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Legal Ethics
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August 13, 2024
Va. Atty Held In Contempt, Jailed Overnight Loses Appeal
A Virginia appeals court on Tuesday tossed a false imprisonment suit accusing a sheriff of wrongly detaining a divorce attorney after she was held in civil contempt for arguing with a judge and jailed overnight, saying the sheriff acted under the auspices of the judge's legal authority.
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August 13, 2024
Girardi's Ex-Accountant Testifies He Wasn't Always 'All There'
A former in-house accountant for Tom Girardi's law firm broke down in tears on the witness stand under cross-examination in Girardi's California federal criminal trial Tuesday, first saying he always seemed "lucid" before describing him in the month before Girardi Keese filed for bankruptcy as slipping mentally.
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August 13, 2024
Former In-House Atty Says Healthcare Co. Can't Duck Suit
A onetime assistant general counsel for Panoramic Health told a Colorado federal judge on Tuesday that her former employer could not escape the wrongful-termination suit she filed in May, arguing that a bid to dismiss the case must fail because she had plausibly alleged that her firing was a result of having reported compliance issues.
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August 13, 2024
'Delusional' Ex-Atty Gets 25 Years For Bank Embezzlement
An Illinois federal judge blasted a former attorney and real estate developer Tuesday as she handed him 25 years in prison for misappropriating a bank's embezzled money, saying he was "delusional" to assert he's a victim in the case.
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August 13, 2024
Ga. Justices To Weigh Arbitrator's Closed-Door Discussions
The Georgia Supreme Court on Tuesday agreed to weigh if an arbitrator's ex parte communications with BioTek Services LLC in an allergy testing payment dispute warranted vacating BioTek's $1.7 million arbitration award over compensation for its testing of patients from Docs of CT LLC.
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August 13, 2024
Tax Court Design Violates US Law, Widow Tells 11th Circ.
The widow of a grocery store butcher fighting a tax liability upheld by the U.S. Tax Court has told the Eleventh Circuit that the decision should be sent back for reconsideration, arguing that a provision restricting the president's power to remove Tax Court judges is unconstitutional.
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August 13, 2024
Ex-Prosecutors Back Willis In Trump's Appeal Of DQ Ruling
Former federal prosecutors and others have thrown their support behind the State of Georgia, arguing that a trial court was right to let Fulton County District Attorney Fani T. Willis continue prosecuting former President Donald Trump and others after a former outside counsel with whom she had a relationship resigned.
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August 13, 2024
Jackson Walker Slams 'Draconian' Judge Romance Fees Bid
Jackson Walker LLP is pushing back on a U.S. Trustee Office's attempt to roll back at least $13 million in fees and reimbursements awards, saying the firm is just the latest bystander to become "collateral damage" from a concealed romance between an ex-firm partner and a former federal bankruptcy judge.
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August 13, 2024
Contractor Can't DQ Maynard Nexsen From Bias Case
An Alabama federal judge won't disqualify Maynard Nexsen PC from representing a former Parsons Corp. engineer in his discrimination suit against the company for allegedly representing both parties at the same time, saying Parsons' disqualification motion was "unmeritorious."
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August 13, 2024
Kaufman Dolowich Slams Ex-Associate's Bias Claims
A former Kaufman Dolowich & Voluck LLP associate's claim that the firm's Philadelphia office terminated him after he asked for accommodations for his hearing impairment is contradicted by a separate lawsuit in which he blames a legal recruiter for costing him his job, according to a recent filing by the firm.
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August 13, 2024
Colo. Atty Says Prior Firm Took Clients, Retained Funds
A lawyer has sued a small law office in Colorado state court, alleging it asked his clients to switch counsel right before the attorney was set to leave the firm and that the law office is trying to get around a provision of his employment agreement that said he could take the clients, as well as their retainer, upon his departure.
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August 13, 2024
'Clever' Scheme Is Concealing Talc Litigation Funding, J&J Says
The Beasley Allen Law Firm needs to disclose alleged litigation funding fueling its litigation over Johnson & Johnson's talcum powder even if that funding was not given directly to the firm since the disclosure rules apply to "parties" and not "law firms," J&J has told a New Jersey federal court.
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August 13, 2024
Federal Judge Can't Shake Discipline For Handcuffing Girl
A review panel on Tuesday agreed with a unanimous Ninth Circuit Judicial Council finding that a federal judge in California engaged in misconduct when he ordered that a tearful 13-year-old girl be handcuffed during a criminal hearing for her father, upholding a public reprimand and three-year pause on criminal case assignments for the jurist.
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August 13, 2024
Ex-McCarter & English Client Wants To Undo Malpractice Loss
A New Jersey pharmaceutical business is urging a New Jersey state court to reconsider its decision to throw out the company's malpractice case against McCarter & English LLP, saying the firm "brazenly" misstated part of the timeline of the case's lengthy history.
