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Legal Ethics
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September 25, 2024
Ex-Murder Suspect's Suit Against Embattled DA Gets Tossed
A Colorado federal judge on Tuesday threw out a $15 million malicious prosecution lawsuit brought by a man initially charged in a high-profile case with the murder of his wife, finding prosecutors had ample reason to arrest the man.
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September 25, 2024
Boies Joins Authors' Meta IP Suit After Judge Blasts Lead Atty
Veteran litigator David Boies and a top member of his firm have joined the team heading a proposed class action against Meta Platforms Inc. for allegedly using copyrighted material to train its artificial intelligence product "Llama" — days after a California federal judge told the lead plaintiff's attorney, "You are not doing your job."
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September 25, 2024
Workplace Protections Bill For Judiciary Reintroduced
Lawmakers from both parties and chambers announced on Wednesday they've reintroduced a bill to increase workplace protections for federal judiciary employees.
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September 25, 2024
Jones Day Must Face Ex-Firm Attys' Parental Leave Suit
Jones Day will have to defend its parental leave policy at trial, after a D.C. federal judge declined on Wednesday to shut down a long-running suit filed by two married ex-associates that claims the firm discriminates by offering female attorneys more leave than male attorneys.
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September 25, 2024
Lin Wood's Former Partners Rip 'Outright Lies' Over Assets
A Georgia federal judge sided with former law partners of retired attorney L. Lin Wood, urging Wood to testify next week after being accused of concealing a $4 million asset and claiming in "outright lies" that he couldn't post a more than $4.7 million bond as he appeals a $3.75 million defamation verdict against him.
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September 25, 2024
Blank Rome Faces DQ Bid Over Alleged Tampering
An attorney suing three lawyers from Blank Rome LLP wants the firm's other attorneys disqualified from representing their colleagues, accusing them of improperly contacting a plaintiff's expert witness to intimidate him into no longer participating in the case.
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September 25, 2024
Penalized Apple Atty Says He Was 'Demoralized' By Co. Culture
Apple Inc.'s former senior director of corporate law, who pled guilty to insider trading in 2022 and was later penalized $1.1 million in a civil case, had mental health disorders and was "demoralized" by the company's culture and executives' misconduct, he said in temporarily unsealed records in New Jersey federal court.
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September 25, 2024
Vape Co. Sues Buchalter Alleging Malpractice After IP Action
A Los Angeles-based cannabis company called Smoke Tokes LLC has filed a legal malpractice suit accusing Buchalter PC and two of its attorneys of causing a federal trademark action to drag on unnecessarily even after Smoke Tokes took all necessary steps to satisfy a judgment and injunction.
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September 25, 2024
Besieged NJ Prosecutor Says Gov. Can't Replace Him Yet
The former Warren County, New Jersey, prosecutor who retired under a cloud in April but withdrew his retirement days later said on Tuesday that Gov. Phil Murphy's move last week to nominate a permanent replacement won't work, because he hasn't actually resigned.
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September 25, 2024
Shipman & Goodwin Atty Needed As Witness, DQ Bid Claims
A Connecticut company wants a Shipman & Goodwin LLP partner disqualified from representing a rival in a bond dispute surrounding a garbage sorting facility permit, saying the attorney was personally involved in some of the conduct in question.
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September 25, 2024
Philly-Area Atty Convicted In Bankruptcy Fraud Case
A suspended attorney in the Philadelphia suburbs is one of two men who were recently convicted by a federal jury of participating in fraudulent schemes that involved stealing a house from a deceased couple's family.
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September 25, 2024
NJ High Court To Review Judicial Privacy Law In Media Case
The New Jersey Supreme Court will consider whether a municipality overstepped by using the judicial privacy measure Daniel's Law to stop a journalist from publishing an article about the city's police director's address, according to a recently filed order.
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September 25, 2024
Mich. Justices Take Up Prosecutor's Outside Counsel Hires
The Michigan Supreme Court said Wednesday it will hear arguments in a dispute over the Macomb County prosecuting attorney's power to retain outside law firms for general legal advice.
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September 25, 2024
Ohio Judge Removed For Jailing People Over Court Costs
The Ohio Supreme Court removed a state municipal judge from the bench and suspended him from practicing law for 18 months after he jailed two people for failing to pay court costs and coerced 14 others into paying fines and costs by threatening to lock them up without due process.
