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Legal Ethics
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July 18, 2024
FordHarrison Accused Of Terrorizing Conn. Library Workers
Multistate employment law firm FordHarrison LLP has been dragged into existing feuds between a Connecticut library and two of its employees, with new state court lawsuits accusing the firm of misrepresenting state law and inflicting emotional distress by demanding the employees retract claims allegedly made at a public hearing.
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July 18, 2024
NY Courts Limit Access To Ethics Data, Violating Own Rules
After a decade of widespread noncompliance with income and gift reporting rules, the New York court system's Ethics Commission has refused to publicly release all judges' annual financial disclosures, which safeguard against conflicts of interest, corruption and ethics lapses.
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July 18, 2024
Attorney, Businessman Acquitted Of Crash Report Scheme
A Michigan federal judge on Tuesday cited insufficient evidence and ordered the cancellation of jury convictions against a lawyer and a medical business owner in an alleged scheme to obtain unreleased police crash reports illegally and use the reports to solicit clients.
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July 18, 2024
Colo. Injury Firm, Insurer End Bad Faith Suit
Two months after a Colorado personal injury firm and insurer settled a dispute over coverage of litigation costs, the two sides have agreed to dismiss the firm's lawsuit against a former firm attorney accused of trying to steal its entire class action department.
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July 18, 2024
NJ Sen. President Settles Suit Over Filing After Client Died
New Jersey State Senate President Nick Scutari settled a malpractice case this week with a woman who claimed that he botched a personal injury case on behalf of her brother by waiting until months after her brother had died to file suit.
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July 18, 2024
Healthcare Co. Says Fired In-House Atty Lacks Standing To Sue
Kidney care company Panoramic Health has urged a Colorado federal judge to toss a former assistant general counsel's lawsuit that claims she was fired for raising concerns about violations of federal anti-kickback statutes.
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July 18, 2024
Pa. Office Blasts Atty's Blown Deadlines, Deflections Of Blame
A disbarred Philadelphia attorney shouldn't be reinstated because his missed deadlines and deflections of blame indicated that he had not moved on from the behavior that lost him his licenses to practice in Pennsylvania and Florida, the Office of Disciplinary Counsel told a state panel Thursday.
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July 18, 2024
Girardi Denied Bid To Delay Client Theft Trial To October
A California federal judge rejected disgraced lawyer Tom Girardi's motion to have his closely watched wire fraud trial moved to October from its current August start date, determining that he was unable to provide a genuine reason as to why proceedings should be pushed back two months.
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July 18, 2024
Ex-Pa. DA Suspended Over Alleged Prosecutorial Misconduct
The former district attorney of Bedford County, Pennsylvania, had her law license suspended Tuesday after multiple cases she oversaw during her time in office ended up being dismissed due to prosecutorial misconduct.
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July 18, 2024
DeSantis Blasts Ousted Atty's 3rd Bid To 'Rush' 11th Circ. Call
Suspended Florida prosecutor Andrew Warren should not be allowed to "rush" the Eleventh Circuit's consideration of the prosecutor's case, which could have "sweeping implications" for Florida's government, Gov. Ron DeSantis told the appellate court Thursday.
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July 18, 2024
Judge With Lake Property Exits $217M Dam Repair Tax Suit
A Michigan federal judge said he would step aside in a fight over a $217 million tax assessment to fund dam reconstruction because he's part of the assessment district, though he warned that hundreds of plaintiffs could have their own conflicts.
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July 18, 2024
NJ Law Firm Accused Of Botching Official Misconduct Case
A former sergeant in the Mercer County Sheriff's Office has launched a malpractice suit against a Passaic, New Jersey-based law firm, alleging that its attorneys caused him to lose thousands per month in disability benefits by mishandling his legal defense against misconduct charges.
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July 18, 2024
Del. Justices Asked To Undo Firm's 'Malicious' Suit Escape
Applied Energetics is asking the Delaware Supreme Court to revive a complaint alleging Gusrae Kaplan Nusbaum PLLC and a former partner filed a frivolous federal securities fraud suit in order to hobble other litigation against the company's former chief executive officer.
