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Legal Ethics

  • August 16, 2018

    Judge's Wild Order Threatens To Make Warring Attys Kiss

    A Texas federal judge threatened to make opposing attorneys kiss one another at the Alamo, lamented the days when Texas cases were handled by Texas attorneys, quoted Elvis, and generally went off in a order setting a status conference for a trade secret dispute between HouseCanary Inc. and Quicken Loans.

  • August 16, 2018

    Atty Suing Google Sees No Conflict With Law Firm

    A lawyer seeking to represent thousands of online advertisers in a suit against Google urged a California federal judge Thursday to certify a class and reject the tech giant's objections that the named plaintiff — himself an attorney —is now a partner at a law firm that once worked on the case.

  • August 16, 2018

    Legal Funder Wants Fraud Suit Stayed After CFPB Ruling

    RD Legal Funding, the litigation funder accused of gouging NFL players and 9/11 responders who were loan customers, asked a Manhattan federal judge Wednesday to press pause on the suit as the Consumer Financial Protection Bureau appeals its surprise ejection — or to greenlight a broader appeal.

  • August 16, 2018

    Judge Won't Rethink Trim Of Foreclosure Services FCA Case

    A New York federal judge is standing by his decision to pare down False Claims Act litigation alleging that Fannie Mae, Freddie Mac and the government were overcharged for foreclosure services, rejecting a relator’s bid for a shot at bringing Bank of America, Wells Fargo and several other mortgage servicers back into the case.

  • August 16, 2018

    TIKD Slams Fla. Bar's Bid For Quick Exit In Antitrust Suit

    Traffic ticket services start-up TIKD punched back Thursday at bids by the Florida Bar and the state's leading traffic ticket law firm for a quick exit from its multimillion-dollar antitrust suit, pointing to what the company says is ample evidence of their anti-competitive acts against its business.

  • August 16, 2018

    Judge Rips Twombly For Straining Resources In IP Row

    A California federal judge appeared unswayed Thursday by SAP America Inc. and HP Inc.’s arguments that a software company hasn't met the stringent pleading standards required under the U.S. Supreme Court’s Twombly decision, saying Twombly has created more work than it’s saved, and "you get to the point where we’re wasting time and resources when you know what their pleading is."

  • August 16, 2018

    Rakoff Shaves Objector Atty's Fee Bid In $3B Petrobras Deal

    U.S. District Judge Jed Rakoff has ruled that the Center for Class Action Fairness can have just a small fraction of the nearly $200,000 in attorneys' fees requested for it by its client, an objector to the $3 billion class action settlement resolving securities fraud claims against Brazilian oil giant Petrobras.

  • August 16, 2018

    Trump Campaign Atty Can't Shake Call For Suspension

    An Illinois disciplinary board rejected objections by an attorney who served as President Donald Trump’s state campaign director to a recommended one-year suspension of his license, advising the state’s supreme court that it supported that punishment.

  • August 16, 2018

    Law360's The Week In Discipline

    An Ohio attorney who funneled hundreds of thousands of dollars earmarked for a school and a children’s hospital to himself and a New York lawyer sanctioned for “inexcusable” conduct in a discrimination and harassment case lead Law360’s The Week in Discipline, which compiles sanctions and conduct charges that may have flown under the radar.

  • August 16, 2018

    Old Guidelines Warrant New Sentence For Fraudster: 1st Circ.

    The First Circuit threw out an 11-year prison term Wednesday for a Puerto Rican man convicted on 29 counts of fraud and other charges for posing as a bankruptcy lawyer to help parents get out of jail for missing child support payments, ruling that the sentence had been calculated under outdated guidelines.

  • August 16, 2018

    'Indefensible' Fees Request Slashed In ACA Birth Control Row

    In a sternly worded opinion, an Oklahoma federal judge rejected a request for $3.1 million in attorneys' fees from lawyers representing a group of Catholic institutions that sued over Affordable Care Act rules concerning birth control, ruling that the request was "indefensible" and reducing it by more than 75 percent.

  • August 16, 2018

    A Chat With Ogletree Knowledge Chief Patrick DiDomenico

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Patrick DiDomenico, chief knowledge officer at Ogletree Deakins Nash Smoak & Stewart PC.

  • August 15, 2018

    11th Circ. Won't Revive Ex-Judge's Suit Over Disbarment

    The Eleventh Circuit on Wednesday upheld a lower court’s decision to toss a former Florida state judge's lawsuit over the state's Judicial Qualification Commission’s recommendation to the Florida Supreme Court that she be removed from the bench, as well as affirming her subsequent disbarment by the state bar.

  • August 15, 2018

    Atty Asks Ill. Justices To Disbar Him For Faking $4M Deal

    An Illinois attorney who’s accused of lying to clients for years about the status of their lawsuits, including when his law license was already suspended, has asked to be disbarred by the state’s Supreme Court.

  • August 15, 2018

    City Solicitor Slammed In Pa. AG's Clergy Abuse Report

    A devastating grand jury report into sexual abuse by Catholic clergy in Pennsylvania includes allegations that an Allentown-based attorney, who was appointed as the city’s solicitor in May, worked to undermine one woman's claims by digging up damaging information about her and her family.

  • August 15, 2018

    Appeals Court Stops Contempt Proceedings Against 2 Attys

    A Florida appeals court on Wednesday barred a trial court from continuing indirect criminal contempt proceedings for two attorneys for lender Ditech Financial LLC for violating a discovery order in a foreclosure suit, finding there was no evidence the lawyers had advised the company to violate the order.

