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Legal Ethics
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July 08, 2024
Ex-OneTaste Staffer Says Atty Forced Her To Play The Victim
A former employee of sexual wellness company OneTaste is suing her former lawyer, saying he conspired with the FBI to present her as a victim of a forced labor conspiracy while she maintains she was not.
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July 08, 2024
Fla. Judge Who Cursed From Bench Faces 60-Day Suspension
An ethics panel on Monday again recommended a 60-day suspension for a judge's intemperate conduct on the bench that included cursing out a member of the gallery in his courtroom, despite the Florida Supreme Court's previous determination that the sanction was inadequate.
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July 08, 2024
House Hearing Postponed For Trump's NY Prosecutors
The House Judiciary Committee's hearing with Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo on former President Donald Trump's conviction on 34 felony counts has been postponed.
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July 08, 2024
1st Circ. Nominee Cut Teeth As 'Victim-Centered' Prosecutor
Maine Superior Court Justice and First Circuit nominee Julia Lipez spent most of her legal career prosecuting federal human trafficking cases, an experience former colleagues say demonstrates her sense of fairness and a sharp focus on the well-being of victims.
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July 08, 2024
The Biggest Patent Rulings Of 2024: A Midyear Report
The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.
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July 08, 2024
Biden Says Reelection Crucial To Supreme Court Reform
President Joe Biden told congressional Democrats his reelection is crucial to bringing about "real" reforms to the U.S. Supreme Court in a letter Monday rejecting calls for him to back out of the presidential race.
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July 05, 2024
Feds Slam Girardi's 'Last Ditch Effort' To Block Evidence
Prosecutors urged a California federal judge Friday to reject Tom Girardi's bid to suppress evidence collected without a search warrant from his law firm's bankruptcy trustee, arguing that the trustee had control of the firm's books and records and had the power to voluntarily produce the documents for the disgraced attorney's wire fraud case.
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July 05, 2024
Conn. Firm Sued For Repping Both Parties In Business Sale
A Connecticut law firm has been hit with a malpractice suit saying an attorney improperly represented both parties in the sale of an interest in a restaurant business and ultimately drafted an agreement that misstated the deal in favor of the seller, leading to a $750,000 claim against the buyer.
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July 05, 2024
Armstrong Teasdale Resisted Diversity, Ex-DEI VP Says
Armstrong Teasdale LLP's former vice president of diversity, equity and inclusion claims the law firm hired her to help it cultivate a more diverse workplace, but then blocked her attempts to make recommendations and improvements before wrongly firing her, according to a lawsuit recently filed in Missouri state court.
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July 05, 2024
Fired Atty Only Gets $9K From $1.5M Motorcycle Crash Deal
A Connecticut appeals court ruled Friday that $9,000 was a fair payment to a personal injury attorney who was fired after he quickly obtained a $100,000 settlement offer for a motorcyclist who eventually settled for $1.5 million.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Judge Should Have Been Disqualified From Case, Panel Said
A Washington appeals court panel said a trial judge should have been disqualified over bias concerns raised by metro Seattle's bus agency in a worker discrimination case, according to an opinion that said the judge's order allowing an amended complaint was not a discretionary ruling in the case that would have forbid disqualification.
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July 05, 2024
Fla. Law Firm Settles Student Debtors' Suit After Mistrial
Weeks after a mistrial upended proceedings in a contentious case in which seven student debtors accused a Boca Raton, Florida, law firm of fraudulently claiming it could eliminate their private loan debt for a fee, the debtors have voluntarily and permanently dropped the claims following a settlement negotiation.
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July 05, 2024
Trump Urges Halt To Mar-A-Lago Case, Citing Immunity Ruling
Former President Donald Trump urged a Florida federal judge Friday to pause the criminal case that accuses him of illegally retaining classified documents at his Mar-a-Lago residence after leaving the White House, citing a recent U.S. Supreme Court ruling that said he might be immune to charges related to official acts.
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July 05, 2024
DQ'd Atty Denied Bid To Have Netflix Atty Held In Contempt
A California federal judge rejected a bid by a former Whitestone Law attorney to hold an attorney representing Netflix in a patent infringement case in contempt over harassment allegations, determining that the unwanted contact does not violate the order disqualifying his ex-firm.
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July 05, 2024
Rutgers Faces Contempt Bid Over Discipline In Bias Suit
A Rutgers Law School student is asking a New Jersey state court to sanction the university for moving ahead with disciplinary measures against him for defamation, bullying, intimidation and harassment, arguing it violates a protective order he received in his discrimination lawsuit.
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July 05, 2024
Mich. Atty Ethics Board Moves Trump Allies' Cases Forward
The Michigan Attorney Discipline Board has refused to dismiss misconduct claims against six attorneys for challenging the results of the 2020 election in the Great Lakes State and ordered their disciplinary proceedings to move forward.
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July 05, 2024
Ga. Elections Office Wants Out Of Appeals Seat Challenge
An elections office in Fulton County, Georgia's elections department asked a judge this week to be let out of a lawsuit alleging that the winner of a recent state appeals court election lied about his residency and is ineligible for the office, arguing that the suit "fails to make even a single allegation of misconduct, fraud or irregularity."
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July 05, 2024
Ex-BigLaw Atty Settles Defamation Suit Against Influencer
Former Greenberg Traurig LLP partner Allan A. Kassenoff has settled his $150 million defamation lawsuit against the social media influencer Kassenoff claims ruined his life by lying about his nightmarish divorce.
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July 05, 2024
Denver Firm Accused Of Botching Business Dispute
The Denver law firm of Fairfield and Woods PC and one of its attorneys has been accused in Colorado state court of malpractice that caused their client more than a million dollars in damages in connection with a business dispute involving the client's brother.
Expert Analysis
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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How Cognizant Bribery Case Could Shape DOJ Investigations
A case playing out in New Jersey federal court – U.S. v. Coburn, involving bribery charges against former Cognizant executives – will examine when a company’s cooperation becomes an outsourced investigation by the U.S. Department of Justice, and could potentially limit the government’s use of certain evidence, says Sara Kropf at Kropf Moseley.
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SEC May Be Regulating By Enforcement With Atty Actions
The U.S. Securities and Exchange Commission's recent high-profile actions against Covington and Frost & Miller show the agency is taking "regulation by enforcement" to a new arena — attorney misconduct — despite having a never-used rule on the books at its disposal, say attorneys at Tarter Krinsky.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Ethics Lessons From Outside Counsel Plotline In 'Succession'
A Season 3 storyline from “Succession,” featuring an outside counsel's ham-handed missteps, provides ethics lessons for white collar defense lawyers, especially in light of the U.S. Department of Justice’s recent corporate enforcement policy shifts, says Megan McDermott at the University of Wisconsin.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Use Caution In Cases Involving Illegal Images Of Minors
In cases where underage victims of sexual assault and abuse have been coerced into sharing nude or sexual images, attorneys representing abuse survivors must understand the strict protocols that regulate the handling of such illegal images, while taking care to protect essential evidence, says Michelle Simpson Tuegel at Simpson Tuegel.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Calif. Ruling Adds Employer Considerations On Email Policies
Following a California appellate court's recent decision disqualifying an attorney in Militello v. VFarm 1509, companies should take steps to explicitly inform employees of email monitoring, as it could affect the admissibility of email evidence if a dispute arises, say Shawn Ogle and David Sarfati at Atkinson Andelson.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.