Of Inflated Fees

    A federal judge Thursday refused to throw out a putative class action alleging a Texas law firm operated as a “collection mill” and ripped off clients by billing a standard amount of hours that didn’t accurately reflect the legal work performed in each case.

  • April 21, 2017

    Grassley Probes FBI's EB-5 Fraud Allegations

    Sen. Chuck Grassley is launching his own inquiry into an allegedly fraudulent EB-5 investor center, requesting more information Thursday from the U.S. Department of Homeland Security about a California attorney and her father accused of helping fugitives get visas through the program.

  • April 21, 2017

    Meyer Darragh Urges Pa. Justices To Reinstate Fee Claim

    Meyer Darragh Buckler Bebenek & Eck PLLC has urged the Pennsylvania Supreme Court to reinstate its bid to recoup litigation costs from rival Malone Middleman PC after an attorney jumped from one firm to the other with a client who later landed a $235,000 settlement.

  • April 21, 2017

    Obermayer Settles Ex-Associate's Bonus Suit

    Obermayer Maxwell Rebmann & Hippel LLP has agreed to a settlement to end claims from a former associate that he was bilked out of bonuses for his work.

  • April 20, 2017

    Ohio Court Says Conflict Warrants Atty DQ In Med Mal Row

    An Ohio attorney can't represent the estate of a woman suing doctors over prescriptions that purportedly caused a fatal drug interaction, a state appellate court ruled Thursday, finding that a conflict of interest exists because the attorney had previously represented the patient and is also believed to have employed her.

  • April 20, 2017

    Dewey Execs Rip Absent Chair, Demand MIA Witness Charge

    The two former Dewey & LeBoeuf LLP executives on trial for a second time over accusations of defrauding the defunct law firm’s lenders and investors on Thursday asked a New York judge to instruct jurors they can draw an adverse inference against the government for not calling Dewey’s former chairman to the witness stand.

  • April 20, 2017

    BigLaw Losing Fight Over Indemnity In Counsel Guidelines

    In a buyer’s market for BigLaw services, corporate clients are increasingly demanding — and getting — firms to shoulder the risk of unforeseen or unwelcome outcomes from legal work, experts said at a Thursday gathering of professional liability specialists.

  • April 20, 2017

    5th Circ. Nixes Malicious Prosecution Case Against Ex-Judge

    A process server who was ordered arrested for allegedly disrupting proceedings by the Texas state district court judge he was trying to serve lost a bid to revive his federal malicious prosecution claim when the Fifth Circuit sided with the trial court and dismissed them.

  • April 20, 2017

    Seyfarth Atty Sanctioned For Taking GSA Docs From Court

    The Civilian Board of Contract Appeals has reprimanded Seyfarth Shaw LLP attorney James R. Newland Jr. after he took documents from the table of U.S. General Services Administration counsel, amid a dispute over requested additional payments on a $136.1 million federal building renovation project.

  • April 20, 2017

    Snarky Judge Gets Heave-Ho In Ex-JPM Exec Case

    Less than a week after a wisecracking New York federal judge refused to take himself off the case of a former JPMorgan Chase & Co. executive who claims the bank fired her for flagging possible fraud, the case was quietly reassigned Thursday to another jurist.

  • April 20, 2017

    Atty Loses Bid For Restraining Order In Trade Secrets Fight

    A California federal judge on Thursday denied a request for a temporary restraining order by an attorney alleging a former partner stole trade secrets and client data to launch a competing law firm, after he accused the former partner of destroying evidence and providing false testimony.

  • April 20, 2017

    Giuliani Working On Deal With Turkey In Gold Trader's Case

    Former New York Mayor Rudy Giuliani, now at Greenberg Traurig LLP, is in talks with Turkey on a national security-related deal tied to the prosecution of a Turkish gold trader accused of hiding banking transactions that violated U.S. sanctions on Iran, according to papers unsealed Wednesday.

  • April 20, 2017

    'Housewives' Star Slams Atty's Bid To Toss Malpractice Suit

    A onetime incarcerated star of “The Real Housewives of New Jersey” and a bankruptcy trustee on Wednesday slammed her former attorney's bid to dismiss their malpractice action against him in New Jersey state court, saying the motion is part of his “litigation extravaganza” intended to delay the matter.

  • April 20, 2017

    High Court Reins In Judges On Misconduct Sanctions

    A unanimous U.S. Supreme Court decision Tuesday setting ​boundaries ​​​on litigation sanctions will discourage judges from handing down penalties that go beyond making victims whole to more severely punish attorneys and their clients who engage in discovery shenanigans or other misconduct, experts say.

Expert Analysis

  • Monthly Column

    Gray Matters: The Attorney-Client Team

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    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Weekly Column

    'Talking Bull': Episode 19, Bring It On

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.

  • Series

    Counsel To Counsel: 5 Challenges For A Law Firm GC

    John Koski

    Regardless of where we live and practice, regardless of whether trade deals succeed or fail, and regardless of whether the movement of people or capital is easy or difficult, our clients will still have needs or problems far away from home, says John Koski, global chief legal officer at Dentons.

  • Lawyers In Flow: Get Out Of Your Head And Into Your Case

    Jennifer Gibbs

    If Time Magazine is correct in that being a lawyer is one of the five worst high-paying jobs, it may be time for the legal profession to pull one from the playbook of musicians and professional athletes and seek to enter a state of “flow,” says Jennifer Gibbs of Zelle LLP.

  • Calif. Supreme Court Clarifies 'Prevailing Party' Ambiguity

    Louie Castoria

    The California Supreme Court's decision in DisputeSuite v. Score this month resolved a division of authority among California's district courts of appeal regarding who the "prevailing party" is when a California contract case is dismissed on procedural grounds, but may be refiled in another state. This decision is a narrow one hinging on the fact that DisputeSuite will have its day in court in a distant, contractually agreed upon, ... (continued)

  • Satire

    A Law Firm Ranking Model By 'Fake News & Distorted Reports'

    Alan B. Morrison

    Suffering from law firm ranking fatigue? Bewildered by the methodologies? If so, you're in good company. Alan Morrison, associate dean for public interest and public service law at George Washington University Law School, wonders just how far law firm ranking efforts may go.