Legal Ethics

  • July 24, 2024

    NJ Atty Suspended For Using Client Funds From RICO Cases

    The New Jersey Supreme Court this week issued a three-year suspension against an attorney accused of misusing client funds from a racketeering case to buy a new computer system and pay his wife for paralegal services.

  • July 24, 2024

    McCarter & English Beats Biotech Malpractice Suit In NJ

    McCarter & English LLP defeated a New Jersey biotechnology company's legal malpractice suit this week, following a New Jersey state judge's finding that the malpractice claims should have been brought in an earlier round of litigation over unpaid legal fees.

  • July 24, 2024

    Newman Facing 2nd Suspension For 'Continuing Misconduct'

    A panel of Federal Circuit judges on Wednesday recommended U.S. Circuit Judge Pauline Newman remain suspended for another year based on her ongoing refusal to cooperate with an investigation into her health, or even acknowledge the court's concerns.

  • July 24, 2024

    Pa. Judge Won't 'Chase' Deadline-Flouting ADA Case Attys

    A Pennsylvania federal judge on Wednesday told attorneys in an Americans with Disabilities Act case against Tommy Bahama that he wasn't going to "chase" lawyers flouting scheduling orders, warning that the consequences might hurt more than just complying with the plan.

  • July 24, 2024

    Firm Says Water District Advice Was 'Black And White' Good

    A Houston law firm told a state judge Wednesday that its recommendation that a local water district turn down a more than $1 million deal to get rid of hundreds of acres within its boundaries was "black and white" good advice as it fought off a malpractice suit the district lodged against the firm.

  • July 24, 2024

    Parts Of Klehr Harrison Bills Not Privileged, Pa. Panel Finds

    Pennsylvania journalists can view the subject lines of invoice requests sent to the Pennsylvania Office of General Counsel by outside law firms, including Klehr Harrison, with a state appeals court panel determining the information falls under the state's Right-to-Know Law and is not privileged, nor is it protected by a court order.

  • July 24, 2024

    Jenner & Block Wants Out Of COVID Vax Refusal Firing Suit

    Jenner & Block LLP has asked an Illinois federal judge to toss a former employee's claims that she was fired after being denied a religious exemption from the firm's COVID-19 vaccine mandate, saying she didn't do enough to spell out her religious beliefs or how they conflict with the vaccine.

  • July 23, 2024

    Cooperator In Cannabis Bank Fraud Case Dodges Prison

    A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.

  • July 23, 2024

    Schiff's Bill Would Expand FOIA Provisions To Federal Courts

    Rep. Adam Schiff, D-Calif., introduced legislation Tuesday that would extend the rights provided by the federal Freedom of Information Act to the work of the judicial branch.

  • July 23, 2024

    X's Tesla Ties Could Require Judge's Recusal, Watchdog Says

    Elon Musk's X Corp. wants to avoid disclosing its financial links with Tesla in the social media company's defamation lawsuit against Media Matters for America because the Texas federal judge overseeing the case likely holds Tesla stock and would need to recuse himself, the progressive media watchdog said.

  • July 23, 2024

    Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma

    The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.

  • July 23, 2024

    FTC Attys On Kroger Case Get Extensions After IT Outage

    The administrative law judge overseeing the Federal Trade Commission's in-house challenge to Kroger and Albertsons' $25 billion merger has given the agency and the grocery behemoths two extra days on a couple of filing deadlines after the FTC said the worldwide Microsoft outage left several counsel laptops unusable.

  • July 23, 2024

    Mother Urges Sanctions On Nonprofit Over Unpaid $13.4M Win

    An 81-year old mother who won a $13.4 million judgment after her son died in a group home run by the Connecticut Institute for the Blind asked a state court judge Tuesday to order swift sanctions against the nonprofit for allegedly dodging depositions and stalling attempts to collect the award.

  • July 23, 2024

    Litigation Funder Says Apple Doc Request Is 'Mere Suspicion'

    Apple Inc. is trying to make an "end run" around a California trial court by demanding that Omni Bridgeway LLC turn over documents explaining its financial interest in patent litigation against Apple based on "mere suspicion," the litigation funder has told a Delaware federal judge.