  • August 15, 2018

    Ogletree Must Show Judge Contract In Atty Gender Bias Suit

    A California federal judge said Wednesday that he will need to see Ogletree Deakins Nash Smoak & Stewart PC's contract with a former nonequity shareholder before deciding whether to transfer her proposed gender bias class action, send it to arbitration or keep it in his court.

  • August 15, 2018

    NRA Atty Faces Scrutiny After Not Disclosing Sanction

    National Rifle Association lawyers will have to answer for the accuracy of a well-known Texas litigator's application to represent it in a dispute with an insurance broker in Virginia federal court, where a judge ordered a hearing on the submission after learning that it didn't mention a past sanction for allegedly trying to influence potential jurors. 

  • August 15, 2018

    DQ Attys Of Chobani Founder's Ex-Wife, 'Consultant' Says

    A onetime confidant to the ex-wife of Chobani Inc. founder Hamdi Ulukaya told a New York federal judge that her lawyers should be tossed off his federal case against her because they “are simultaneously and necessarily concerned” with their own defenses in a related state action.

  • August 15, 2018

    Ex-Katten Atty Loses Bid To Dodge Shkreli Fraud Charges

    A New York federal judge on Tuesday refused to let former Katten Muchin Rosenman LLP attorney Evan Greebel duck charges that he aided now-imprisoned former pharmaceutical executive Martin Shkreli in defrauding Retrophin Inc., finding that the jury had plenty of reasons to convict the corporate lawyer.

Expert Analysis

  • California Opens The Door To International Arbitration

    Sarah Reynolds

    Last month, California passed a law clarifying that lawyers who are not members of the state bar may appear in international arbitrations seated in California without local counsel. As a result, San Francisco and Los Angeles will likely see an increase in international arbitrations — particularly given their access to the Pacific Rim and Latin America, say attorneys with Mayer Brown LLP.

  • Interview Essentials For Attorneys On The Move

    Eileen Decker

    Across the country this fall, recent law school graduates, law firm associates and experienced professionals will interview for positions in private practice and government service. Sharing tips on how to stand out in this high-pressure, hypercompetitive process are Eileen Decker, former U.S. attorney for the Central District of California, and Keith Jacoby, co-chairman of Littler Mendelson PC’s class action practice group.

  • Roundup

    Clerking For Ginsburg

    Clerking For Ginsburg

    Justice Ruth Bader Ginsburg joined the U.S. Supreme Court 25 years ago and is not planning to retire anytime soon — she has hired clerks through 2020. What's it like to assist Justice Ginsburg? In this series, former clerks reflect on the experience.

  • Kavanaugh On Attorney-Client Privilege — 3 Takeaways

    Louis Ramos

    In what may be one of his final acts on the D.C. Circuit, Judge Brett Kavanaugh has written an opinion that may strengthen attorney-client privilege over communications between a company and its in-house counsel. Attorneys at DLA Piper discuss what this holding could mean for the future of the privilege and offer advice for current in-house counsel.

  • Series

    Clerking For Ginsburg: 3 Surprises

    David Post

    It had never occurred to me that judges don’t always love the way their appellate cousins review their work and tell them — in public — all the things they got wrong. I was frequently struck by Justice Ruth Bader Ginsburg’s acute awareness of the delicacy of this relationship, says attorney David Post.

  • Series

    Clerking For Ginsburg: A Superhero Supreme

    Burden Walker

    As a clerk for Justice Ruth Bader Ginsburg, my job was to mirror my boss’ views and values in everything I did. Years later, I find that I am still striving to live up to the values Justice Ginsburg instilled in me, as both a lawyer and a spouse, says Burden Walker, an assistant U.S. attorney for the District of Maryland.

  • Series

    Clerking For Ginsburg: 4 RBG Lessons On Having It All

    Rachel Wainer Apter

    Justice Ruth Bader Ginsburg is everything she is cracked up to be​ — f​eminist icon​, brilliant jurist​, fierce dissenter. She is also an incredible boss, mentor and friend.​ ​Her advice has shaped how I have tried to balance building a career and ​raising children, says Rachel Wainer Apter, counsel to the New Jersey attorney general.

  • Series

    Clerking For Ginsburg: How To Play The Long Game

    Arun Subramanian

    One of us was a clerk when Justice Ruth Bader Ginsburg read her Ledbetter dissent from the bench, inviting Congress to act, and the other clerked a few years later, when RBG's prominently displayed copy of the Lilly Ledbetter Fair Pay Act served as a daily reminder that dissents are not just for show, say Arun Subramanian and Mark Musico of Susman Godfrey LLP.

  • Series

    Clerking For Ginsburg: In Pursuit Of Precision

    Trevor Morrison

    As clerks for Justice Ruth Bader Ginsburg, we learned early on that, when preparing a memorandum or draft opinion, it was essential to present any opposing argument in its strongest possible light. There is a lesson here for today's public debates, says Trevor Morrison, dean of NYU Law School.

  • Series

    Clerking For Ginsburg: My RBG Guide To Judging

    Goodwin Liu

    I clerked for Justice Ruth Bader Ginsburg before the days of RBG bobbleheads and “You Can’t Spell Truth Without Ruth” T-shirts. I had no idea I would become a judge, and I feel lucky every day that I had the chance to learn from her, says California Supreme Court Justice Goodwin Liu.