Legal Ethics

  • June 09, 2025

    FEMA Dodges Atty's Bias And Retaliation Suit, For Now

    A California federal judge dismissed an attorney's lawsuit alleging two federal agencies fired her after she complained that a male colleague harassed her, saying the excessive length and repetitiveness of her claims makes an adequate response a "practical impossibility." 

  • June 09, 2025

    Ga. Judge Argues Ethics Charges Are 'Irreparably Tainted'

    An Atlanta trial judge urged a hearing panel to throw out the ethics charges leveled against her despite the Georgia Judicial Qualifications Commission's arguments that her motion to quash was untimely.

  • June 09, 2025

    2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit

    The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.

  • June 09, 2025

    NJ Bar Pushes To Keep Limit On Nonclient Malpractice Claims

    The New Jersey State Bar Association is asking that state's Supreme Court not to expand plaintiffs' ability to sue attorneys for malpractice when they weren't those lawyers' clients, according to a Monday announcement.

  • June 09, 2025

    5th Amendment Can't Shield Ex-Exec, Drugmakers Argue

    Generic-drug makers urged a Pennsylvania court to compel a former executive to sit for a deposition in ongoing price-fixing litigation despite his invocation of the Fifth Amendment, arguing his testimony is crucial to their defense.

  • June 09, 2025

    Fitch Even's Ex-IP Client Wants Firm's Patent Suit Tossed

    Prenatal-Hope Inc. and its chief executive officer are asking an Illinois federal judge to dismiss a suit in which law firm Fitch Even Tabin & Flannery LLP seeks a declaration that the CEO isn't the inventor behind a prenatal test patent.

  • June 09, 2025

    Alibaba Wants Patent Suit Axed Over Atty's 'Extreme' Conduct

    Cloud products and services company Alibaba Cloud US LLC has moved to dismiss a patent suit against it by Cooperative Entertainment Inc. as a sanction for "extreme" conduct by its attorney, which continued after he was referred to a disciplinary committee.

  • June 09, 2025

    Boies Schiller Faces DQ Bid In Law Firms' Battle In Florida

    Boies Schiller Flexner LLP and its attorney Sashi C. Bach are facing a disqualification bid in a Florida state court case between pharmaceutical mass tort firms and their former counsel, with the suing firms arguing that Boies Schiller cannot represent its co-defendants because of a conflict.

  • June 09, 2025

    Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules

    In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.

  • June 09, 2025

    Pa. Firm, Insurer End Suit Over Legal Malpractice Coverage

    A Philadelphia law firm has dropped its bad faith lawsuit against an insurer stemming from a dispute over coverage for a legal malpractice case that ended in a $600,000 judgment against the estate of one of the attorneys, according to a recent filing.

  • June 09, 2025

    Feds Can Sell Russian Oligarch's Seized $230M Superyacht

    A New York federal judge has determined the government can proceed with an auction of a superyacht that once belonged to a sanctioned Russian billionaire, rejecting an argument that a potential sale would undercut the vessel's full value.

  • June 09, 2025

    Fla. Bar Rejects Ethics Probe Of Bondi While She's In Office

    The Florida Bar has told a group of lawyers, law professors and former judges that it will not open an ethics investigation into Pam Bondi's actions as attorney general, saying in a letter that it doesn't "investigate or prosecute sitting officers appointed under the U.S. Constitution while they are in office."

  • June 09, 2025

    Nadine Menendez Says Counsel Shake-Up Erases Conviction

    Former Sen. Robert Menendez's wife, Nadine Menendez, has asked a Manhattan federal judge to vacate the jury's guilty verdict in her bribery case, arguing that her Sixth Amendment rights were violated when she was denied her choice of legal representation.

  • June 06, 2025

    Willkie Atty's Ex-Landlord Says NY Post Leak Wasn't His Idea

    A Willkie Farr & Gallagher LLP partner's onetime landlord asked for a pretrial victory in a federal feud with his former tenants, telling a Connecticut court Friday he did not participate in his ex-attorney's leak of unflattering allegations about A. Mark Getachew and his wife to the New York Post.

  • June 06, 2025

    Stewart Says PTAB Should 'Never' Cancel IP As A Sanction

    The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.

