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Legal Ethics
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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.
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June 28, 2024
Quinn Slammed By Columbia For Its 'Continuing Audacity'
Columbia University shot back Friday against arguments from Quinn Emanuel Urquhart & Sullivan LLP that Federal Circuit judges should disregard arguments made by the firm's former client, who says the firm lied to a federal court in Virginia to avoid damaging testimony in a $600 million patent case.
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June 28, 2024
Split SCOTX Revives Judge's Same-Sex Wedding Challenge
A split Texas Supreme Court revived a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, with the majority finding the judge's claims are not barred because she did not go through the administrative process.
Expert Analysis
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The Ethics Of Accepting Advanced Legal Fees In Crypto
State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.
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How Attorneys Can Be More Efficient This Holiday Season
Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.
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5 Gifts That May Run Afoul Of Government Ethics Rules
As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.
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3 Defense Takeaways From The Bankman-Fried Trial
FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.
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Series
Children's Book Writing Makes Me A Better Lawyer
Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.
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How Clients May Use AI To Monitor Attorneys
Excerpt from Practical Guidance
Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.