Legal Ethics

  • July 15, 2024

    Personal Injury, Med Mal Cases To Watch In 2nd Half Of 2024

    A Pennsylvania case over hospitals' liability for not admitting a mental health patient who ended up killing his girlfriend and a Texas high court case over solicitations by personal injury attorneys are among the cases injury and malpractice attorneys will be following in the second half of 2024.

  • July 15, 2024

    Judge DQ'd From Young Thug's Trial Over Ex Parte Convo

    The judge presiding over the Atlanta racketeering trial of rapper Young Thug has been booted from the case over charges that he held a closed-door meeting with prosecutors and a key witness, accusations that ended with the musician's attorney being placed into handcuffs last month.

  • July 15, 2024

    Girardi Seeks 2-Month Delay For Client Theft Trial, To October

    Disgraced lawyer Tom Girardi's defense attorneys want to push back his closely watched wire fraud trial to October from its current August start date, claiming they've been "misled" by "sharp-elbowed" federal prosecutors who have unexpectedly sought to expand the scope of their case against Girardi in recent weeks.

  • July 15, 2024

    Ex-BigLaw Atty Wants Probation For Campaign Finance Scam

    A former BigLaw attorney asked a Massachusetts federal judge to sentence him to probation instead of prison for his campaign finance violation convictions linked to a failed 2018 congressional run, arguing that the conduct wasn't intended for personal enrichment but rather demonstrated his inexperience in campaigning and fundraising.

  • July 15, 2024

    State Troopers Settle Ford Interceptor Suit After Sanctions

    A group of Washington state troopers have settled claims alleging they were "poisoned" by Ford Motor Co.'s Interceptor vehicles, according to a docket note Monday, less than a week after the troopers' attorney failed to show up for a sanctions hearing on missed discovery deadlines.

  • July 15, 2024

    McElroy Deutsch Fights 'Malicious' Claim In Exec Fraud Case

    McElroy Deutsch Mulvaney & Carpenter LLP and its former business development director, who is accused of stealing millions from the firm partially via fraudulent credit card use, are at odds over whether the firm's ex-employee should be allowed to bring a malicious prosecution counterclaim in New Jersey state court.

  • July 15, 2024

    Mich. Judge Recuses Himself From Ford Engine Fire Suit

    A Michigan federal judge has recused himself, without explanation, from overseeing a proposed class action alleging that Ford Motor Co. concealed a defect in some of its engines that caused fires.

  • July 15, 2024

    11th Circ. Affirms Atty Fee Awards In Nursing Home Ch. 7

    The Eleventh Circuit found Monday a bankruptcy court didn't abuse its discretion when it awarded attorney fees to Shumaker Loop & Kendrick LLP, Fox Rothschild and a firm that merged with Venable for representing the Chapter 7 trustee in a nursing home operator's insolvency.

  • July 15, 2024

    Ex-Client Says Nurick Law Founder Refuted Found Fee Clause

    A former Nurick Law Group LLC client said the court shouldn't reverse its decision to keep his malpractice suit against the firm in the Garden State after the discovery of a crucial document, arguing the firm's founder testified the document is not a valid agreement.

  • July 15, 2024

    Catching Up With Delaware's Chancery Court

    Chancery Court news was full of fees and settlements last week, with three multimillion-dollar deals getting a court OK, and a daylong discussion over a potentially multibillion-dollar fee award for attorneys who got Tesla CEO Elon Musk's astronomical pay package thrown out. The court also banged the gavel in cases involving e-payment venture SwervePay and managed care company Centene Corp., and heard arguments from software company SAP SE and biotech Renmatix Inc.

  • July 15, 2024

    Quinn Emanuel Barred From Repping X In Scraping Case

    Quinn Emanuel Urquhart & Sullivan LLP can no longer represent social media giant X Corp. in the company's lawsuit against Bright Data Ltd., with a California federal judge finding the law firm violated its duty of loyalty to Bright Data after previously representing it in a "substantially related" case.

  • July 15, 2024

    No Sanctions For Milberg In Visa, Mastercard MDL

    A New York federal judge on Friday declined to order sanctions against Milberg Coleman Bryson Phillips Grossman LLC after the firm admitted to mistakenly registering fraudulent clients in long-running multidistrict litigation that accused Visa and Mastercard of charging improper merchant fees.

  • July 15, 2024

    Posner Can't Win Most Severe Sanctions In Ex-Staffer's Suit

    An Indiana federal judge stopped short of granting the most serious sanctions requested by retired Seventh Circuit Judge Richard Posner in his defense of a $170,000 breach of contract suit brought by a pro se litigation "expert," including the dismissal of the case and a "significant monetary" penalty.

  • July 15, 2024

    Dow Chemical Seeks Recusal After Settlement Offer Gaffe

    The Dow Chemical Co. asked an Ohio federal judge to recuse himself from a trade secrets suit brought by a Cleveland technology firm accusing it of misappropriating confidential information to recreate the firm's copyrighted software after the tech company showed the court a settlement offer without Dow Chemical's approval.

  • July 15, 2024

    Trump Classified Docs Case Canned Over Special Counsel Law

    A Florida federal judge on Monday tossed the criminal case against former President Donald Trump over his allegedly illegal retention of classified documents at his Mar-a-Lago estate, ruling that the appointment of a special prosecutor for the case is unconstitutional.