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September 24, 2024
Dentons Accused Of Hacking Laptop, Aiding Vape Co. Usurper
Dentons helped the founder of vape distributor Next Level sabotage and usurp manufacturer Avid Holdings' brand, including breaking into its founder's laptop to access confidential information, Avid alleged in a sprawling lawsuit filed Tuesday in California federal court.
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September 24, 2024
Adult Actresses' Blacklist Suit Against Meta Nixed Before Trial
A California federal judge has dismissed a case claiming Meta conspired with OnlyFans and blacklisted adult entertainers who used competitors' risque platforms weeks before its October trial date, saying he had "no choice" and did so despite the social media giant's "questionable recordkeeping."
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September 24, 2024
Amazon Scolded Over Improper Privilege In Alexa Privacy Suit
Amazon.com Inc. must re-produce documents it clawed back during discovery from unregistered Alexa users who allege they were illegally recorded, a Washington federal judge ruled Monday, scolding the e-commerce giant for "improperly" trying to conceal its business and strategic documents behind attorney-client privilege.
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September 24, 2024
Athlete Investment Co. Gets Claims Nipped In $1M Fraud Suit
A New York federal judge has trimmed a suit alleging that an athlete investment company that aimed to "tokenize" and sell shares of professional athletes was involved in a $1 million fraud and lied about its business plan, saying the plaintiff is conflicted from bringing certain derivative claims.
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September 24, 2024
Cathode Ray Class Attys Fight Over Fees At 9th Circ.
Plaintiffs firm Cooper & Kirkham urged the Ninth Circuit Tuesday to reverse a ruling slashing its $3.452 million fee award in since-settled cathode ray tube price-fixing multidistrict litigation, arguing the firm was being unfairly punished for representing a subclass, while lead class counsel slammed the firm's tactics as "extreme mischief."
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September 24, 2024
DC Judge Rebuffs Trump's Bid To Delay Immunity Briefing
The District of Columbia federal judge overseeing the election interference case against former President Donald Trump on Tuesday shot down his "new and sundry" efforts to push back briefing on the issue of presidential immunity, allowing the government to file a lengthy brief on the issue and remarking that this "is simply how litigation works."
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September 24, 2024
Judge Defends Atty Fees In Failed Law Firm Case
A California bankruptcy judge on Tuesday pushed back against criticisms of big fees for professionals in the case of defunct debt relief law firm Litigation Practice Group and said he would approve interim professional fees and expenses of $8.1 million.
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September 24, 2024
Neurosurgeon Deems Judge Newman's Brain 'Entirely Normal'
A third doctor has found that suspended U.S. Circuit Judge Pauline Newman, 97, is not cognitively impaired and that there's no reason to keep her off the bench, according to a report released by her attorneys Tuesday.
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September 24, 2024
Ex-Ohio City Prosecutor Took Car Repairs As Bribes, Feds Say
A former city prosecutor in Ohio is facing federal bribery charges after he allegedly accepted car repairs in return for reducing drug possession and DUI charges against a local mechanic, according to a newly unsealed criminal indictment.
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September 24, 2024
'Salacious' Keches Spat With Ex-Partner Aired In Court
A former partner of Keches Law has asked a Massachusetts state court for permission to review the personal injury firm's financial records after he was told his shares in the firm are worthless, accusing another attorney of financial misdeeds.
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September 24, 2024
Justices' Immunity Ruling Could Foil Trump Charges, Sens. Told
The U.S. Supreme Court's prohibition on judges considering a former president's motive when deciding if an act is official and therefore protected from criminal prosecution may present one of the biggest roadblocks in the criminal cases filed against Donald Trump, a former U.S. Department of Justice attorney told lawmakers Tuesday.
Expert Analysis
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Opinion
Litigation Funding Needs Regulating To Meet Ethics Standards
Third-party litigation funding can provide litigants with access to the legal system, but, as recent cases show, the funding agreements carry the potential for exploitation and may conflict with core aspects of the attorney-client relationship, making the need for a balanced regulation self-evident, says Deborah Winokur at Cozen O'Connor.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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For Now, Generative AI Is Risky For Class Action Counsel
Although a recent survey showed most in-house counsel think that their outside counsel should be using generative artificial intelligence "in some way" in class action work, the technology is more a target for class actions than it is a tool to be used in practice at present, says Matthew Allen at Carlton Fields.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.
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Litigation Inspiration: A Source Of Untapped Fulfillment
As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.
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Series
Skiing Makes Me A Better Lawyer
A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.