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Legal Ethics
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September 03, 2024
5th Circ. Won't Revive BP Spill Malpractice Settlement
The Fifth Circuit will not take another look at a proposed global settlement over accusations that attorneys botched Louisiana residents' claims following the 2010 BP Deepwater Horizon oil spill, issuing an order on Tuesday denying residents' bids for an en banc hearing to revive the settlement that a Fifth Circuit panel overturned in August.
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September 03, 2024
Firm Can't Enforce Unexplained Arbitration Clause In Illinois
A Missouri attorney accused of botching an injury lawsuit he helped pursue for a couple whose dry-cleaning business used allegedly toxic chemicals cannot arbitrate those allegations because he never explained the contractual arbitration provision in those clients' contract to them, an Illinois state appellate panel has found.
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September 03, 2024
Ex-Miami Atty's Countersuit Tossed Due To Litigation Privilege
A Florida state judge tossed an ex-Miami city attorney's countersuit against a constituent, saying her suit fighting real estate fraud allegations that she says led to her termination is barred by the state's litigation privilege doctrine in which absolute immunity protects certain statements made in court proceedings.
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September 03, 2024
Criminal Lawyers Group Backs YSL Atty In Contempt Appeal
The American Board of Criminal Lawyers told the Georgia Supreme Court that one of its fellows, an attorney defending rapper Young Thug in a racketeering trial, shouldn't have been held in contempt for refusing to divulge to a state judge how he learned about the judge's improper meeting with prosecutors and a key witness.
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September 03, 2024
Ch. 11 Bankruptcy Trustee Says Firm Charged Excessive Fees
The Chapter 11 trustee overseeing collapsed debt relief law firm Litigation Practice Group has accused a New York law firm of charging excessive fees while defending the California firm from lawsuits from merchant cash advance companies.
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September 03, 2024
Former Partner Of Bankrupt NC Firm Settles With Trustee
A former member of bankrupt North Carolina-based real estate law firm Washburn Law PLLC, which is being investigated by the FBI for millions of dollars in pilfered client money, has reached a settlement agreement with a court-appointed bankruptcy trustee.
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September 03, 2024
Duane Morris Wants Bulk Of Atty's Equal Pay Suit Tossed
Duane Morris LLP is asking a California federal court to toss most of the claims in a proposed class action alleging the firm systemically underpaid female and nonwhite attorneys, saying the attorney who filed the complaint has been fairly treated and compensated and her claims lack validity.
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September 03, 2024
Fla. Judge Faces DQ Bid Over 'Hostility' In Ex-Law Prof's Case
A former law professor at Florida A&M University wants the federal judge assigned to her retaliation lawsuit against the university to recuse himself, saying he has shown a "pattern of hostility" toward her in multiple court orders, according to a motion filed Tuesday.
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September 03, 2024
Serial Litigator Fights To Keep Michigan FOIA Suits Coming
A government critic and serial pro se litigant said Wayne County can't force him to jump through hoops before he files public records requests and lawsuits against the county, urging a Michigan judge to preserve his right to sue.
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September 03, 2024
Atty's Use Of AI Didn't Taint Rapper's Trial, Judge Says
A D.C. federal judge has rejected a host of arguments by Fugees rapper Prakazrel "Pras" Michel seeking a new trial on charges of assisting a Malaysian billionaire in illegally diverting funds, including claims that he was prejudiced by his former attorney's use of generative artificial intelligence to craft his closing argument.
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September 03, 2024
DA Says Trump's Bid To Move Hush Money Case Can Wait
Manhattan prosecutors said Donald Trump's latest attempt to move his hush money case into federal court shouldn't delay a pending decision on his presidential immunity motion, calling his concerns about timing "a function of his own strategic and dilatory tactics."
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September 01, 2024
Jackson Sees No 'Reason' To Not Enforce High Court Ethics
U.S. Supreme Court Justice Ketanji Brown Jackson said Sunday that she's seen no "persuasive reason" why members of the nation's highest court shouldn't be held to an enforceable code of conduct, becoming the second justice to publicly endorse proposed ethics reform following a year of heightened public scrutiny.
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August 30, 2024
Pa. County's Voting Machine Inspections Cost It $1M In Fees
A Pennsylvania county whose commissioners violated a court order by allowing outside inspectors to access its voting machines should pay Dominion Voting Systems and the Pennsylvania Secretary of the Commonwealth more than $1 million in legal fees as part of the state supreme court's sanctions, an appellate judge recommended Friday.
