Legal Ethics

  • August 27, 2024

    Reed Smith Calls Ex-Atty's Bid For Pay Data 'Frivolous'

    Reed Smith LLP has urged a New Jersey state court judge to reject a bid by a former attorney suing the firm for gender discrimination to obtain pay data going back nearly 20 years, arguing there is no legal basis to support expanding the scope of discovery.

  • August 27, 2024

    Connecticut Litigation To Watch In The 2nd Half Of 2024

    The Connecticut state and federal courts will grapple with a number of closely watched cases during the second half of 2024, including three key lawsuits by state Attorney General William Tong.

  • August 27, 2024

    Disbarred Atty Tom Girardi Convicted Of Defrauding Clients

    A California federal jury on Tuesday convicted disbarred attorney Tom Girardi on all four counts of wire fraud, finding that the former titan of the plaintiffs bar misappropriated $15 million of his clients' settlement funds.

  • August 27, 2024

    Gusrae Kaplan Says Suit Over 'Frivolous' Filing Rightly Tossed

    Gusrae Kaplan Nusbaum PLLC is urging the Delaware Supreme Court to affirm the dismissal of an Applied Energetics complaint alleging the firm and a former partner filed a frivolous securities fraud suit in order to hobble other litigation against a former CEO, accusing the laser-weapons maker of making "fanciful" arguments in its appeal.

  • August 26, 2024

    Feds Say Trump Docs Dismissal Contradicts 'Long Tradition'

    Special counsel Jack Smith on Monday lodged the government's opening brief in its Eleventh Circuit appeal of the dismissal of the classified documents case against former President Donald Trump, arguing that the lower court's finding is contrary to "precedent and history" and the "long tradition of special-counsel appointments by the attorney general."

  • August 26, 2024

    Girardi Lied 'Over And Over,' Jury Told As Fraud Trial Wraps

    A federal prosecutor told a California federal jury during closing arguments in Tom Girardi's criminal fraud trial Monday that the now-disbarred attorney lied to his clients "over and over and over again" in order to misappropriate millions of their settlement money as part of a yearslong Ponzi scheme.

  • August 26, 2024

    Tetra Tech Accuses Atty Of Mistreating Witness In FCA Row

    Tetra Tech EC Inc. claimed that an attorney representing a developer accusing it of fraud had mistreated a witness during a deposition hearing, pressing a California federal court to order the release of recordings capturing the alleged misconduct.

  • August 26, 2024

    Firm Wants Award Nixed Over DLA Piper, Arbitrator Ties

    Fortis Advisors is urging a Delaware court to vacate an arbitral award favoring gaming company Stillfront following its 2019 purchase of a Canadian video game company, arguing that an accounting firm hired to adjudicate the dispute and Stillfront's counsel at DLA Piper hid a "web of relationships" between them.

  • August 26, 2024

    Estate Says Circle K Hid Inspector's Name In Death Suit

    The family of a woman who died at a Circle K gas pump asked a Florida judge to sanction the company for allegedly failing to disclose the name of the contractor that inspected the gas station before the statute of limitations for wrongful death claims had run out.

  • August 26, 2024

    Suit Over Ga. Prosecutor Oversight Advances

    A Georgia state judge cleared a legal challenge to the state's new prosecutor disciplinary panel to go forward on Friday, finding there was enough merit in the case brought by a trio of district attorneys to allow it to continue.

  • August 26, 2024

    In Ga., Trump Renews Willis DQ Bid Over 'Insidious' Speech

    Former President Donald Trump on Monday renewed his push to have Fulton County District Attorney Fani Willis booted from his Georgia election interference case, telling the state's Court of Appeals that her "insidious, calculated" remarks about the case during a public speech this year have shown her clear prosecutorial bias.

  • August 26, 2024

    NJ Couple Admit To Preparing False Asylum Applications

    A Garden State couple admitted Monday in New Jersey federal court that they participated in a conspiracy to prepare and submit fraudulent asylum applications, the U.S. attorney announced.

