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Legal Ethics
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July 08, 2024
Trump's Mar-a-Lago Case Slowed After Immunity Ruling
The Florida federal judge overseeing Donald Trump's criminal case over retaining classified national security documents at Mar-a-Lago after leaving the White House temporarily halted some proceedings following the U.S. Supreme Court's presidential immunity ruling, and also denied a motion to dismiss the superseding indictment against Trump's personal aide.
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July 08, 2024
Trump Allies Push For Fani Willis DQ In Election Case
A pro-Donald Trump think tank has thrown its support behind the former president's bid at the Georgia Court of Appeals to have a trial court's decision reversed and Fulton County District Attorney Fani Willis disqualified from prosecuting Trump and 18 co-defendants over interference in the 2020 election.
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July 08, 2024
NJ Bar Wants To Halt Ban On Out-Of-State Atty Referral Fees
The New Jersey State Bar Association has asked the state Supreme Court to pause enforcement of a new ethics rule that would bar Garden State certified trial attorneys from paying referral fees to out-of-state lawyers.
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July 08, 2024
Ex-OneTaste Staffer Says Atty Forced Her To Play The Victim
A former employee of sexual wellness company OneTaste is suing her former lawyer, saying he conspired with the FBI to present her as a victim of a forced labor conspiracy while she maintains she was not.
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July 08, 2024
Fla. Judge Who Cursed From Bench Faces 60-Day Suspension
An ethics panel on Monday again recommended a 60-day suspension for a judge's intemperate conduct on the bench that included cursing out a member of the gallery in his courtroom, despite the Florida Supreme Court's previous determination that the sanction was inadequate.
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July 08, 2024
House Hearing Postponed For Trump's NY Prosecutors
The House Judiciary Committee's hearing with Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo on former President Donald Trump's conviction on 34 felony counts has been postponed.
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July 08, 2024
1st Circ. Nominee Cut Teeth As 'Victim-Centered' Prosecutor
Maine Superior Court Justice and First Circuit nominee Julia Lipez spent most of her legal career prosecuting federal human trafficking cases, an experience former colleagues say demonstrates her sense of fairness and a sharp focus on the well-being of victims.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 08, 2024
Biden Says Reelection Crucial To Supreme Court Reform
President Joe Biden told congressional Democrats his reelection is crucial to bringing about "real" reforms to the U.S. Supreme Court in a letter Monday rejecting calls for him to back out of the presidential race.
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July 05, 2024
Feds Slam Girardi's 'Last Ditch Effort' To Block Evidence
Prosecutors urged a California federal judge Friday to reject Tom Girardi's bid to suppress evidence collected without a search warrant from his law firm's bankruptcy trustee, arguing that the trustee had control of the firm's books and records and had the power to voluntarily produce the documents for the disgraced attorney's wire fraud case.
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July 05, 2024
Conn. Firm Sued For Repping Both Parties In Business Sale
A Connecticut law firm has been hit with a malpractice suit saying an attorney improperly represented both parties in the sale of an interest in a restaurant business and ultimately drafted an agreement that misstated the deal in favor of the seller, leading to a $750,000 claim against the buyer.
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July 05, 2024
Armstrong Teasdale Resisted Diversity, Ex-DEI VP Says
Armstrong Teasdale LLP's former vice president of diversity, equity and inclusion claims the law firm hired her to help it cultivate a more diverse workplace, but then blocked her attempts to make recommendations and improvements before wrongly firing her, according to a lawsuit recently filed in Missouri state court.
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July 05, 2024
Fired Atty Only Gets $9K From $1.5M Motorcycle Crash Deal
A Connecticut appeals court ruled Friday that $9,000 was a fair payment to a personal injury attorney who was fired after he quickly obtained a $100,000 settlement offer for a motorcyclist who eventually settled for $1.5 million.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Judge Should Have Been Disqualified From Case, Panel Said
A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.
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July 05, 2024
Fla. Law Firm Settles Student Debtors' Suit After Mistrial
Weeks after a mistrial upended proceedings in a contentious case in which seven student debtors accused a Boca Raton, Florida, law firm of fraudulently claiming it could eliminate their private loan debt for a fee, the debtors have voluntarily and permanently dropped the claims following a settlement negotiation.
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July 05, 2024
Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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July 05, 2024
DQ'd Atty Denied Bid To Have Netflix Atty Held In Contempt
A California federal judge rejected a bid by a former Whitestone Law attorney to hold an attorney representing Netflix in a patent infringement case in contempt over harassment allegations, determining that the unwanted contact does not violate the order disqualifying his ex-firm.
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July 05, 2024
Rutgers Faces Contempt Bid Over Discipline In Bias Suit
A Rutgers Law School student is asking a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him for defamation, bullying, intimidation and harassment, arguing it violates a protective order he received in his discrimination lawsuit.
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July 05, 2024
Mich. Atty Ethics Board Moves Trump Allies' Cases Forward
The Michigan Attorney Discipline Board has refused to dismiss misconduct claims against six attorneys for challenging the results of the 2020 election in the Great Lakes State and ordered their disciplinary proceedings to move forward.
Expert Analysis
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High Court Injunction Case Could Shake Up Fee-Shifting Rules
In agreeing to review a Virginia case rendered statutorily moot before final judgment, the U.S. Supreme Court could finally settle the question of if — and when — a preliminary injunction can win attorney fees for a prevailing party, but all possible answers could disrupt fee-shifting schemes written into major laws, says Laurens Wilkes at Winston & Strawn.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Trump Hush Money Case Offers Master Class In Trial Strategy
The New York criminal hush money trial of former President Donald Trump typifies some of the greatest challenges that lawyers face in crafting persuasive presentations, providing lessons on how to handle bad facts, craft a simple story that withstands attack, and cross-examine with that story in mind, says Luke Andrews at Poole Huffman.
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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.