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Legal Ethics
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June 06, 2024
In 13-Year Trademark Fight, Chicago Judge Says No More
A Chicago federal judge brought to a close a trademark fight between two vaping companies surrounding the phrase "21st Century Smoking" that has stretched on for over a decade and led to millions of dollars in sanctions over thousands of deleted emails and long-hidden documents.
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June 06, 2024
Election Officials Blasted For Not Stopping Suspended Judge
A Michigan state judge has said that election officials had abdicated their responsibility to keep "patently ineligible" candidates off the ballot, ordering them to stop former Detroit Judge Kahlilia Davis from running again after the state Supreme Court suspended her for six years for misconduct.
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June 06, 2024
Kline & Specter Calls Ex-Client's Suit A 'Sham'
Kline & Specter PC and its founders have called a suit alleging they retaliated against an ex-client for dropping them to go with former firm associate Tom Bosworth a "sham" and a misuse of legal proceedings.
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June 06, 2024
Paxton Blasts Firing Suit Probe As 'Lobbying' Move
The Texas Attorney General's Office has asked the state's Supreme Court to shut down whistleblowers' attempt to depose Attorney General Ken Paxton and several high-ranking staffers, saying the tactic is designed to persuade lawmakers to fund a judgment in the case when he is not contesting their claims.
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June 06, 2024
Some Colo. Justices Call For Nixing Peremptory Strikes
Three Colorado Supreme Court justices said this week that eliminating peremptory challenges would help remove "the taint of impermissible discrimination" from the jury selection process, writing in two cases involving the dismissal of Black jurors that the strikes often facilitate racism that can be near impossible for a court to address.
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June 06, 2024
Fla. Justices Won't Undo DeSantis' Suspension Of Prosecutor
State prosecutor Monique Worrell lost her bid to be reinstated to her post in the Ninth Judicial Circuit after a split Florida Supreme Court ruled Thursday that Gov. Ron DeSantis' executive order suspending her passed muster.
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June 06, 2024
Biote Investors Sue Cooley, SPAC After Huge Merger Loss
Family trust investors in Biote Corp. have sued Cooley LLP and the "hormone optimization" company's top brass over the $700 million merger Biote completed with a special purpose acquisition company, saying the deal was a "disastrous transaction to divert approximately $70 million of merger consideration to themselves and gain control of an enterprise they did not build."
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June 06, 2024
Judge Who Took Israel Trip Recuses Self From Gaza Case
A Ninth Circuit judge on Thursday recused himself from a case over the Biden administration's support for Israel's military efforts in Gaza, suggesting he disagreed with Palestinian rights activists' claim that a sponsored trip to Israel disqualified him but nevertheless would step aside "out of an abundance of caution."
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June 06, 2024
NJ Law Firm Ducks Malpractice Judgment Against Ex-Atty
New Jersey appellate judges upheld a decision that found that Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins can't be held responsible for a $378,000 legal malpractice suit judgment against one of its former attorneys for actions prior to joining the firm and in a suit where it was not a party.
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June 06, 2024
Bannon Ordered To Start Prison Term By July 1
Donald Trump ally Steve Bannon was ordered Thursday in D.C. federal court to surrender and begin his four-month prison sentence for defying a congressional subpoena by July 1, after losing his appeal in the D.C. Circuit.
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June 06, 2024
Law Firm Says Axe 'Draconian' J&J Subpoena In Talc Claim
A Mississippi plaintiffs firm urged a New Jersey federal court on Thursday to quash a subpoena served by Johnson & Johnson requesting that the firm turn over documents related to litigation funding and its communication with media outlets, calling the subpoena "draconian" and improper as the firm is not a party to the pharmaceutical giant's current personal injury litigation surrounding its talcum powder products.
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June 06, 2024
Troutman Pepper Partner Pulled Into Ex-Associate's Bias Suit
A Troutman Pepper Hamilton Sanders LLP partner has been added as a defendant in a racial discrimination lawsuit a former Black associate filed, who now claims the partner, a formerly supportive mentor, made the decision to fire her after she complained about an email the associate described as racist.
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June 06, 2024
Teachers Want Cozen O'Connor Kicked Off Equal-Pay Case
Rather than having a Pennsylvania federal judge who has presided over their equal-pay case for years recuse himself over having a son-in-law who's a shareholder at Cozen O'Connor, a class of female teachers asked the court to kick Cozen O'Connor PC off the case Thursday.
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June 06, 2024
Law Firms Accused Of Missing 'Red Flags' In NJ Fraud Deal
A legal malpractice suit filed in New Jersey state court accuses Rivkin Radler LLP and Kunstlinger Law Firm LLC of costing clients millions of dollars by failing to detect "obvious 'red flags'" amid a fraudulent business deal.
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June 05, 2024
Atty Carried Gun, Rope During Attempted Break-In, Police Say
Police in Royal Oak, Michigan, said Tuesday they have arrested a Dearborn personal injury attorney after he allegedly tried to break into the home of a former co-worker while carrying a firearm, knife, handcuffs and other "concerning items."