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August 13, 2024
Conn. Trial Attys Back McCarter's Bid For Punitive Award
The Connecticut Trial Lawyers Association has asked the state Supreme Court for permission to file a friend-of-court brief supporting McCarter & English LLP's bid for a punitive payout after winning multimillion-dollar judgments in a contract dispute with a former client.
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August 13, 2024
Firms In State Street Case See $400K Slashed From Fee Bid
A Massachusetts federal judge known for scrutinizing attorney fees in class action suits trimmed more than $400,000 from a requested award for two firms who led a $4.3 million settlement with State Street Corp. over its employees' 401(k) plans.
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August 12, 2024
Circle K 'Sandbagged' By Late Docs In Death Suit, Court Told
Circle K told a Florida state court Monday it should have a chance to depose several expert witnesses in a lawsuit stemming from a woman's death at a gas pump, saying attorneys representing family members "sandbagged" the company after providing dozens of new files that were demanded earlier this year.
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August 12, 2024
Ogborn Mihm Says Ex-Clients Won't Pay Fees On $2M Win
Ogborn Mihm LLP accused two former clients Friday of refusing to pay the full $800,000 contingency fee for their $2 million personal injury suit settlement.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
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August 12, 2024
'All Hell Broke Loose,' Wood's Ex-Partner Says Of Social Posts
A former law partner of controversial ex-attorney L. Lin Wood on Monday told a Georgia federal jury that social media posts Wood made accusing her and two other former partners of defamation led to widespread online harassment, damage to her professional reputation and threats.
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August 12, 2024
Judge Won't DQ Asst. US Atty In Standard Chartered FCA Case
A New York federal judge on Monday declined to disqualify an assistant United States attorney from a long-dismissed False Claims Act suit against Standard Chartered Bank, calling the whistleblower's arguments for disqualification meritless "to the point where they verge on vexatious and frivolous."
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August 12, 2024
Young Thug Jury Returns, Told Not To Fret About New Judge
After weeks away from court, jurors weighing racketeering charges against Atlanta rapper Young Thug and his alleged Young Slime Life gang were instructed Monday "not to concern yourselves" with the switch to a new judge and to "disregard" any "disparaging" comments made by the jurist who previously presided over the marathon trial.
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August 12, 2024
Morgan Lewis Escapes DQ Over Dual Rep. In HSBC OT Case
A New York federal judge on Monday refused to disqualify Morgan Lewis & Bockius LLP counsel from representing a former HSBC branch manager and key witness in an overtime class action against the bank, which the attorneys also defend, ruling the supposed conflict of interest is speculative and could be corrected if needed with informed consent.
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August 12, 2024
Convicted Fla. Atty Says Bogus Threat Testimony Tainted Trial
A Florida attorney has urged the Eleventh Circuit to toss her criminal wire fraud conviction and six-year prison sentence, because she said the trial court wrongly let prosecutors "throw a loaded grenade" at her by allowing testimony about an "unsubstantiated and uncorroborated claim" that the attorney threatened a co-defendant.
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August 12, 2024
NJ Bar Aims To Nix Opinion Allowing Atty Keyword Search
The New Jersey State Bar Association is urging the state Supreme Court to overturn an ethics advisory opinion allowing attorneys to purchase other attorneys' names to use as keywords in online searches in order to redirect web traffic to their website.
Expert Analysis
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Wachtell-X Ruling Highlights Trend On Arbitrability Question
A growing body of case law, including a California state court's recent decision in X Corp. v. Wachtell, holds that incorporation of specific arbitral body rules in an arbitration provision may in and of itself constitute clear and unmistakable evidence of delegation of arbitrability to an arbitrator, and thus such clauses should be drafted carefully, say attorneys at Norton Rose.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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On The Edge: Lessons In Patent Litigation Financing
A federal judge's recent request that the U.S. Department of Justice look into IP Edge patent litigation, and that counsel be disciplined, serves as a reminder for parties asserting intellectual property rights — and their attorneys — to exercise caution when structuring a litigation financing agreement, say Samuel Habein and James De Vellis at Foley & Lardner.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Opinion
Stronger Attorney Rules Are Needed To Avoid A Jan. 6 Repeat
Given the key role lawyers played in the events leading up to the Jan. 6, 2021, insurrection, the legal profession must shore up its rules before this year’s presidential election to make clear that lawyers who undermine the rule of law will face severe penalties, including disbarment, says Ray Brescia at Albany Law School.
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4 Legal Ethics Considerations For The New Year
As attorneys and clients reset for a new year, now is a good time to take a step back and review some core ethical issues that attorneys should keep front of mind in 2024, including approaching generative artificial intelligence with caution and care, and avoiding pitfalls in outside counsel guidelines, say attorneys at HWG.
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What The Law Firm Of The Future Will Look Like
As the legal landscape shifts, it’s become increasingly clear that the BigLaw business model must adapt in four key ways to remain viable, from fostering workplace flexibility to embracing technology, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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4 PR Pointers When Your Case Is In The News
Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.
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Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb
A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman.
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Law Firm Strategies For Successfully Navigating 2024 Trends
Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.