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Legal Ethics
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October 02, 2024
Atty 'Malfeasance' Upends NY Manslaughter Conviction
A New York state judge reversed a manslaughter conviction against a man who says he mistakenly killed his friend, ordering a retrial after it was revealed his then-attorney concealed information he obtained about the trial judge's concerns with the defense's case.
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October 02, 2024
Ex-Federal Judge's Sex Misconduct Spurs New Criminal Trial
The sexual misconduct scandal that toppled a federal judge in Alaska has now caused a criminal conviction to be overturned, despite prosecutors' insistence that the judge's "out-of-court judicial misconduct" had no effect on the trial.
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October 02, 2024
Convicted Judge Owes Feds Retirement Funds, 7th Circ. Says
A former Illinois judge convicted of running a $1.4 million mortgage fraud scheme must cough up assets from her retirement accounts to cover her restitution obligations, the Seventh Circuit ruled Wednesday, agreeing with a Chicago district court that the government can access her retirement savings to satisfy that debt.
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October 02, 2024
Houston Firm Says DQ Bid Is Attempt To Duck MDL Penalties
Ahmad Zavitsanos & Mensing PLLC hit back Wednesday at Arnold & Itkin LLP's bid to disqualify it from Hurricane Zeta litigation, saying Arnold & Itkin's claim that a former law clerk took information for the defense team is an "illegitimate attempt" to "avoid legitimate merits discovery that goes to the heart of the case."
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October 02, 2024
Gordon Rees Atty Asks Judge To Rethink Malpractice Ruling
A Gordon Rees Scully Mansukhani LLP attorney urged a Washington state court to reconsider a recent ruling denying the dismissal of legal malpractice claims brought by the insurer for a climbing equipment manufacturer, saying the assignment and subrogation of professional liability claims is improper.
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October 02, 2024
Defense Atty Escapes DQ In $3M Transaction Row, For Now
An attorney representing a businessman facing a $3 million fraud suit over a botched business transaction will not be forced to step away from the case, a South Dakota federal judge determined Wednesday, denying a motion seeking to disqualify the lawyer because he worked on the deal at issue in the suit.
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October 02, 2024
State Farm's Sanctions Bid Nixed In Driver Tech Patent Tangle
Noting that both parties had unclean hands, a Texas federal judge denied State Farm's request for sanctions in consolidated patent infringement cases brought by an inventor who patented driver monitoring technology that he claims the insurer and automakers Mercedes-Benz and Honda used without permission.
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October 02, 2024
Game Artist's Discovery Violations Doom Gen Con Suit
A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.
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October 02, 2024
Madigan Can't Duck Bribery Claims After High Court Ruling
An Illinois federal judge on Wednesday declined to dismiss bribery charges against former Illinois House Speaker Michael Madigan after the U.S. Supreme Court's ruling limiting the reach of a bribery statute that once criminalized gratuities, while also refusing to sever his case from his co-defendant's.
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October 02, 2024
FisherBroyles Hit With Malpractice Suit Over Stem Cell Case
A Southern California stem cell treatment center hit FisherBroyles LLP with a $10 million malpractice suit in state court over the law firm's work defending it in a patent infringement case that settled, claiming the defense was so incompetently handled that it had to hire WilmerHale as the case approached trial.
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October 02, 2024
Ex-NJ Judge Wants Rethink Of Discovery Delay Bid Rebuff
A former New Jersey workers' compensation judge challenging her removal from the bench has asked a judge for more time to make her case, arguing that the matter is plagued by voluminous written discovery that leaves little time for depositions.
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October 02, 2024
Trump 'Resorted To Crimes' To Cling To Power, Feds Say
Donald Trump's alleged scheme to subvert the 2020 election results was "fundamentally a private one," special counsel Jack Smith told a D.C. federal judge in a newly unsealed brief that vies to prove that the former president is not immune from charges of election interference.