  • August 26, 2024

    Colo. Atty Posed As Judge, Ex-Prosecutor In Blog Comments

    A Colorado attorney and former public defender has been placed on a stayed suspension after he impersonated a Mesa County Court judge and former prosecutor in fabricated comments on a blog.

  • August 26, 2024

    9th Circ. Chief Judge Cleared Of Judicial Misconduct Claims

    The Judicial Council of the Ninth Circuit on Friday cleared its chief judge of judicial misconduct claims alleging she failed to timely investigate a Los Angeles judge's decision to have a lawyer handcuffed and detained during contempt proceedings, finding the allegations were unfounded.

  • August 26, 2024

    DC Judge Says Missouri AG Can't Investigate Media Matters

    A D.C. federal judge has again blocked a Republican attorney general from demanding a slew of records from liberal media watchdog Media Matters, this time halting a probe from Missouri Attorney General Andrew Bailey.

  • August 26, 2024

    Conn. Judge Hints Split Fee Collection Case May Be Too Late

    A Connecticut judge on Monday said he was leaning toward dismissing a case seeking to access an alleged fee split in a $25,000 personal injury case, hinting that the Law Office of Justin C. Freeman LLC likely waited too long to file its lawsuit before dissolving.

  • August 26, 2024

    Substitute Atty Must Get Access To Discovery, NJ Panel Says

    The attorney representing the estate of a murdered New Jersey mobster-turned-informant must be given access to confidential discovery information that was provided to a previous attorney on the case, the state Appellate Division ruled today.

  • August 26, 2024

    Racial Gaps In Mich. Judicial Discipline Process, Audit Finds

    Black judges in Michigan are more likely to be subject to a full misconduct investigation and receive "significantly" more grievances than their white counterparts, according to a preliminary audit from the National Center for State Courts.

  • August 26, 2024

    Cadwalader Fears Unsealing Financial Info May Harm Firm

    Cadwalader Wickersham & Taft LLP has argued in North Carolina Business Court that unsealing financial details related to a November 2022 data breach and its insurance policy with a Lloyd's of London syndicate would put the firm at further risk from competitors and bad actors.

  • August 26, 2024

    Texas Cases To Watch In Last Half Of 2024

    Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury. 

  • August 26, 2024

    Insurer Wants Out Of Pa. Wig Widow's $4.5M Benefit Dispute

    Lincoln National Life Insurance Co. asked a Pennsylvania state court to let it bow out of a dispute between a Pittsburgh wig and healthcare magnate's widow and his family partnership, arguing Monday that the court, not the insurer, had to choose between competing claims for a $4.5 million policy payout.

  • August 26, 2024

    Ex-Branscomb Atty Must Comply With Arbitration Award

    A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.

  • August 26, 2024

    New Jersey Cases Attorneys Are Watching In 2024

    Jersey City is fighting the Garden State's cannabis legalization law and argues it conflicts with federal gun control legislation, while the bankrupt former chief financial officer of McElroy Deutsch Mulvaney & Carpenter LLP is facing civil claims he defrauded the firm and paid himself millions in unauthorized salary.

  • August 23, 2024

    Del. Chief Judge Tells IP Biz Owner To Show Up, Pay $53K

    Delaware's top federal judge Friday ordered a Texas-based patent litigation business owner to appear before him to address what he called a "potential fraud on the court" and "misconduct" by the firm's counsel, adding she'll have to pay $53,000 in accrued sanctions for refusing to show up in-person since last year.

  • August 23, 2024

    Girardi Says High Court Holding Should Gut His Fraud Case

    Tom Girardi has urged a California federal judge to toss the majority of the wire fraud charges he is facing ahead of closing arguments in his trial, saying a 1960 U.S. Supreme Court case demonstrates he was charged for nothing more than receiving legally required wire transfers.

Expert Analysis

  • How Duty Of Candor Figures In USPTO AI Ethics Guidance

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    The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.

  • Series

    Whitewater Kayaking Makes Me A Better Lawyer

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    Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues

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    Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill

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    A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.

  • Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law

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    A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.

  • Opinion

    Requiring Leave To File Amicus Briefs Is A Bad Idea

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    A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.

  • 4 Ways To Motivate Junior Attorneys To Bring Their Best

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    As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

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