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Legal Ethics
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November 04, 2024
Judge Cites Tesla Stock, Friendship In SpaceX Firing Recusal
A California federal judge on Monday recused herself from a hostile work environment and retaliation suit brought by a group of former SpaceX employees, saying she owns Tesla stock and is friends with a SpaceX human resource executive's mother-in-law.
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November 04, 2024
Justices Remand Atty Privilege Case After Judge Admits Gaffe
The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.
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November 04, 2024
Tesla Fights Sanctions Bid Over Atty's Mediation Appearance
Tesla Inc. has pushed back against a widow's sanctions bid over allegations a company in-house attorney appeared at a mediation in her wrongful death case despite lacking settlement authority, saying her attorneys improperly disclosed the contents of confidential mediation communications.
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November 04, 2024
Suspended Fla. Atty Seeks Leniency Over Missing Precedent
A suspended Florida attorney has urged the Florida Supreme Court to reduce the punishment it doled out last month, including a one-year suspension of his law license, arguing that the state Supreme Court's decision "cites no precedent," so it should use its discretion to hand out lesser sanctions.
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November 04, 2024
Atty Moves To Oust DA Who Cleared Cops In Brother's Death
A Littler Mendelson PC shareholder's effort to remove the Massachusetts district attorney who absolved officers in the 2021 fatal shooting of his brother left justices on the state's highest court grappling with the reach of a seldom-used state statute allowing them to oust government officials for "the public good."
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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Ford Gets New Trial In $1.7B Rollover Case In Georgia
The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
Georgia Bar Forms 23-Person AI Special Committee
The State Bar of Georgia has announced the formation of a special committee that will explore and make recommendations on how the state's professional conduct rules cover developments in legal technology, particularly tools involving artificial intelligence.
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November 01, 2024
Manufacturer Says Atty Turned Tiff Into 'Slow Motion Disaster'
A Colorado electronics manufacturer says a law firm turned a minor dispute into a "slow motion disaster," resulting in a $1 million bill that threatens to sink the business, filing a malpractice suit one day before seeking bankruptcy protections.
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November 01, 2024
Atty Suing Ex-Partner Asks Judges For 'Fairly Nominal' Bond
An attorney suing his ex-CEO over the breakup of their law firm has asked a Connecticut Superior Court judge to clear up two orders from different jurists by explaining how much bond he'll be required to post, saying a "fairly nominal" bond would ensure he keeps the case on track.
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November 01, 2024
Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.
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November 01, 2024
Judge Skeptical Of NYC Mayor's Bid To Dismiss Bribery Count
A Manhattan federal judge on Friday voiced skepticism of New York City Mayor Eric Adams' motion to dismiss his bribery charge, and set an April trial date in a case accusing the mayor of taking travel perks from Turkish officials in exchange for official favors.
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November 01, 2024
GRSM50 Won't Be Disqualified In Detroit Hotel Firing Suit
A Michigan federal judge has refused to disqualify Gordon Rees Scully Mansukhani LLP from representing an upscale Detroit hotel in a retaliation suit filed by three fired employees, but flagged the firm for being "negligent" in its handling of discovery in the case.
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November 01, 2024
What Happens To Ga. Election Case If Trump Wins?
The fate of the Georgia election interference case against former President Donald Trump is on the ballot this November, according to legal experts, who told Law360 that a Trump victory would likely mean any trial would have to wait until he completes his term in office.
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November 01, 2024
Ex-Mohawk IT Exec Cops To $1.8M Ripoff Of Flooring Co.
Days before he was set to face trial, flooring giant Mohawk's former head of information technology pled guilty Friday to eight wire fraud and conspiracy charges for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
How 2024 Election Litigation May Look Different From 2020
Courts are fielding a flood of lawsuits over the 2024 presidential election, with more certainly to come, but those suits may have some significant differences from the ones that played out in 2020, according to experts.
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November 01, 2024
Jackson Walker Rips Trustee's Judge Romance Fee Clawback
The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.
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November 01, 2024
Dentons, Boies Schiller Want Out Of 'Absurd' $300M RICO Suit
Dentons and Boies Schiller Flexner LLP have asked a Manhattan federal court to toss a $300 million racketeering lawsuit brought against them by a former client and his companies following what they called a botched power plant contract in Senegal, with Dentons further requesting Rule 11 sanctions against the plaintiffs and their counsel for bringing "frivolous" claims.
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November 01, 2024
Danish Tax Agency To Settle With Atty In $2.1B Tax Fraud Suit
Denmark's tax authority has agreed to settle with an attorney whom it has accused of helping clients claim fraudulent tax refunds in a sprawling $2.1 billion case, according to a letter by its attorney in New York federal court.
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November 01, 2024
Conn. Judge Hacks Up Ex-Town Atty's Defamation Suit
A Connecticut state court judge has dismissed all claims against the town of Newington and most claims against its tax assessor from a wide-ranging lawsuit brought by a group of former officials, including the former town attorney, who alleged that they were disparaged in a series of "false" ethics complaints and public comments.
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October 31, 2024
Judge 'Duped' By BigLaw Attys Urged To Preserve Sanctions
Guardant Health urged a California federal judge Thursday to reject a request from Natera's Quinn Emanuel Urquhart & Sullivan LLP attorneys to lessen sanctions barring clinical trial evidence in Guardant's false advertising case, noting the court said it had been "duped" by false and misleading statements from Natera's expert and counsel.
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October 31, 2024
Ex-Trump Atty Chesebro's Law License Suspended In NY
Kenneth Chesebro's law license was suspended in New York State on Thursday over his role supporting former President Donald Trump's alleged efforts to overturn Georgia's 2020 election results, with the suspension a result of his guilty plea last year for conspiracy to commit filing false documents.
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October 31, 2024
Atty Can't Dodge All Claims In $14.6M Tribal RICO Suit
An Oklahoma federal judge has partly denied a bid by a tribe's general counsel and his law firm to toss accused fraudsters' claims against them in a Racketeer Influenced and Corrupt Organizations Act lawsuit, finding he may have breached his fiduciary duty when serving both parties in the suit.
Expert Analysis
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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5 Defense Lessons From Prosecutors' Recent Evidence Flubs
The recent dismissal of Alec Baldwin’s involuntary manslaughter charges, and the filing of an ethics complaint against a former D.C. prosecutor, both provide takeaways for white collar defense counsel who suspect that prosecutors may be withholding or misrepresenting evidence, say Anden Chow at MoloLamken and Jonathan Porter at Husch Blackwell.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.