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June 05, 2024
PwC Asks Calif. Justices To Revive $2.5M Sanction Against LA
PwC urged the California Supreme Court on Wednesday to revive a $2.5 million sanction against the city of Los Angeles for yearslong discovery misconduct in an underlying utility billing dispute, arguing the trial court's inherent authority to pose such penalties isn't limited to nonmonetary sanctions.
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June 05, 2024
Colo. Judge Doubts Atty's Intent In Cyclist's Death
A Colorado federal judge was skeptical Wednesday that an attorney made a conscious decision when he crashed into and killed a cyclist, imperiling an attempt by the cyclist's spouse to seek exemplary damages.
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June 05, 2024
Scrutinize Gag Order On Trump's Twitter DMs, X Tells Justices
X Corp. is pressing the U.S. Supreme Court to review a court order allowing special counsel Jack Smith to obtain messages from Donald Trump's account on the social media platform while barring X from alerting the former president beforehand.
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June 05, 2024
Wash. Appeals Judge Grills Game Artist Who Ignored Court Orders
A Washington state appellate court judge pressed a role-playing game illustrator Wednesday on why he deserved to have his defamation suit against the gaming convention GenCon revived, noting he ignored discovery orders while failing to justify the lapses to a trial court, resulting in terminating sanctions.
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June 05, 2024
Brown Rudnick Partner's 50% Fee Hike Nixed In Ch. 11 Case
A Brown Rudnick LLP bankruptcy partner Wednesday had his 50% fee increase rejected by a Delaware judge, who took issue with the proposed hike to $1,500 an hour for representing the creditors' committee in Kidde-Fenwal Inc.'s Chapter 11 case.
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June 05, 2024
Ex-Sacks Weston Atty Blames 'Toxic' Firm For His Theft
A Philadelphia attorney convicted of defrauding his former law firm told a state ethics panel Wednesday that he was remorseful for his deeds, but he noted he was driven to his crime by being owed money by his firm for too long.
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June 05, 2024
Trump Gag Order Still Needed Through Sentencing, DA Says
Manhattan District Attorney Alvin Bragg's office has asked a judge not to lift the gag order on Donald Trump before the convicted former president's sentencing next month, arguing in a letter released Wednesday that there is still a need to "protect the integrity" of the hush money case.
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June 05, 2024
Ga. Trump Election Case On Hold For DA DQ Appeal
The Georgia Court of Appeals on Wednesday temporarily halted proceedings in the Georgia election interference case against former President Donald Trump and his co-defendants while it reviews a trial judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the case.
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June 05, 2024
$900K Injury Verdict Sparks Fee Squabble In Connecticut
Connecticut law firm Ventura and Ribeiro LLP is taking Perkins and Associates PC to state court over the legal fees from a $900,000 personal injury case settlement that both firms worked on, claiming that Perkins is trying to take too much of the pie.
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June 05, 2024
An Ex-BigLaw Atty Shot His Wife. Who Gets Her Settlement?
The administrator of the estate of Diane McIver, who was fatally shot by her husband, former Fisher Phillips partner Claud "Tex" McIver, while driving through Atlanta in 2016, has asked a Georgia state court to decide who is entitled to settlement funds from a wrongful death case brought by the estate.
Expert Analysis
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Insureds' Notice Pleading May Be Insufficient In Federal Court
A recent New Jersey federal court ruling in Bauman v. Hanover Insurance held that bare-bones notice pleading was insufficient and dismissed the policyholder's coverage complaint, a reminder that courts may require more than an expression of general disagreement with an insurance company's denial letter to proceed with the case, says Eugene Killian at The Killian Firm.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Ga. Needs To Resolve Cannabis Counsel Confusion
Georgia’s medical cannabis regulator finally adopted rules for low-THC oil last month, but a 2021 ethics ruling prohibits lawyers from advising participants in the state’s legal program and creates a confounding landscape that the state bar and courts must address, say Whitt Steineker and Mason Kruze at Bradley Arant.
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Patent Litigants Should Be Vigilant After Rare Retrial Order
A California federal court's recent unusual order for a new trial for attorney misconduct in Pavemetrics v. Tetra Tech should remind patent litigants to be careful about arguments that frame an infringement case in a way that does not fairly reflect the dispute at hand, say Ranganath Sudarshan and Yuval Mor at Covington.
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DOJ's Compensation Reforms Pit Cos. Against Their Execs
The U.S. Department of Justice’s new policy, incentivizing compliance-focused corporate compensation programs and prompt disclosures of misconduct, will complicate the relationship between companies and their executives, and create potential ethical conflicts for counsel, say Solomon Shinerock and Annika Conrad at Lewis Baach.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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3 Reasons Why Congress Should Stay Out Of NY Trump Probe
Congress members should reconsider their investigation of the Manhattan district attorney’s indictment of former President Donald Trump for several key reasons — and if they persist, future congressional leadership should adopt a rule prohibiting this kind of local interference, say Kenyen Brown and Kevin Carroll at Hughes Hubbard.