Legal Ethics

  • October 07, 2024

    Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit

    The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.

  • October 07, 2024

    New Bill Would Enact 'Commonsense' Litigation Disclosures

    A top Republican on the House Judiciary Committee announced Monday he introduced legislation to require the disclosure of parties receiving payments in civil lawsuits, a phenomenon known as "third-party litigation financing," in order to prevent abuses in the legal system.

  • October 07, 2024

    5 Decisions To Know By Outgoing Mass. Chief Judge

    Chief Massachusetts U.S. District Judge F. Dennis Saylor IV, who announced Monday that he will step back from full-time judicial service next summer, has presided over numerous significant cases in recent years, including a dispute over the U.S. Securities and Exchange Commission's disgorgement powers and a birth defects suit against GlaxoSmithKline.

  • October 07, 2024

    Trio Of 1st Circ. Criminal Cases Turned Away By Top Court

    The U.S. Supreme Court on Monday declined to review three white collar cases on appeal from the First Circuit, including challenges to a cryptocurrency founder's conviction for investor theft and an Illinois attorney's fraud and money laundering conspiracy verdict.

  • October 07, 2024

    US Trustee Pans Guo Ch. 11 Trustee's Secret Deal For Firm

    The U.S. Trustee's Office on Monday objected to a Chapter 11 trustee's attempt to file under seal a deal with a law firm in the sprawling $374 million bankruptcy of convicted Chinese exile Miles Guo, saying voluminous case law prevents shrouding such settlements with secrecy.

  • October 07, 2024

    Whistleblower Must Show Docs In Fla. House-Flipping Scheme

    A Florida state court judge Monday ordered a woman who uncovered a house-flipping scheme allegedly run by the husband of a former Miami city attorney to produce documents in the case, including communications with journalists, in an attempt to show whether any misconduct occurred over the course of the investigation.

  • October 07, 2024

    9th Circ. Nixes Judicial Complaint Over Atty 'Disbar' Threat

    The Ninth Circuit has rejected a judicial misconduct complaint against a judge who allegedly suggested that he could "disbar" a lawyer.

  • October 07, 2024

    Lin Wood Denies Lying About Assets In Fight With Ex-Partners

    Former attorney Lin Wood pushed back Friday on his former partners' allegations that he concealed a $4 million asset and lied about being unable to post a cash bond during his appeal of the $3.75 million defamation verdict against him, saying they "fundamentally misunderstand the facts."

  • October 07, 2024

    Apple, Amazon Urge Sanctions For Absent Antitrust Plaintiff

    A no-show named plaintiff should be sanctioned for ignoring discovery obligations in a putative antitrust class action over Apple and Amazon's third-party vendor restrictions for iPhone and iPad sales, the two tech giants have told a Washington federal judge.

  • October 07, 2024

    Ga. Judge Faces Ethics Charges Over Yearslong Case Delays

    A Georgia probate court judge faces multiple ethics charges for supposedly delaying a series of cases, the most severe of which has sat open for more than seven years.

  • October 07, 2024

    Steam Gamer Wants Sheppard Mullin Atty Back As Arbitrator

    A Los Angeles man who joined an antitrust action against Valve Corp., the company behind online video-game store Steam, has brought a petition in Los Angeles Superior Court seeking to reinstate a Sheppard Mullin lawyer as arbitrator for dozens of California litigants, arguing his disqualification came too late and was otherwise unfounded.

  • October 07, 2024

    Defiant Philly Judge Gets Suspended For Political Posts

    A Pennsylvania judge who flouted conduct rules by making political posts was suspended without pay Monday, a matter the state's judicial ethics court called historic because of the jurist's repeated defiance of warnings.

  • October 07, 2024

    Justices Won't Review Feds' Warrant On Trump's Twitter DMs

    The U.S. Supreme Court declined on Monday to review a court order that allowed special counsel Jack Smith to obtain messages from Donald Trump's account on the X social media platform while barring X Corp. from alerting the former president beforehand.

  • October 07, 2024

    Justices Won't Review Judge's Non-Recusal In Al-Qaida Case

    The U.S. Supreme Court on Monday refused to probe whether a D.C. Circuit judge, previously a government attorney, should have recused himself from a former al-Qaida member's appeal of a life sentence for terrorism and war crimes.

