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Legal Ethics
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July 02, 2024
Mich. Justices Pass Up 'Most Famous' Atty's Malpractice Case
The Michigan Supreme Court on Tuesday left in place an appellate ruling that said comments by self-proclaimed "America's most famous trial lawyer" during a press conference can be used in a malpractice suit brought against him by a former client.
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July 02, 2024
Ga. Justices Say Atty Ethics Rules Only Apply To Legal Work
A Georgia lawyer did not violate attorney ethics rules when she allegedly mishandled trust funds since she was managing those funds only as a fiduciary and not as a lawyer, the Georgia Supreme Court ruled Tuesday.
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July 02, 2024
Dykstra Denied Early Win In Embezzlement Suit Against Atty
Former MLB All-Star Lenny Dykstra swung for an early win but missed in his lawsuit accusing his former attorney and the attorney's firm, Galanter Associates, of embezzling funds from him, when a California judge denied his summary judgment motion Tuesday.
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July 02, 2024
After Fischer, Judge Releases Atty Convicted In Jan. 6 Riot
A D.C. federal judge ordered the release of a Georgia attorney imprisoned for storming the U.S. Capitol on Jan. 6, 2021, saying his pending appeal would likely result in his freedom after the U.S. Supreme Court narrowed an obstruction of Congress law used to convict him and others involved in the assault.
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July 02, 2024
DLA Piper Tells Judge Fired Associate Got Proper Discovery
Counsel for DLA Piper LLP told a Manhattan federal judge on Tuesday the firm has provided responsive information to a former associate who claims she was unlawfully fired while pregnant, adding it is confident her termination was lawful.
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July 02, 2024
Therapy Co. Sues Littler For Alleged Bad Advice
A Chicago-based therapy company has sued Littler Mendelson PC in Cook County Circuit Court, accusing the firm of failing to advise against a labor contract that was not permitted, which ended up costing the company nearly $225,000.
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July 02, 2024
Giuliani Disbarred In New York Over Election Falsehoods
A New York appellate court Tuesday barred Rudolph Giuliani from practicing law in New York, citing ample evidence that the former New York City mayor made repeated false statements about the 2020 presidential election.
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July 02, 2024
Trump's NY Sentencing Pushed To Sept. After Immunity Ruling
A New York judge on Tuesday delayed Donald Trump's criminal sentencing from July 11 until Sept. 18 to give prosecutors and the former president's attorneys time to argue over whether the U.S. Supreme Court's immunity decision vacates his conviction.
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July 01, 2024
Trump Seeks To Vacate NY Verdict, Citing Immunity Decision
Former President Donald Trump's attorneys asked the New York state judge overseeing his hush money case to delay sentencing and consider setting aside the jury's guilty verdict in the wake of the U.S. Supreme Court's ruling on presidential immunity Monday.
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July 01, 2024
Ex-Ozy Media CEO Carlos Watson Takes Stand, Denies Fraud
Former Ozy Media CEO Carlos Watson on Monday testified that he is not guilty of charges that he deceived financial backers of the media and entertainment company about its allegedly dire financial state, while casting himself as the founder of an idealistic and scrappy startup that had more value than the government claims.
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July 01, 2024
Could Trump Get Jail In NY? We Dug Into 10 Years Of Data
Donald Trump could well be sentenced to a prison term after a New York state jury found him guilty on 34 felony counts, according to criminal justice data showing that many New York defendants convicted of those crimes face incarceration.
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July 01, 2024
Wash. Law Firm, Ex-Atty Aided In $20M Fraud, Suit Alleges
A Washington attorney and her former law firm are accused of lending "an air of legitimacy" to an alleged scheme to bilk an asset management firm out of $20 million by using forged invoices to obtain financing for computer equipment, according to a complaint filed in Washington state court.
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July 01, 2024
Wolfgang Puck Judge Chops Sanctions Bids In Royalty Fight
A Florida magistrate judge on Sunday rejected competing sanctions bids in a contentious lawsuit filed by celebrity chef Wolfgang Puck and interior designer Barbara Lazaroff claiming the owner of an appliance company hid assets to get out of paying a $2.4 million arbitration award for unpaid royalties.
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July 01, 2024
Ex-LSU Football Director Seeks Full 5th Circ. Bias Suit Review
A former Louisiana State University football director asked the Fifth Circuit on Monday for a full-court review of its ruling that her bias suit does not plausibly show that school officials violated public records law by not turning over sexual harassment investigation records.