  • June 06, 2025

    Teachers Want $218K In Costs After Pay Bias Trial Win

    Counsel representing two female teachers should receive nearly $218,000 in costs following a jury trial in which the workers were awarded $165,000 over claims that a Pennsylvania school district paid them less than men, the teachers told a federal court.

  • June 06, 2025

    Ex-Wells Fargo Atty Wins Arbitration Bid In Trade Secrets Suit

    A former senior in-house counsel for Wells Fargo Advisors won his bid to make the bank arbitrate claims he absconded with confidential information and coordinated a mass resignation of other staff when he left to work at a competing advisory firm.

  • June 06, 2025

    Flaws Remain In Bar Fitness Queries, Summit Panelists Say

    Many current state bar character and fitness tests fail to identify bad actors, and at the same time, certain aspects of the queries can hurt efforts to increase diversity in the profession, according to panelists at the American Bar Association's 2025 Virtual Equity Summit on Friday.

  • June 06, 2025

    Calif. Bar Hires Investigator To Review Exam Snafu

    The State Bar of California's board of trustees voted to approve a $185,000 contract with a nonprofit to review "exam scoring irregularities and testing accommodations" from its fraught February 2025 bar exam.

  • June 06, 2025

    NJ Firm Says It Has No Business Being Sued In Louisiana

    New Jersey-based Porzio Bromberg & Newman PC asked a Louisiana federal judge to dismiss a doctor's suit accusing the firm of driving him into bankruptcy, arguing that there's no jurisdiction that would justify continued litigation in the state.

  • June 06, 2025

    Texas Justices Say 'Reciprocal' Discipline Is Time-Limited

    Texas' four-year time limit on attorney discipline applies to "reciprocal" discipline cases, in which a lawyer is sanctioned in Texas after being similarly sanctioned in another state, the Texas Supreme Court ruled Friday.

  • June 06, 2025

    Firm Fights Bid To Remand Florida Whistleblower Suit

    Insurance litigation firm Matthiesen Wickert & Lehrer SC pushed back against a whistleblower's request to have her case remanded to state court, arguing that the amount sought in the case satisfies the $75,000 minimum to stay in federal court.

  • June 06, 2025

    Litigation Funder Can't Stop Attys' Texas Fee Fight Remand

    A divided Texas First Court of Appeals won't disturb a split decision that revived a dispute between an attorney and a former attorney over a fee-sharing agreement in tobacco litigation, rejecting a litigation finance company's en banc request to keep its trial court victory and prevent the case from being remanded.

  • June 06, 2025

    Calif. Panel Remands Fee Claims Over Evidence Exclusion

    A California trial court erred when it blocked any reference to underlying legal malpractice allegations in a trial for recovery of fees brought by a San Francisco lawyer against his former clients, according to a Golden State appeals panel, which found the malpractice claims, though "effectively abandoned," had not reached final judgment on the merits.

  • June 06, 2025

    Fox Rothschild Settles Suit Over $3M Real Estate Deal

    Fox Rothschild LLP has settled a Colorado real estate investor's legal malpractice lawsuit over a $3 million development deal that went wrong, according to a new order filed in state court directing the parties to file for dismissal within a month.

Expert Analysis

  • A Vision For Economic Clerkships In The Legal System

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    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.

  • E-Discovery Quarterly: Recent Rulings On Text Message Data

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    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.

  • 'Fat Leonard' Case Shows High Bar For Rescinding Guilty Plea

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    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.

  • Series

    Swimming Makes Me A Better Lawyer

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    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.

  • As Arbitrator Bias Claims Rise, Disclosure Standards Evolve

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    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.

  • Don't Use The Same Template For Every Client Alert

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    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.

  • Series

    Walking With My Dog Makes Me A Better Lawyer

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    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.

  • Think Like A Lawyer: Follow The Iron Rule Of Trial Logic

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    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.

  • The Art Of Asking: Leveraging Your Contacts For Referrals

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    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.

  • Series

    Being An Equestrian Makes Me A Better Lawyer

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    Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.

  • 4 Ways To Refresh Your Law Firm's Marketing Strategy

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    With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.

  • What Law Firms Should Know Amid Rise In DQ Motions

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    As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.

  • Data Protection Steps To Consider After Biden Privacy Order

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    A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.

  • Surveying Legislative Trends As States Rush To Regulate AI

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    With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

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