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October 02, 2024
Texas High Court Skeptical Of Atty Solicitation Law Overreach
The Texas Supreme Court on Wednesday appeared skeptical that an anti-solicitation statute should apply to lawyers licensed in the state who used "case runners" to attract personal injury clients who live out of state for lawsuits filed and decided beyond the borders of the Lone Star State.
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October 02, 2024
Wells Fargo Says Atty Can't Blame It For Getting Scammed
Wells Fargo has asked a Colorado state judge to dismiss claims brought by an attorney and conservative political figure alleging the bank failed to cancel his wire transfer from a client's account to what ended up being a scammer's Hong Kong account.
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October 02, 2024
Quinn Emanuel Can't Ignore Past Oro Negro Ties, Oil Co. Says
Oro Negro Drilling Pte. Ltd. said former counsel Quinn Emanuel Urquhart & Sullivan LLP must produce confidential information in a discovery bid to disqualify its attorneys in Mexican proceedings.
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October 02, 2024
Fla. Atty Disbarred For Abandoning Pharma Biz Before USPTO
The Florida Supreme Court on Wednesday disbarred an attorney for taking on intellectual property work for a pharmaceutical company only to later cease communications and keep the business in the dark about maintenance fees, causing its patents to expire.
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October 02, 2024
Ahmuty Demers Booted Off NJ Fatal Crash Case Over Conflict
A New Jersey state appeals court affirmed Wednesday that Ahmuty Demers & McManus is not allowed to represent both a paving company and one of its employees at the same time in a case in which the employee allegedly caused a fatal car crash.
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October 02, 2024
4th Circ. Says Murdaugh Can't Appeal Fraud Sentence
Former South Carolina attorney Alex Murdaugh, who is serving life in prison for murder, was denied an appeal of a separate 40-year sentence after pleading guilty to stealing at least $9 million from clients by a Fourth Circuit panel that said he'd waived his right to appeal.
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October 02, 2024
Morgan & Morgan Says Ex-Client 'Flat Wrong' Over Arbitration
Morgan & Morgan PA and one of its attorneys told a Georgia federal court on Tuesday that an ex-client is "flat wrong" in arguing that his legal malpractice proposed class action should stay out of arbitration, saying that Georgia's case law clearly allows arbitration clauses between attorneys and clients.
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October 02, 2024
Auto Biz Must Hand Emails Over To EEOC In Harassment Case
A Michigan federal magistrate judge has ordered an automotive services company to turn over certain emails sought by the U.S. Equal Employment Opportunity Commission in a sexual harassment suit, saying only portions can be redacted due to attorney-client privilege.
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October 02, 2024
Progressive Group Staffs Up For Judicial Nominee Fights
With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.
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October 02, 2024
Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule
A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.
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October 02, 2024
Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say
Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.
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October 02, 2024
Baker Donelson Must Face Mississippi Ponzi Scheme Suit
A Mississippi federal judge has denied Baker Donelson's effort to escape civil conspiracy claims alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold, with the judge stating he was "not persuaded" by the firm's argument, as it was based on the Eleventh Circuit's interpretation of Florida law.
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October 02, 2024
NYC Mayor Adams May Face More Charges, Feds Say
Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.
Expert Analysis
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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Unpacking Executive Privilege, Contempt In Recent Cases
The U.S. House of Representatives’ recent move to hold Attorney General Merrick Garland in contempt of Congress is the latest example in a growing trend of executive privilege disputes, and serves as a warning to private citizens and corporate leaders who are in communication with the president, says Kristina Moore at Womble Bond.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Avoiding Legal Ethics Landmines In Preindictment Meetings
U.S. Sen. Bob Menendez's recent bribery conviction included obstruction charges based on his former lawyer's preindictment presentation to prosecutors, highlighting valuable lessons on the legal ethics rules implicated in these kinds of defense presentations, say Steve Miller and Hilary Gerzhoy at HWG.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.
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Class Actions At The Circuit Courts: July Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers cases touching on pre- and post-conviction detainment conditions, communications with class representatives, when the American Pipe tolling doctrine stops applying to modified classes, and more.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.