  • July 12, 2024

    Law360 Names 2024's Top Attorneys Under 40

    Law360 is pleased to announce the Rising Stars of 2024, our list of 158 attorneys under 40 whose legal accomplishments belie their age.

  • July 12, 2024

    House GOP Wants Push For Special Counsel Tapes Sped Up

    U.S. House Judiciary Committee Republicans asked a D.C. federal judge on Friday to order U.S. Attorney General Merrick Garland to hand over audiotapes of President Joe Biden's and his ghostwriter's interviews with special counsel Robert Hur in Biden's classified documents investigation, saying "the clock on the 118th Congress [is] ticking."

  • July 12, 2024

    Mississippi Judge Benches Favre's NY Atty In Fraud Suit

    A Mississippi judge found Thursday that retired quarterback Brett Favre's New York-based defense attorney in a massive welfare fraud lawsuit routinely violated the state's civil procedure codes and barred him and other non-local counsel from making any more filings.

  • July 12, 2024

    Texas Assistant DA Blew Whistle A Day Late, Panel Finds

    A Texas appeals court tossed a suit filed by a former assistant district attorney who says he was fired for blowing the whistle on alleged kickbacks and other illegal acts by his colleagues, finding in a Friday opinion that the whistleblower filed his complaint one day past the deadline.

  • July 12, 2024

    Whistleblower's Attys Get $5.9M After Losing $11.5M Fee Ask

    A Massachusetts federal judge awarded a whistleblower's counsel $5.9 million in fees plus $651,845 in costs and expenses after slashing their prior "exorbitant" $11.5 million fee request in May in a decade-old False Claims Act lawsuit alleging Fresenius Medical Care billed Medicare for unnecessary hepatitis tests.

  • July 12, 2024

    Cuomo Beats Retaliation Claims In NY Trooper's Suit

    Former New York Gov. Andrew Cuomo defeated retaliation claims in a state trooper's lawsuit alleging she was sexually harassed while serving in Cuomo's security detail, after a federal judge said that no employment relationship existed because Cuomo resigned months before his purported threat to seek prosecution of his alleged victims.

  • July 12, 2024

    Ramey Says 'Any Competent' Atty Wouldn't Seek Sanctions Yet

    Ramey LLP, counsel for mobile payment company AuthWallet LLC, has urged a Texas federal judge to reject a bank's attempt to sanction the company's attorney, saying the request is premature since the case doesn't have a prevailing party yet.

  • July 12, 2024

    Plaintiffs Want Opioid MDL Bellwethers Cut For Lost Emails

    Plaintiffs in the multidistrict litigation arising from the opioid epidemic again asked an Ohio federal court on Friday to sever two of four bellwethers, accusing pharmacy benefit managers of preferring to "foster a sideshow" to further draw out litigation after learning of deficiencies in evidence preservation by some of the cities and counties that initiated cases.

  • July 12, 2024

    VW Lawyers Win Fees From 'Sloppy' Texas Patent Atty

    A federal judge in Houston has said a lawyer behind over 700 patent lawsuits over the past three years is personally liable to pay Finnegan Henderson Farabow Garrett & Dunner LLP's fees over his "sloppy" and "offensive" case against Volkswagen.

  • July 12, 2024

    Guo Trial Juror Booted For Googling Fugitive Co-Defendant

    The jury in Chinese dissident Miles Guo's $1 billion fraud and racketeering case was forced to restart its verdict deliberations on Friday after a juror was cut loose for Google-searching Guo's fugitive financial adviser and co-defendant William Je.

Expert Analysis

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

  • What Panama Canal Award Ruling Means For Int'l Arbitration

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    As the prevalence of international arbitration grows, the Eighth Circuit’s recent decision in Grupo Unidos v. Canal de Panama may change how practitioners decide what remedies to seek and where to raise them if claims are rejected, says Jerry Roth at FedArb.

  • Opinion

    Newman Suspension Shows Need For Judicial Reform

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    The recent suspension of U.S. Circuit Judge Pauline Newman following her alleged refusal to participate in a disability inquiry reveals the need for judicial misconduct reforms to ensure that judges step down when they can no longer serve effectively, says Aliza Shatzman at The Legal Accountability Project.

  • How And Why Your Firm Should Implement Fixed-Fee Billing

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    Amid rising burnout in the legal industry and client efforts to curtail spending, pivoting to a fixed-fee billing model may improve client-attorney relationships and offer lawyers financial, logistical and stress relief — while still maintaining profit margins, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Opinion

    Judicial Independence Needs Defense Amid Political Threats

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    Amid recent and historic challenges to the judiciary from political forces, safeguarding judicial independence and maintaining the integrity of the legal system is increasingly urgent, says Robert Peck at the Center for Constitutional Litigation.

  • How Law Firms Can Use Account-Based Marketing Strategies

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    Amid several evolving legal industry trends, account-based marketing can help law firms uncover additional revenue-generating opportunities with existing clients, with key considerations ranging from data analytics to relationship building, say Jennifer Ramsey at stage LLC and consultant Gina Sponzilli.

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