Legal Ethics

  • January 22, 2025

    Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.

    Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.

  • January 22, 2025

    Captive Insurance Co. Head Seeks Tax-Shelter Fine Refund

    A tax attorney who heads a business that creates captive insurance companies said the IRS wrongly accused him of promoting an abusive tax shelter, telling an Ohio federal court the agency owes him a refund of penalties he handed over.

  • January 22, 2025

    Fla. Attys Face Ethics Charges For Settling Dead Client's Suits

    Two Boca Raton, Florida-based lawyers cannot escape ethics charges after they conditionally admitted to settling cases after their client had died, the Florida Supreme Court has ruled, denying their proposed consent judgments, which would have suspended them for a period of nine months.

  • January 21, 2025

    SEC Sues Ex-Investment Firm Reps, GC Over 'Sham' Energy Co.

    The U.S. Securities and Exchange Commission has accused former representatives of a wealth management firm of selling shares of a "sham" oil and gas company, and separately accused the firm's general counsel and chief compliance officer of playing an "active role" in the alleged misconduct by drawing up liability releases for the firm.

  • January 21, 2025

    Ch. 11 Judge Slams Firm's 'Extraordinary' Lack Of Knowledge

    A New York bankruptcy judge has refused a fee bid and ordered a debtor's firm to return a nearly $30,000 retainer in a scathing opinion that warns lawyers against tiptoeing into bankruptcy practice and slams counsel for having an "extraordinary lack of basic Chapter 11 understanding."

  • January 21, 2025

    Miner Wins Challenge Of Ghana's Arbitrator In $277M Claim

    An Australian mining company said Tuesday it has successfully challenged the Republic of Ghana's choice of arbitrator in its $277 million breach of contract claim before an ad hoc arbitral tribunal seated in the West African country's capital city of Accra.

  • January 21, 2025

    Firm Tells Fed. Circ. It Was Wrongly Sanctioned In Patent Row

    Moarbes LLP has urged the Federal Circuit to overturn over $23,000 in sanctions against it for not complying with discovery orders in a door manufacturing patent suit, saying the ruling wrongly relied on a letter from the firm's client criticizing its work.

  • January 21, 2025

    Wash. Panel Suspends Judge, Recommends Removal

    A judicial board has said a Washington municipal court judge should be removed from office, finding that the judge's mistreatment of attorneys and staff drove away two sets of court employees and deterred lawyers from further practicing in her jurisdiction.

  • January 21, 2025

    4th Circ. Backs NASCAR Team Owner's $31M Ch. 11 Sanction

    The Fourth Circuit has backed a $31 million default judgment entered against a former NASCAR team manager as a sanction after what the published opinion called "egregious behavior" during discovery and "willful disregard of the bankruptcy code and the orders of the bankruptcy court."

  • January 21, 2025

    Artists Can't Broaden Meta IP Discovery As Deadline Looms

    A California federal magistrate judge on Tuesday refused a request by a proposed class of artists to broaden discovery in high-stakes litigation alleging Meta Platforms Inc. has fostered rampant infringement of copyright-protected ads on its social media platforms, telling counsel during a hearing that their request is too close to the discovery deadline.

  • January 21, 2025

    Fee Sanctions Upheld For 'Frivolous' Defamation Suit

    A Michigan appellate panel says a trial court did not err by sanctioning a Detroit-based cooking influencer for filing a "frivolous" defamation complaint over social media comments, with the panel agreeing the influencer's claims were "devoid of arguable legal merit."

  • January 21, 2025

    High Court Asked To Review Malpractice Insurance Claim Row

    A California woman has asked the U.S. Supreme Court to review a First Circuit ruling that upheld a federal court's judgment despite it being "explicitly contrary" to Massachusetts law, telling the court that denying her bid for a certification by the state's high court punishes federal plaintiffs and encourages forum shopping.

  • January 21, 2025

    No Recusal Needed After Clerk Barred From Cases, Panel Rules

    The Pennsylvania Superior Court backed the rejection of the Cumberland County District Attorney's Office's request that the county president judge be excluded from hearing all criminal cases because of his law clerk's alleged aggressiveness toward attorneys, reasoning there was nothing in the record to show that the judge was biased.

  • January 21, 2025

    Bondi Pledges To Consult DOJ Ethics Team On Trump Matters

    Following last week's hearing for President Donald Trump's attorney general nominee, Democrats further questioned Pam Bondi on how she would maintain independence from Trump due to her past relationships with him.