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July 01, 2024
Atty Warned Not To 'Gamble' In Bid To DQ Quinn Emanuel
A California federal judge considering Bright Data's bid to disqualify Quinn Emanuel Urquhart & Sullivan LLP from representing X Corp. in the social media company's data scraping lawsuit suggested Monday that Bright Data's Proskauer Rose LLP counsel is "gambling" by withholding a document from the judge.
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July 01, 2024
Atty Not 'Annoying' Enough For Restraining Order
A California appeals court affirmed Monday a finding that a personal injury attorney's aggressive behavior toward another attorney only rose to the level of "annoying" and thus didn't warrant a permanent restraining order, saying the behavior must rise to the level of "seriously annoying" to be considered harassment.
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July 01, 2024
Ex-Calif. Law Firm CFO Charged in $1.2M Embezzlement
The former chief financial officer of two related San Francisco law firms now faces federal criminal charges that he embezzled at least $1.2 million from the companies, and the government is trying to seize some of his properties.
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July 01, 2024
Judge Acquits Firm Co-Founder, 27 Others Over Panama Papers
When authorities raided the now defunct Panamanian law firm Mossack Fonseca as part of their investigation into the international money laundering case known as the Panama Papers, they didn't follow the chain of custody for evidence they seized, so 28 people accused in the conspiracy must be acquitted, a Panamanian judge has ruled.
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July 01, 2024
Texas Agency Urges Top Court To End Court Reporter's Suit
The administrative agency tasked with oversight of court stenography in Texas asked the state's Supreme Court on Friday to shut down a court reporter's push to force it to investigate a digital transcription company, arguing that the agency doesn't have jurisdiction.
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July 01, 2024
2nd Circ. Throws Out Disbarred Ex-BigLaw Atty's RICO Suit
Former BigLaw associate Anthony Zappin is now 0-for-16 in the flurry of lawsuits he filed after a 2015 divorce sanctions ruling led to him being fired, disbarred and routinely mocked in the New York City tabloids, after the Second Circuit on Monday upheld the dismissal of a racketeering case against three foes he blames for his predicament.
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July 01, 2024
House GOP Sues Garland For Special Counsel Tapes
House Judiciary Committee Republicans filed a lawsuit against Attorney General Merrick Garland on Monday in hopes of obtaining audio tapes of President Joe Biden and his ghostwriter's interviews with special counsel Robert Hur in the classified documents investigation.
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July 01, 2024
Feds Say Ex-Magellan Officer's Atty May Have Conflict
A Donnelly Conroy & Gelhaar LLP attorney's prior representation of co-defendants in a pending fraud case against former executives of medical device company Magellan Diagnostics may have created a disqualifying conflict of interest, lawyers for the government told a Massachusetts federal judge.
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July 01, 2024
8th Circ. Reverses Sanctions On Ark. Firm Over Fee Award
The Eighth Circuit has reversed a district court's sanction barring a law firm from participating in Fair Labor Standards Act lawsuits in the Eastern District of Arkansas over reported violations of the rules of civil procedure.
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July 01, 2024
Texas Attorney Serving 15-Year Sentence Is Disbarred
The State Bar of Texas announced Monday that it has yanked the license of a criminal defense attorney who was sentenced in 2021 to more than 15 years in prison after a jury found him guilty of cheating big-time Colombian drug trafficking clients.
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June 28, 2024
Paxton 5th Circ. Doc. Signals 'Unprecedented' Move By AG
The recent publication of a Fifth Circuit opinion indicating that federal agencies are moving forward with a corruption investigation against Texas Attorney General Ken Paxton, while not unusual, suggests an "unprecedented" attempt from the state's chief legal officer to block witnesses from having to give grand jury testimony, experts told Law360.
Expert Analysis
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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SEC May Be Regulating By Enforcement With Atty Actions
The U.S. Securities and Exchange Commission's recent high-profile actions against Covington and Frost & Miller show the agency is taking "regulation by enforcement" to a new arena — attorney misconduct — despite having a never-used rule on the books at its disposal, say attorneys at Tarter Krinsky.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Ethics Lessons From Outside Counsel Plotline In 'Succession'
A Season 3 storyline from “Succession,” featuring an outside counsel's ham-handed missteps, provides ethics lessons for white collar defense lawyers, especially in light of the U.S. Department of Justice’s recent corporate enforcement policy shifts, says Megan McDermott at the University of Wisconsin.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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How The Circuit Split Over CFPB Funding May Play Out
The Second Circuit created a circuit split last month when it found that the Consumer Financial Protection Bureau's funding structure doesn't violate the U.S. Constitution and clashed with the Fifth Circuit's holding that the CFPB itself is unconstitutional, but the U.S. Supreme Court may find a middle ground, say Andrew Braunstein and Casey Howard at Locke Lord.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.