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Legal Ethics
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November 15, 2024
Atty Who Called Mich. Judge 'Crazy' Secures New Hearing
A criminal defense attorney found in contempt for calling a Michigan judge "crazy" during a hearing in his courtroom will get a new hearing because a different judge should have handled the contempt proceedings, a state appellate court panel has determined.
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November 15, 2024
Florida Bar Says Novel Ethics Case Doesn't Require Leniency
Lack of precedent is not reason enough to allow a Florida lawyer to reduce his one-year suspension for a "punitive" fee hike, the Florida Bar told the state's high court, arguing that the court's initial reasoning for the discipline was sound and that the lawyer's motion for a rehearing misrepresented some of the facts.
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November 14, 2024
Chinese Amazon Sellers Say Firm Botched Settlement Talks
A group of Chinese electronics sellers have slapped a small New York law firm with a $6.4 million malpractice lawsuit, saying the firm torpedoed a potential settlement with Amazon after the online behemoth deactivated their seller accounts and withheld millions of dollars of their profits.
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November 14, 2024
Judge Vows Atty Fee Trims For Handling Of $90M Google Deal
A California federal judge overseeing Google's $90 million antitrust deal with Play Store developers on Thursday blasted counsel representing smaller developer plaintiffs and the administration company handling the settlement, criticizing the administrator's work as "the worst performance I've seen" and vowing to trim the attorney fees "substantially."
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November 14, 2024
Defense Attys Urge Justices To Narrow False Statement Law
The National Association of Criminal Defense Lawyers is supporting ex-Burke Warren MacKay & Serritella PC attorney and former Chicago alderman Patrick Thompson's bid to convince the U.S. Supreme Court to overturn his conviction for lying to the Federal Deposit Insurance Corp., arguing that the government's "broad" reading of the relevant statute infringes on constitutional rights.
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November 14, 2024
Insurer Says Mich. Lawyers Lying About Its Auto Coverage
A no-fault auto insurer alleged in a new complaint Wednesday that Michigan personal injury attorneys and their law firms are engaging in a smear campaign to drive the insurer out of the state, accusing the attorneys and firms of posting lies that the company discourages drivers from selecting adequate policies and overcharges its customers.
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November 14, 2024
5th Circ. Judge Pummels Judicial Integrity Critics
Fifth Circuit Judge Edith H. Jones co-opted a panel discussion Thursday to denounce the rise in criticism over purported judge shopping, especially in relation to Texas judges who handled a large portion of lawsuits challenging Biden administration policies, and called on legal groups to do more to defend the judiciary's integrity.
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November 14, 2024
Giuliani Can't End Dominion Exec's Suit Over Election Lies
A Colorado Court of Appeals panel on Thursday ruled Rudy Giuliani can't dismiss a former Dominion Voting executive's defamation suit under anti-SLAPP law, largely carrying over the reasoning of its prior decision on a similar appeal by the Trump campaign and other defendants in the same case.
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November 14, 2024
Legal Aid Groups Accuse NYC Of Payment Delays
The nonprofits that provide legal aid to low-income tenants and immigrants in New York City say that due to city delays, they haven't been able to submit invoices for five months, threatening the groups' ability to pay workers and continue operating.
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November 14, 2024
Houston Back Wages Trial Was 'Circus,' Atty Tells Court
A California attorney who lost his bid for back wages from a Houston commercial litigation firm where he was formerly an associate asked a Texas appeals court to order a new trial, writing that his former law firm's attorneys "turned the trial into a circus" about his personal life.
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November 14, 2024
Gaetz's Slim Legal Resume Raises Concerns Over AG Role
Having never served as a prosecutor and with minimal experience practicing law, Matt Gaetz would have the thinnest legal resume of any attorney general in recent history and would face a steep learning curve, including daunting leadership challenges, if he were to take up the reins of the U.S. Department of Justice, experts say.
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November 14, 2024
Seton Hall Says No Impropriety, No Whistleblower Case Move
Counsel for Seton Hall University urged a New Jersey judge Thursday to return a whistleblower suit by the school's former president to the court where it was originally filed, arguing that its transfer from Essex County to Hudson County to avoid a potential conflict was a waste of time and resources.
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November 14, 2024
Chipmaker's 'Bounty' Lawsuit Was 'Nonsensical,' Court Told
A pair of litigation businesses want a California federal court to punish a Taiwanese chipmaker for responding to a patent lawsuit with "frivolous," "meritless" and "nonsensical" antitrust allegations surrounding use of a "bounty" to encourage litigation.
