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Legal Ethics
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July 22, 2024
Judge Limits Girardi Clients' Injury Details In Upcoming Trial
Jurors in former celebrity lawyer Tom Girardi's upcoming fraud trial will be spared detailed testimony about the severe injuries that drove his alleged victims to hire his law firm, a Los Angeles federal judge has ruled, saying the former clients' injuries are a key part of their stories, but graphic details are not necessary.
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July 22, 2024
Ex-NJ Judge Wants Chief Justice Deposed In Pension Suit
A former Bergen County Superior Court judge told a New Jersey state court that she must be allowed to depose Chief Justice Stuart Rabner of the New Jersey Supreme Court because he has information about the state's decision to deny her disability benefits application that no one else has.
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July 22, 2024
Morgan & Morgan Unit Faces Malpractice Class Claims
Personal injury giant Morgan & Morgan PA's Jacksonville, Florida, unit allegedly misled a Georgia deputy sheriff in his back injury case, costing him potentially hundreds of thousands of dollars, according to a proposed class action the firm has removed to federal court.
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July 22, 2024
Ex-Fed. Judge's Misconduct Prompts New Criminal Trial Bid
Alleged misconduct by former Alaska federal Judge Joshua Kindred and a prosecutor he had a relationship with should undo a defendant's recent cyberstalking conviction in the judge's court, that defendant has said.
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July 22, 2024
After Kindred Case, Questions Linger About Clerk Safeguards
When Alaska federal Judge Joshua Kindred resigned, it was the culmination of an 18-month inquiry into a hostile and inappropriate work environment he'd fostered in chambers. During that investigation, it seems he continued to supervise law clerks. Experts say that may signal a gap in protections for clerks.
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July 19, 2024
Utility, Attys 'Colluded' On $178M Ore. Wildfire Deal, Court Told
Berkshire Hathaway-owned utility PacifiCorp is facing allegations from plaintiffs firms that it "colluded" with a trio of other law firms to reach a "paltry" $178 million settlement with survivors of deadly Oregon wildfires allegedly sparked by the utility's equipment, according to a filing in Oregon state court.
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July 19, 2024
Bankruptcy Judge's Affair Sank Barge Company, Ex-CEO Says
The former CEO of a now-defunct barge company claims that a Houston bankruptcy judge's affair with a Jackson Walker attorney helped destroy his business, saying that Jackson Walker shouldn't escape racketeering claims because it hid its part in the lucrative relationship.
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July 19, 2024
'Texit' Atty Sues State Rep., Judge Over Defamation Fees
A civil rights attorney who has represented the group behind the "Texit" movement filed a lawsuit against a state representative and court officials in a North Texas county, accusing the group of colluding to run up attorney fees against him in a defamation case connected to the pro-Texas-secession group.
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July 19, 2024
Tweeting Holdout Ga. Juror's Removal Demands New Trial
The Georgia Court of Appeals on Thursday ordered a new trial for a man convicted of child molestation, ruling that the trial judge wrongly replaced a holdout juror even though he'd described himself on social media as "walking grounds for a mistrial."
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July 19, 2024
McCarter & English Pushes To End Biotech Malpractice Row
McCarter & English LLP faced accusations Friday in New Jersey state court that it was making "fictitious" defenses in a malpractice suit by a biotechnology company, saying in response that it was being treated as a "scapegoat."
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July 19, 2024
NYC Bar OKs Attys' Financial Stakes In Alternative Biz Entities
A new ethics committee report says a New York City lawyer may hold a financial interest in alternative business structures in jurisdictions that let them provide legal services, provided the lawyer is merely a financial investor, not practicing law through the entity.
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July 19, 2024
DOJ Seeks Probe Of Ex-Fed. Judge After 9th Circ. Report
The U.S. Department of Justice has asked its internal watchdog to look into allegations made by the Ninth Circuit that now-resigned Alaska federal Judge Joshua Kindred had inappropriate relationships with several attorneys and created a hostile work environment, the DOJ confirmed to Law360 Friday.
