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Legal Ethics
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November 04, 2024
NJ Justice Vexed By Judge's Stance On Thigh Touch Claim
New Jersey Chief Justice Stuart Rabner grilled a municipal judge Monday about apparently contradictory positions he took in response to accusations that he inappropriately touched the thigh of a law clerk during an alcohol-fueled day at his home — an action the jurist characterized as a "pat" despite previously appearing to agree that it was a "rub."
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November 04, 2024
Colo. Justices Say Expert Testimony OK Without Formalities
The Colorado Supreme Court held Monday that the formal offer and acceptance of an expert isn't required for that expert's testimony to be admissible, finding in a published opinion that there's no actual state requirement for courts to use such a practice.
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November 04, 2024
Judge Cites Tesla Stock, Friendship In SpaceX Firing Recusal
A California federal judge on Monday recused herself from a hostile work environment and retaliation suit brought by a group of former SpaceX employees, saying she owns Tesla stock and is friends with a SpaceX human resource executive's mother-in-law.
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November 04, 2024
Justices Remand Atty Privilege Case After Judge Admits Gaffe
The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.
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November 04, 2024
Tesla Fights Sanctions Bid Over Atty's Mediation Appearance
Tesla Inc. has pushed back against a widow's sanctions bid over allegations a company in-house attorney appeared at a mediation in her wrongful death case despite lacking settlement authority, saying her attorneys improperly disclosed the contents of confidential mediation communications.
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November 04, 2024
Suspended Fla. Atty Seeks Leniency Over Missing Precedent
A suspended Florida attorney has urged the Florida Supreme Court to reduce the punishment it doled out last month, including a one-year suspension of his law license, arguing that the state Supreme Court's decision "cites no precedent," so it should use its discretion to hand out lesser sanctions.
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November 04, 2024
Atty Moves To Oust DA Who Cleared Cops In Brother's Death
A Littler Mendelson PC shareholder's effort to remove the Massachusetts district attorney who absolved officers in the 2021 fatal shooting of his brother left justices on the state's highest court grappling with the reach of a seldom-used state statute allowing them to oust government officials for "the public good."
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November 04, 2024
Mortgage Co. Accused Of 'Bad Faith' In Settlement With Atty
A former staff attorney with a mortgage company has accused the business of "bad faith" for purportedly trying to renegotiate the terms of a settlement to resolve her Texas state lawsuit alleging she was fired after she witnessed inappropriate sexual behavior by a deputy general counsel.
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November 04, 2024
Ford Gets New Trial In $1.7B Rollover Case In Georgia
The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
Georgia Bar Forms 23-Person AI Special Committee
The State Bar of Georgia has announced the formation of a special committee that will explore and make recommendations on how the state's professional conduct rules cover developments in legal technology, particularly tools involving artificial intelligence.
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November 01, 2024
Manufacturer Says Atty Turned Tiff Into 'Slow Motion Disaster'
A Colorado electronics manufacturer says a law firm turned a minor dispute into a "slow motion disaster," resulting in a $1 million bill that threatens to sink the business, filing a malpractice suit one day before seeking bankruptcy protections.
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November 01, 2024
Atty Suing Ex-Partner Asks Judges For 'Fairly Nominal' Bond
An attorney suing his ex-CEO over the breakup of their law firm has asked a Connecticut Superior Court judge to clear up two orders from different jurists by explaining how much bond he'll be required to post, saying a "fairly nominal" bond would ensure he keeps the case on track.
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November 01, 2024
Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.
Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.
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November 01, 2024
Judge Skeptical Of NYC Mayor's Bid To Dismiss Bribery Count
A Manhattan federal judge on Friday voiced skepticism of New York City Mayor Eric Adams' motion to dismiss his bribery charge, and set an April trial date in a case accusing the mayor of taking travel perks from Turkish officials in exchange for official favors.
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November 01, 2024
GRSM50 Won't Be Disqualified In Detroit Hotel Firing Suit
A Michigan federal judge has refused to disqualify Gordon Rees Scully Mansukhani LLP from representing an upscale Detroit hotel in a retaliation suit filed by three fired employees, but flagged the firm for being "negligent" in its handling of discovery in the case.
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November 01, 2024
What Happens To Ga. Election Case If Trump Wins?
The fate of the Georgia election interference case against former President Donald Trump is on the ballot this November, according to legal experts, who told Law360 that a Trump victory would likely mean any trial would have to wait until he completes his term in office.
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November 01, 2024
Ex-Mohawk IT Exec Cops To $1.8M Ripoff Of Flooring Co.
Days before he was set to face trial, flooring giant Mohawk's former head of information technology pled guilty Friday to eight wire fraud and conspiracy charges for running a third-party vendor scheme that ripped off his employer to the tune of $1.8 million.
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November 01, 2024
Judge In Philly Inquirer Data Sharing Case Won't Join Class
The Pennsylvania federal judge overseeing a consolidated action accusing the Philadelphia Inquirer of sharing subscribers' video viewing habits with Meta is eligible to join the class, but has decided to renounce his right to class membership in order to continue being the judge.
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November 01, 2024
How 2024 Election Litigation May Look Different From 2020
Courts are fielding a flood of lawsuits over the 2024 presidential election, with more certainly to come, but those suits may have some significant differences from the ones that played out in 2020, according to experts.
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November 01, 2024
Jackson Walker Rips Trustee's Judge Romance Fee Clawback
The U.S. Trustee's Office is exceeding its authority as a "watchdog" in seeking to claw back money paid to Jackson Walker LLP in bankruptcy cases because the judge presiding over those cases was having a secret relationship with a firm partner, the firm told a Texas federal bankruptcy court.
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November 01, 2024
Dentons, Boies Schiller Want Out Of 'Absurd' $300M RICO Suit
Dentons and Boies Schiller Flexner LLP have asked a Manhattan federal court to toss a $300 million racketeering lawsuit brought against them by a former client and his companies following what they called a botched power plant contract in Senegal, with Dentons further requesting Rule 11 sanctions against the plaintiffs and their counsel for bringing "frivolous" claims.
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November 01, 2024
Danish Tax Agency To Settle With Atty In $2.1B Tax Fraud Suit
Denmark's tax authority has agreed to settle with an attorney whom it has accused of helping clients claim fraudulent tax refunds in a sprawling $2.1 billion case, according to a letter by its attorney in New York federal court.
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November 01, 2024
Conn. Judge Hacks Up Ex-Town Atty's Defamation Suit
A Connecticut state court judge has dismissed all claims against the town of Newington and most claims against its tax assessor from a wide-ranging lawsuit brought by a group of former officials, including the former town attorney, who alleged that they were disparaged in a series of "false" ethics complaints and public comments.
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October 31, 2024
Judge 'Duped' By BigLaw Attys Urged To Preserve Sanctions
Guardant Health urged a California federal judge Thursday to reject a request from Natera's Quinn Emanuel Urquhart & Sullivan LLP attorneys to lessen sanctions barring clinical trial evidence in Guardant's false advertising case, noting the court said it had been "duped" by false and misleading statements from Natera's expert and counsel.
Expert Analysis
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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.
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The Most-Read Legal Industry Law360 Guest Articles Of 2023
A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.
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Attorneys' Busiest Times Can Be Business Opportunities
Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.
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In The World Of Legal Ethics, 10 Trends To Note From 2023
Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.
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Opinion
Animal Rights Are About Saving Nature, And Our Own Future
The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.
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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.