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November 14, 2024
Pierson Ferdinand Atty Accused Of Helping Defraud Client
The co-owner of an esports gaming platform has accused a Pierson Ferdinand attorney in Philadelphia, his firm and several other BigLaw shops where he has worked in recent years of assisting his former partner in a scheme to funnel millions of dollars out of the company they formed into new entities controlled by the ex-partner.
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November 14, 2024
Giuliani Attys Signal Impasse In Bid To Exit Collection Cases
Attorneys representing disgraced ex-lawyer Rudy Giuliani asked a New York federal court to allow them to withdraw from representing him in a pair of cases from former Georgia poll workers seeking to collect a $148 million defamation award against him, indicating they are at odds with the onetime New York City mayor.
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November 14, 2024
Conn. Atty Must Pay $282K Default In Estate's Home Sale Suit
A Connecticut attorney must pay a $282,000 default judgment for distributing real estate proceeds to at least one "unknown party" and writing a bad check to a trust beneficiary after a $1.2 million home sale, a state trial court judge has ruled.
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November 14, 2024
Ex-Jones Day Attys Say Firm Can't Hide Family Leave Memo
Two married ex-associates suing Jones Day over its allegedly discriminatory family leave policy want the firm to hand over a memo from 1994, which they claim could be key to the bitterly contested case.
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November 14, 2024
NJ Law Firm Faces Depo Sanctions Bid In Crypto Scam Suit
A plaintiff has alleged New Jersey law firm McCarthy & Soriero LLC enabled a defendant to repeatedly cancel his deposition at the last minute for an undocumented health reason in her federal suit alleging she was the victim of a nearly $200,000 cryptocurrency fraud.
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November 14, 2024
Judiciary Chair Calls For Release Of Gaetz Ethics Report
A day after President-elect Donald Trump announced former Florida congressman Matt Gaetz as his pick for attorney general, questions linger on whether the potentially damaging House Ethics Committee report on his alleged sexual misconduct will see the light of day now that he resigned.
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November 14, 2024
Texas Bar Eyes Ban On Lawyers Partnering With Non-Attys
A proposed ethics opinion from the State Bar of Texas says lawyers practicing in the Lone Star State cannot partner with law firms offering legal services in other jurisdictions if the partnership includes a non-lawyer, even if such arrangements are permitted in the jurisdiction where the law firm is based.
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November 14, 2024
Attys Want To Drop Baby's Dad As Client In Conn. Death Suit
The father of the victim at the center of a product liability lawsuit against Target Corp. and a baby lounger manufacturer has stopped communicating with counsel and apparently wants nothing more to do with the case, his attorneys told a Connecticut federal judge in seeking to drop him as a client.
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November 14, 2024
Texas Judge Recuses Himself From Microsoft Patent Case
Chief U.S. District Judge Rodney Gilstrap of the Eastern District of Texas has recused himself, without stating a reason, from a patent infringement case that German company ParTec AG has lodged against Microsoft over the tech giant's artificial intelligence supercomputer.
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November 14, 2024
Ex-Kline & Specter Atty Says Firm Tried To Stop Departure
Philadelphia-based personal injury firm Kline & Specter PC and its namesake partners have been hit with another lawsuit filed by a former associate alleging mistreatment at the firm.
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November 14, 2024
Settlement Reached In Ga. Data Breach Class Action
The companies behind high-interest loan products TitleMax, TitleBucks and InstaLoan have reached a tentative settlement with customers who alleged the companies failed to protect their personal information, leading to a data breach that affected an estimated 4.8 million people.
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November 13, 2024
Judge Cites 'Deterrence' In Attys' Tax Scheme Prison Sentence
Two St. Louis tax attorneys and a North Carolina insurance agent's pleas for leniency were largely ignored Wednesday by a federal judge sentencing them for their role in a multimillion-dollar tax avoidance scheme, with the judge declaring that the need for public deterrence was too great to let them off the hook without prison time.
Expert Analysis
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea
Prosecutors’ recent move in the “Fat Leonard” bribery case, supporting several defendants’ motions to withdraw their guilty pleas, is extremely unusual – and its contrast with other prosecutions demonstrates that the procedural safeguards at plea hearings are far from enough, says Sara Kropf at Kropf Moseley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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As Arbitrator Bias Claims Rise, Disclosure Standards Evolve
The growth in post-award challenges based on arbitrators' alleged conflicts of interest has led to the release of new guidance and new case law on the topic — both supporting the view that professional familiarity alone does not translate to a lack of impartiality, say attorneys at Skadden.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.