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July 18, 2024
Defense Attys Raised Cash For New Judge In Young Thug Trial
Three defense attorneys in the long-running and tumultuous prosecution of rapper Young Thug hosted a campaign fundraiser in 2022 for the third and latest judge assigned to the case this week, adding yet another potential hiccup to the bench's game of musical chairs.
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July 18, 2024
Colo. Judge Ends Voter Intimidation Case Midtrial
A Colorado federal judge on Thursday put an abrupt end to a bench trial in a lawsuit accusing members of a 2020 election denier group of illegal voter intimidation, concluding there was not enough evidence to back up the claims brought by voting rights groups.
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July 18, 2024
Ex-BigLaw Atty Gets Nearly 2 Years For Election Crimes
A former BigLaw attorney was sentenced to 21 months in prison Thursday after being convicted of campaign finance violations tied to a failed run for U.S. Congress, with a Boston federal judge citing the defendant's legal acumen and experience as a law clerk as evidence he "should have known" better.
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July 17, 2024
Special Counsel To Appeal Ax Of Trump Classified Docs Case
Special Counsel Jack Smith told a Florida federal court Wednesday that he was challenging U.S. District Judge Aileen Cannon's order earlier this week tossing the classified documents criminal case against Donald Trump, according to a notice of appeal.
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July 17, 2024
'Inflammatory' Atty Statement Axes $11M Stanley Injury Verdict
A Missouri appellate court has tossed an $11 million jury verdict in a suit alleging a Stanley Black & Decker unit caused a man to lose an eye due to a defective staple gun, saying plaintiff's counsel made improper "inflammatory" references to Stanley as a "billion-dollar company."
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July 17, 2024
Dykema Faces Sony Sanctions Bid In Baseball Game TM Suit
Sony has urged a Texas federal court to sanction a baseball training company and its counsel in a trademark dispute over the digital giant's use of the phrase "future star series" in a popular video game, claiming they launched a lawsuit without investigating material facts and refused to eliminate false allegations.
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July 17, 2024
'Rust' Fiasco Shows Harm Of Gatekeeping Evidence, Attys Say
The dismissal of Alec Baldwin's criminal charges in the "Rust" movie shooting serves as a "glaring example" of how a case can tumble off the rails when prosecutors decide whether evidence is valuable to the defense, experts say.
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July 17, 2024
Ex-Cognizant Execs Bemoan Access Woes In Bribery Case
Former Cognizant executives accused of authorizing a bribe to a government official in India have told a New Jersey federal court that obstacles to their access to evidence and overseas witnesses undermine their right to a fair trial and could warrant the dismissal of the case.
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July 17, 2024
Benesch Accused Of Summons Error In Hospital Challenge
Benesch Friedlander Coplan & Aronoff LLP and two of its attorneys are facing a malpractice lawsuit by a nonprofit hospital alleging they failed to issue timely summonses in a lawsuit, leading to hundreds of thousands of dollars in legal expenses.
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July 17, 2024
UMich Ducks Black Law Prof's Bias, Retaliation Suit
A Michigan federal judge released the University of Michigan on Wednesday from a Black law professor's lawsuit accusing the school of harshly disciplining her after she complained about race discrimination, saying she failed to rebut the university's argument that she was punished because she threatened staff members.
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July 17, 2024
Burr & Forman Accused Of Aiding Health Insurance Fraud
Burr & Forman LLP has been hit with a malpractice suit in Georgia federal court by the liquidating trustees of two purported health insurance companies after the firm allegedly aided in a scheme to defraud customers by charging exorbitant fees and denying promised coverage, saying the attorneys helped create a web of LLCs to which it siphoned off millions.
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July 17, 2024
Two Days In, New Judge In Young Thug Trial Bails Out
Just days after taking over the long-running racketeering trial of rapper Young Thug after its last judge was forced out over bias concerns, the case's new judge said Wednesday she was stepping down due to one of her former deputies' romantic involvement with a co-defendant.
Expert Analysis
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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.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.