  • July 23, 2024

    Malpractice Insurer Escapes Conn. Firm's Suit For Coverage

    A Connecticut law firm and its principal will not have their legal bills reimbursed by their malpractice insurer after a state judge granted an early win to the insurance company, noting the firm admitted it was already facing a misconduct claim when its policy went into effect.

  • July 23, 2024

    Atty Argues Fla. Ethics Charges Are 1st Amendment Attacks

    A Georgia-based attorney is fighting accusations from the Florida Bar that he disparaged an opponent running for 20th Judicial Circuit state attorney in 2018, arguing that the bar's bid to suspend his Florida law license is a violation of his First Amendment rights because it would punish him for protected speech.

  • July 23, 2024

    No Victims, No Fraud, Trump Says In $465M Judgment Appeal

    Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.

  • July 23, 2024

    NY Judge OKs Public Disclosure In Atty Misconduct Cases

    A New York federal judge ruled Monday that the First Amendment does allow those who filed grievances against attorneys to access disciplinary hearings before the Appellate Division's Second Judicial Department, records related to those hearings and some of the grievance committee's final dispositions.

  • July 24, 2024

    UPDATED: NJ Firm Malpractice Dismissal Order Filed In Error

    A New Jersey state court has deleted an order dismissing a malpractice suit against Nurick Law Group LLC, saying Tuesday it was "uploaded in error."

  • July 23, 2024

    Ga. Judge Slams Ethics Charges As Demands For 'Perfection'

    A Georgia state judge has denied violating ethical rules, arguing that her call to a personal friend about a pending child custody case — and other actions — shouldn't amount to public sanctions and said the judicial ethics watchdog's charges violate the state's constitution.

  • July 23, 2024

    Schnader Harrison Must Face Ex-Firm Atty's Class Action

    The former equity partners of defunct law firm Schnader Harrison Segal & Lewis LLP must face a proposed class action accusing them of improperly spending employee money intended for the firm's retirement plan, after a Pennsylvania federal judge shot down their motion to dismiss.

  • July 23, 2024

    Brennan Center Gets $30M For High Court Reform Unit

    The Brennan Center for Justice at the New York University School of Law announced Tuesday that philanthropist and businessman Jim Kohlberg has committed $30 million for the establishment of a new unit focused on U.S. Supreme Court reform.

  • July 23, 2024

    Chamber Rips Multibillion-Dollar Atty Fee Bid In Musk Pay Suit

    The nation's largest business organization has urged Delaware's Court of Chancery to adopt sweeping curbs to jumbo plaintiff attorney fee awards, declaring a multibillion-dollar fee bid following the cancellation of Tesla CEO Elon Musk's stock-based pay plan "shocks the conscience."

  • July 23, 2024

    Firm Says Rival's Trademark Merely 'Common Spanish Phrase'

    A Houston-based immigration law firm wants claims trimmed in a suit brought by a rival Washington state firm claiming unfair competition and trademark violation, also filing a counterclaim for declaratory judgment that calls the supposed trademark a "common Spanish phrase."

  • July 23, 2024

    11th Circ. Should Uphold Tax Court Protection, IRS Says

    The Eleventh Circuit should uphold a U.S. Tax Court ruling that denied a widow tax relief and also rejected her claim that Tax Court judges have unconstitutional job protection, the Internal Revenue Service told the circuit court.

Expert Analysis

  • 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.

  • Strategic Succession Planning At Law Firms Is Crucial

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    Senior partners' reluctance to retire, the rise of the nonequity partner tier and generational differences in expectations are all contributing to an increasing number of departures from BigLaw, making it imperative for firms to encourage retirement among senior ranks and provide clearer leadership pathways to junior attorneys, says Laura Leopard at Leopard Solutions.

  • Maximizing Law Firm Profitability In Uncertain Times

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    As threats of an economic downturn loom, firms can boost profits by embracing the power of bottom-line management and creating an ecosystem where strategic financial oversight and robust timekeeping practices meet evolved client relations, says Shireen Hilal at Maior Strategic Consulting.

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

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