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Legal Ethics
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July 02, 2024
Ex-Senior Apple Atty To Pay SEC $1.1M For Insider Trading
Apple's former director of corporate law must pay $1.1 million to securities regulators stemming from criminal insider trading charges to which he pled guilty in 2022, a New Jersey federal judge said Tuesday, finding that his "egregious" violations warrant the penalty since "his very job" was to ensure compliance with securities laws.
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July 02, 2024
Samsung Says IP Law Firm, Litigation Funder Misused Info
Samsung Electronics Co. Ltd. says an intellectual property law firm and a Chinese litigation funder used its confidential information without permission to help Staton Techiya LLC assert patent infringement allegations, telling a Texas federal judge that the conduct demonstrated why the court should add the other companies to Samsung's suit.
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July 02, 2024
Wash. Court OKs Anti-Masker's School Recall Sanctions
Washington appellate judges said Tuesday an Evergreen State man waited too long to appeal $30,000 in sanctions and ruled the trial court was justified in pinning most of the blame on him — instead of his attorneys — for filing baseless recall petitions to dissuade school board members from complying with a state COVID-19 mask mandate.
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July 02, 2024
YSL Judge Shares Transcript Of Secret Witness Meeting
The transcript of a secret meeting involving Fulton County prosecutors, a key state's witness and the judge overseeing the Young Slime Life case was released Monday, shortly after it was announced that proceedings in the case would be paused until an outside judge reviews motions for the judge's recusal.
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July 02, 2024
Calif. Atty Facing Disbarment After Admitting To $4.8M Fraud
The California State Bar announced Tuesday that a prominent Golden State family law attorney has agreed to be disbarred after she admitted to misappropriating "virtually the entirety" of a more than $4.8 million client trust account, then attempting to cover up the theft of funds by filing false documents.
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July 02, 2024
'Shark Tank' Sweatshirt Biz Lands Injunction, But No Atty Fees
The startup behind "The Comfy" sweatshirt featured in an episode of "Shark Tank" that won an $18 million verdict against a rival sweatshirt brand has secured an injunction against the competitor, but it has failed to collect nearly $2 million in requested legal fees on account of "quarrelsome conduct on both sides," according to an Arizona federal judge.
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July 02, 2024
Beasley Allen Slams J&J's DQ Bid 'Check-Up' In Talc Tort
The Beasley Allen Law Firm and Johnson & Johnson continue to spar over the firm and attorney Andy Birchfield's role in long-running federal and state mass torts over talcum powder injuries, with the firm calling out J&J on Tuesday for "prodding" the New Jersey courts to boot the lawyers from the litigation.
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July 02, 2024
Ex-Bankruptcy Judge Will Be Deposed Over Atty Romance
The former Texas bankruptcy judge whose secret relationship with a Jackson Walker LLP attorney ignited a major judicial ethics scandal has agreed to sit for a seven-hour deposition to answer questions about the episode.
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July 02, 2024
Seton Hall Says Ex-Prez's Whistleblower Suit Must Be Axed
A New Jersey trial court was urged to toss retaliation, sexual harassment and discrimination claims against Seton Hall University and its board of regents by its former president, with the school arguing the whistleblower suit is rife with "gamesmanship," ignoring both case law and the underlying facts.
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July 02, 2024
Dentons Says Ex-Client Can't Escape $4.7M Fee Suit In Texas
International law firm Dentons Europe CS LLP urged a Texas federal court Tuesday to keep alive its suit accusing a Houston-area crisis response business of failing to pay more than $4.7 million in legal fees and said the correct venue was Texas, not England, as the business has argued.
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July 02, 2024
Bond-Rigging Suit Revived Over Judge's Wife's Stock Conflict
The Second Circuit on Tuesday revived a proposed class action accusing big banks of rigging corporate bonds, ruling that the New York federal judge who previously dismissed the suit should have recused himself due to his wife's ownership of Bank of America stock.
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July 02, 2024
Pa. Clerk Named After Departures Spur 'Judicial Emergency'
Dauphin County, Pennsylvania's president judge has selected an interim clerk of courts to take over the office's duties following last week's sudden resignation of the elected clerk and the Supreme Court's declaration of a judicial emergency.
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July 02, 2024
Fla. Bar Drops Kennedys Ethics Case Over Unlawful Practice
The Florida Bar has dropped an ethics complaint against Kennedys CMK and three of its attorneys over allegations the firm improperly presented the lawyers as permitted to practice law in the Sunshine State.
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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.
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.