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August 30, 2024
Flint Water Firm Wants To Keep PR 'Sideshow' Out Of Trial
One of the last remaining defendants in Flint water crisis litigation urged a Michigan federal judge to exclude from an upcoming bellwether trial evidence about its public relations efforts, which included an alleged smear campaign against the lawyer for Flint children that led to another attorney getting referred to the California bar.
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August 30, 2024
Wheeling & Appealing: The Latest Must-Know Appellate Action
Appeals courts have awakened from summertime slumber and crammed their early autumn calendars with arguments of national significance, which Law360 previews in this edition of Wheeling & Appealing. We're also recapping August's top appellate decisions, exploring new polling about U.S. Supreme Court opinions and testing your knowledge of Fifth Circuit history.
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August 30, 2024
Colo. Immigration Atty Disbarred After Hiding Her Suspension
A Colorado immigration attorney was disbarred after she filed several documents with immigration authorities while suspended — claiming she was licensed in Nebraska — and appeared before an immigration judge without disclosing her suspension, according to a stipulation to discipline filed Thursday.
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August 30, 2024
Danish Gov't Pledges No Ponzi Analogies At $2.1B Tax Trial
The Danish tax authority won't compare pension funds, investors and attorneys it has accused of defrauding Denmark in a $2.1 billion tax refund scheme to a Ponzi scheme or infamous perpetrator Bernie Madoff, it said Friday in New York federal court.
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August 30, 2024
Giuliani Pretends To Live In Fla. To Shield Condo, Suit Says
The Georgia election workers who secured a $148 million judgment against former New York Mayor Rudy Giuliani in D.C. federal court hit him with a new lawsuit Friday, saying he is "pretending" to live in Florida in "a brazen attempt to shield his luxury Palm Beach condo" from them.
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August 30, 2024
Conn. Chief Justice Pick Has Already Shaped The Courts
When Connecticut Gov. Ned Lamont announced that he had selected state Supreme Court Justice Raheem L. Mullins, 46, to serve as chief justice, he highlighted Justice Mullins' seven years of service on the state high court and noted that his nominee has written about 70 majority opinions.
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August 30, 2024
More Bias Claims Lobbed At Philly Legal Org, This Time Racial
A Black former public defender has sued the Defender Association of Philadelphia for racial bias, claiming the organization fired her based on her race and that it treats Black employees differently than White ones.
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August 30, 2024
Marketing Company Fights Texas Firm's Deception Claims
An Oklahoma City legal marketing company has acknowledged in a court filing that it uses trademarks associated with a Texas lawyer in its online keyword advertising, but it said the practice is lawful and that the Texas lawyer waited too long to complain and hasn't shown actual harm from it.
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August 30, 2024
Another Biz Owner Called To Appear In Judge's Patent Probe
U.S. District Judge Colm F. Connolly has ordered the owner of another business affiliated with patent litigation funding outfit IP Edge and its affiliate Mavexar to appear before him amid his probe into possible fraud he says may have been perpetrated on the Delaware federal court in certain infringement cases.
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August 30, 2024
Va. US Atty To Resign As Wife Assumes Judgeship
U.S. Attorney Chris Kavanaugh of the Western District of Virginia has announced that he will step down from his role at the end of the year as his wife, Jasmine Hyejung Yoon, was confirmed to a federal judgeship in that district.
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August 30, 2024
Trump's Bid To Move Hush Money Case Could Backfire
Donald Trump's renewed bid to persuade a federal court to intervene in the Manhattan district attorney's hush money prosecution faces slim odds and could ultimately be deemed a frivolous filing that exposes his attorneys to potential sanctions, experts told Law360.
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August 30, 2024
Ex-DOJ Atty Clark Says New Trump Indictment Bolsters Case
Special counsel Jack Smith's superseding indictment of former President Donald Trump over his attempts to overturn the 2020 election sets a new precedent that should end ethics charges leveled against Trump administration Department of Justice attorney Jeffrey Clark, according to Clark's latest arguments.
Expert Analysis
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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The Ethics of Using Generative AI In Environmental Law
The rapid emergence of generative artificial intelligence tools is challenging environmental lawyers, consultants and government agencies to determine when and how these tools can be responsibly, ethically and productively integrated into their practices to streamline research, predictive analytics and regulatory compliance, say Ahlia Bethea and Pamela Esterman at Sive Paget.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Crypto Gatekeepers May Be The Next Front Of Enforcement
Lawyers and other professionals who advise cryptocurrency companies should beware regulators' increasing focus on gatekeeper accountability, and should take several measures to fulfill their ethical and legal obligations, including implementing a robust vetting mechanism when representing crypto clients, say Temidayo Aganga-Williams and Xinchen Li at Selendy Gay.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.