  • January 21, 2025

    As Fire Victims Seek Legal Help, Experts Warn Of Red Flags

    As lawyers from across the nation descend upon Southern California to sign up those affected by the devastating wildfires, fire victims should not rush to hire an attorney, lest they also become victims of fraud or other predatory practices, the state bar and ethics-savvy attorneys warn.

  • January 21, 2025

    Firm Slams Beasley Allen's Bid To Nix Suit Over Talc Team-Up

    Smith Law Firm PLLC is urging a Mississippi federal court to reject Beasley Allen Law Firm's bid to dismiss or transfer a defamation and breach of contract lawsuit over their joint venture agreement for talc litigation against Johnson & Johnson, saying the case shouldn't be thrown out in favor of Beasley Allen's Alabama suit.

  • January 21, 2025

    Ex-Chemical Biz Atty Drops Claims Against Bain Capital

    A former in-house attorney for chemicals company Arxada has agreed to remove Bain Capital as a defendant in her New Jersey state court suit alleging that she was unlawfully dismissed after she discussed taking leave to recover from a miscarriage.

  • January 21, 2025

    Womble Bond Atty Appeals Contempt Ruling To 4th Circ.

    A Womble Bond Dickinson partner is appealing a North Carolina federal judge's December ruling holding him in contempt of court for failing to correct misrepresentations he allegedly made to a Dutch tribunal in parallel litigation involving a software developer and its former Dutch partner.

  • January 21, 2025

    Sex-Shaming Murder Conviction To Be Reviewed

    The U.S. Supreme Court on Tuesday revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.

  • January 17, 2025

    Law360 Names Practice Groups Of The Year

    Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.

  • January 17, 2025

    Law360 Names Firms Of The Year

    Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.

  • January 17, 2025

    Feds Drop Bribery, Fraud Suit Against Ex-New York Lt. Gov.

    Federal prosecutors on Friday dropped a bribery and fraud suit accusing former New York Lt. Gov. Brian Benjamin of using his position to obtain state grant funds in exchange for campaign contributions, noting the death of a New York real estate lawyer who pled guilty as a cooperating witness in 2022.

  • January 17, 2025

    No Conflict In Judge's Friendship, John Deere, Farmers Say

    John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.

  • January 17, 2025

    Epic Wary Of Apple's Privilege Claims As Doc Review Wraps

    Epic Games' counsel took issue with the rising number of privilege assertions Apple is maintaining over its discovery documents in their ongoing antitrust compliance fight, telling a magistrate judge Friday he's "frankly surprised and concerned" by the sudden increase as Apple's privilege-assertion rereview draws to a close.

  • January 17, 2025

    Ga. Panel Won't Revive Nixed Charges Against Trump, Others

    The Georgia Court of Appeals on Friday affirmed the dismissal of six counts in the state's election interference case against President-elect Donald Trump, former New York Mayor Rudy Giuliani and other co-defendants, upholding a trial judge's decision that the charges must be tossed for lack of detail.

Expert Analysis

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

  • 5 Reasons Associates Shouldn't Take A Job Just For Money

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    As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.

  • Series

    Playing Competitive Tennis Makes Me A Better Lawyer

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    My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Judge Djerassi On Super Bowl 52

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    Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.

  • Considerations For Lawyer Witnesses After FTX Trial

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    Sam Bankman-Fried's recent trial testimony about his lawyers' involvement in FTX's business highlights the need for attorney-witnesses to understand privilege issues in order to avoid costly discovery disputes and, potentially, uncover critical evidence an adversary might seek to conceal, says Lawrence Bluestone at Genova Burns.

  • Employee Experience Strategy Can Boost Law Firm Success

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    Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.

  • Series

    Competing In Triathlons Makes Me A Better Lawyer

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    While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.

  • Opinion

    History Reveals Folly Of Absolute Presidential Immunity

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    As a federal appeals court grapples with former President Donald Trump’s claims that he’s immune from prosecution on election interference charges, it’s a fitting time for lawyers to reflect on the rule of law — from 13th century jurisprudence to Watergate and the Clinton impeachment — and how the idea of absolute presidential immunity is unwise, says attorney Steven Reske.

  • Where Justices Stand On Chevron Doctrine Post-Argument

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    Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.

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