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Legal Ethics
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February 03, 2025
Utah Court Urged To Preserve $8.3M In Messner Reeves Funds
Several companies from Florida, New York and Utah have urged a Utah federal court to order Messner Reeves LLP to preserve $8.3 million purportedly locked away in an escrow fund, saying the law firm appears to be breaking a business loan agreement by dissipating the funds to unknown entities.
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February 03, 2025
Jackson Walker Ethics Case Shelved Over Lack Of Authority
A Houston federal judge on Monday recommended closing an ethics case against Jackson Walker LLP over its supposed knowledge of a firm attorney's relationship with a judge, finding the court lacked the authority to pursue sanctions against a law firm.
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February 03, 2025
Tesla Says Judge DQ Bid In Crash Suit Arrived On Time
Tesla Inc. has doubled down on its bid to disqualify a California federal judge from an accident case over his prior law firm's work, rejecting the plaintiff's argument that the automaker filed the motion too late.
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February 03, 2025
ABA House Of Delegates Votes For Stricter High Court Ethics
The American Bar Association's policymaking body recommended Monday that the U.S. Supreme Court adopt a binding ethics code as strict as the code of conduct that other U.S. federal judges must follow.
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February 03, 2025
Panel Backs Sanctions For Frivolous Bid In Malpractice Case
A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.
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February 03, 2025
2nd Circ. Affirms Lawyer's Asylum Fraud Conviction
The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.
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February 03, 2025
Law Firm Involved In Talc Fee Fight Seeks To Arbitrate Claim
The Smith Law Firm PLLC is urging an Alabama federal judge to compel arbitration of a cross-claim that Porter Malouf brought against it amid a lawsuit over an agreement the two firms and the Beasley Allen Law Firm entered to represent plaintiffs in litigation over Johnson & Johnson's tainted talcum powder.
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February 03, 2025
Attys For Blake Lively, Baldoni Warned Over Media Statements
Lawyers representing feuding actors Blake Lively and Justin Baldoni in their "It Ends With Us" damages litigation agreed Monday to rein in public statements, after a Manhattan federal judge cited their duty not to taint a potential future jury pool.
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February 03, 2025
Troutman Says Lawyer's Firing Due To Performance, Not Bias
A former Troutman Pepper Hamilton Sanders LLP associate was let go from the firm due to under-performance, not racial bias, the firm told a D.C. federal judge in a bid to end the lawyer's racial discrimination suit, arguing undisputed facts show a diverse group of partners agreed she was not meeting expectations prior to her being dismissed.
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January 31, 2025
Trump Administration Fires Jan. 6 Prosecutors, Reports Say
The U.S. Department of Justice's new leadership on Friday terminated more than a dozen prosecutors who worked on criminal cases regarding the Jan. 6, 2021, attack, and also began probing potentially thousands of FBI agents who worked on similar investigations, according to news reports.
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January 31, 2025
Gov't's Freeborn GC Interview May Spoil Ex-Partner's Retrial
The U.S. government's wire fraud retrial against a former Freeborn & Peters LLP partner may be halted after prosecutors let the firm's former general counsel touch on privileged topics without acknowledging or honoring the legal boundary during a preparatory interview.
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January 31, 2025
Mich. Judge Can't Pause Discipline Case During Bias Probe
The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.
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January 31, 2025
Texas Justices Won't Shut Down Court Reporter's AI Case
A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.
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January 31, 2025
Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe
In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.
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January 31, 2025
Judge Grants Fraud Retrial After Witness 'Forgot to Shut Up'
A Florida federal judge ordered a new trial in an insurance fraud case against the former medical director of a West Palm Beach sober living home, saying his 2022 conviction was tainted when the government's star witness "forgot to shut up" during testimony plagued with lies.
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January 31, 2025
Judge Blocks Ex-Knick's MSG Sanctions Bid As 'Premature'
A Manhattan federal judge has denied former New York Knicks player Charles Oakley's request to sanction Madison Square Garden for allegedly losing emails relevant to his assault suit, saying Oakley's motion was "at best, premature."
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February 14, 2025
Law360 Seeks Members For Its 2025 Editorial Boards
Law360 is looking for avid readers of our publications to serve as members of our 2025 editorial advisory boards.
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January 31, 2025
Ex-BigLaw Atty Can't Escape OneCoin Conviction At 2nd Circ.
The Second Circuit on Friday upheld a former Locke Lord LLP partner's conviction and 10-year sentence for helping launder roughly $400 million in proceeds from the multibillion-dollar OneCoin cryptocurrency scheme, rejecting the attorney's contention that a sole cooperating government witness' perjury and other purported errors warranted reversing his punishment.
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January 31, 2025
Goldstein Case Raises The Stakes For A DOJ Office In Tumult
The bombshell tax-crimes case of U.S. Supreme Court lawyer Tom Goldstein landed at a U.S. Department of Justice outpost in Maryland that has been plagued in recent years by botched cases and internal strife — pitting a beleaguered U.S. attorney against a pair of former Donald Trump attorneys itching for a fight.
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January 31, 2025
Calif. Atty Wins Ruling To Sue Doctor For Defamation
A California state appeals court said Friday a Pasadena attorney can pursue a defamation lawsuit against an orthopedic surgeon who allegedly made unflattering remarks about the attorney in front of one of the attorney's clients.
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January 31, 2025
Proposed DC Anti-Harassment Rule Sparks Familiar Debate
A proposed change to the D.C. Bar's ethics rules that's aimed at combating harassment and discrimination in the legal profession is stirring a First Amendment debate, echoing controversies seen in other jurisdictions.
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January 31, 2025
Ex-Trump Atty Sidney Powell Again Escapes Texas Discipline
Former Trump attorney Sidney Powell has again escaped disciplinary action in connection with her efforts to overturn the results of the 2020 election.
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January 31, 2025
Ex-Kline & Specter Atty Drops Suit Over Departure Dispute
A former Kline & Specter PC associate has dropped his case claiming mistreatment by his former firm, according to recent filings in the Philadelphia County Court of Common Pleas.
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January 31, 2025
Fla. Judge Tees Up Free Speech Defense In Ethics Case
A Florida state judge facing ethics charges related to campaign statements is going forward with a First Amendment defense in her Monday hearing, she told the state's Judicial Qualifications Commission in a prehearing statement.
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January 31, 2025
Conn. Justices Let McCarter Ex-Client Off $3.6M Hook
Answering a certified question from a federal judge, the Connecticut Supreme Court on Friday ruled that McCarter & English LLP can't claw an additional $3.6 million in common law punitive damages from a nutritional supplement maker as part of a protracted fee feud, holding that the firm should have pleaded and proven an "independent tort" if it wanted to pursue the money.
Expert Analysis
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.