  • October 04, 2024

    Top 5 Supreme Court Cases To Watch This Fall

    The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.

  • October 04, 2024

    Mondelez, BCLP Ink $750K Deal To End Data Breach Suits

    Mondelez Global LLC workers on Friday asked an Illinois federal judge to greenlight a $750,000 settlement that would resolve proposed data privacy class actions against their employer and Bryan Cave Leighton Paisner LLP stemming from a 2023 data breach.

  • October 04, 2024

    Attys Tried To Coerce Client For Larger Fee, Texas Court Rules

    A Texas appeals court found that two attorneys tried to finagle a higher fee out of their client by threatening her with a lawsuit if she didn't fork over a larger amount than was specified in their contract, with the three-judge panel overruling all the attorneys' issues.

  • October 04, 2024

    Arnold & Itkin's Zeta DQ Bid 'Disappointing,' Ex-Clerk Testifies

    A Harris County judge began mulling Arnold & Itkin LLP's bid to disqualify Transocean's counsel from Hurricane Zeta litigation after a marathon hearing Friday that included testimony from a former Arnold & Itkin law clerk-turned-defense-lawyer who said she watched the contentious proceeding with "bitter amusement" and "disappointment."

  • October 04, 2024

    Circle K Avoids Trial, Settles Suit Over Gas Pump Death

    The family of a woman who was killed at a Circle K gas pump that caught fire has settled its claims against the convenience store and gas station company and its attorneys on the eve of trial, an attorney confirmed Friday.

  • October 04, 2024

    Atty Who Defied License Ban Asks Court To Rethink Jail Time

    A disbarred attorney asked the Florida Supreme Court on Friday to reconsider its decision to send him to jail for 60 days for allegedly repeatedly practicing law without a license, including continuing to market himself as a licensed attorney.

  • October 04, 2024

    Genasys Seeks Sanctions For Destroyed Evidence In IP Case

    Genasys Inc. has asked a California federal court to issue terminating sanctions against two former employees for allegedly destroying evidence in a case where the long-range acoustic device company is accusing them of stealing trade secrets to form a competing business.

  • October 04, 2024

    Fed. Circ. Topples Verdict In Tire Design IP Litigation

    The Federal Circuit on Friday determined that a federal court in Chicago had it wrong about what kind of conduct in litigation is granted "absolute litigation privilege," upending a multimillion-dollar jury verdict on liability over language in settlement agreements in a dispute over tire designs.

  • October 04, 2024

    Election Litigation Looms Over New Supreme Court Term

    The U.S. Supreme Court justices return to the bench Monday for a new term, even as the dust continues to settle from the shifts in administrative law and foundational changes to presidential immunity that headlined their last sitting. But experts say any hope that this term may be calmer is wishful thinking, in large part due to all-but-certain litigation over the presidential election.

  • October 04, 2024

    Retired Judge Says Unpaid Services Suit's Claims 'Untimely'

    Retired U.S. Circuit Judge Richard A. Posner asked an Indiana federal court on Friday to grant him a summary judgment win in litigation alleging he stiffed a man out of a six-figure salary after hiring him to run a now-defunct pro bono legal services organization, saying the suit's claims are "untimely."

  • October 04, 2024

    Oversight Dems Probe Chief Justice On Jan. 6 Case Handling

    Two House Democrats on the oversight committee questioned U.S. Supreme Court Chief Justice John Roberts Friday on recent reporting he replaced Justice Samuel Alito as the author of a decision on a Jan. 6 case after the public learned the latter justice's wife flew flags at their homes with ties to the "Stop the Steal" movement.

Expert Analysis

  • Think Like A Lawyer: Always Be Closing

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    When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Opinion

    NY Should Pass Litigation Funding Bill To Protect Plaintiffs

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    New York state should embrace the regulatory framework proposed in the Consumer Litigation Funding Act, which would suppress the unregulated predatory lenders that currently prey on vulnerable litigants but preserve a funding option that helps personal injury plaintiffs stand up to deep-pocketed corporate defendants, says Alan Ripka at Alan Ripka & Associates.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • High Court Injunction Case Could Shake Up Fee-Shifting Rules

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    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.

  • Using A Children's Book Approach In Firm Marketing Content

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    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.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    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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