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July 19, 2024
Judge Recuses As Tech Firm Slams Dow Chemical's Request
An Ohio federal judge has recused himself from a trade secrets case brought against Dow Chemical Co. after the technology firm that sued it showed the court a settlement offer without approval that would grant Dow Chemical's recusal motion, which the tech firm said was a "cavalier approach to a drastic remedy."
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July 19, 2024
Lin Wood Loses Bid To DQ Judge In Ga. Defamation Case
A Georgia federal judge on Friday refused to recuse himself from presiding over a trial in the defamation case against retired attorney L. Lin Wood from his former colleagues, ruling that Wood's disqualification bid against him is "untimely and, in any event, meritless."
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July 19, 2024
Prince Lobel Fires Atty Following Misconduct Investigation
A former general counsel for the Boston Cannabis Board turned chair of Prince Lobel Tye LLP's restaurant and hospitality group has been terminated by the Boston firm following an investigation, the firm confirmed to Law360 Pulse on Friday.
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July 19, 2024
NJ Justices To Review Ban On Out-Of-State Atty Referral Fees
The New Jersey Supreme Court will review an ethics advisory opinion that would ban Garden State-certified attorneys from paying referral fees to out-of-state attorneys, according to court orders filed Thursday.
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July 19, 2024
Calif. Firm Beats Rival's Claims In 'Sweet Justice' TM Fight
A California federal court on Thursday nixed a personal injury firm's countersuit against its rival in a battle over the trademark use of the term "Sweet Justice," ruling that the firm's counterclaims are a "mirror-image" of the underlying suit.
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July 19, 2024
2nd Circ. Upholds Ax Of Ex-Ropes & Gray Clerk's Bar Exam Suit
A former Ropes & Gray LLP attorney who was fired after twice failing the New York bar exam can't sue the state agency that administers the test for failing to accommodate her disabilities, the Second Circuit ruled Friday, finding the agency is protected by sovereign immunity.
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July 19, 2024
DOJ Fights Bid For Recording Of Biden's Hur Interview
An audio recording of President Joe Biden's interview with special counsel Robert Hur is protected by executive privilege, and so is exempt from the Freedom of Information Act, despite what conservative organizations and media outlets have said, the U.S. Department of Justice told a Washington, D.C., federal judge.
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July 19, 2024
Draft Constitutional Amendment Would Ax Trump Immunity
Sen. Mazie Hirono, D-Hawaii, a member of the Senate Judiciary Committee, on Friday released a draft of a constitutional amendment that would ensure no one is above the law, following the U.S. Supreme Court's ruling that former President Donald Trump has immunity from official acts as president.
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July 18, 2024
CoComelon Seeks Atty Fees And Sanctions After $23M IP Win
The company behind the popular children's YouTube channel CoComelon urged a California federal judge Thursday to follow up its $23.4 million copyright trial win by ordering a Chinese rival to pay an additional $6.5 million in attorney fees and costs, plus $1 million more for the rival's litigation misconduct.
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July 18, 2024
Texas IP Firm Fights Microsoft With Dueling Sanctions Bid
Prolific patent litigator Bill Ramey has pushed back against Microsoft's bid to sanction his law firm in Texas federal court, filing his own sanctions motion that claims the tech giant and its attorney "gleefully" filed an improper declaration in the case to defame him and his firm.
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July 18, 2024
Vidal Backs 'Egregious Abuse' Findings Against Vaccine Maker
U.S. Patent and Trademark Office Director Kathi Vidal has upheld a Patent Trial and Appeal Board decision to punish Longhorn Vaccines & Diagnostics for "egregious abuse of the PTAB process," a status report in a Utah federal case indicates.
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July 18, 2024
Atty Says Golf Malpractice Row Already Ran Its Course
An attorney seeking summary judgment in a legal malpractice suit told a New York federal judge that, five years and three courts later, the owners of the Foothills Club West Golf Court have still failed to produce evidence to support their allegations.
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July 18, 2024
Creek Citizenship Case Paused Amid Tribal Court Controversy
The Muscogee (Creek) Nation Supreme Court has paused a dispute between descendants of those once enslaved by the tribe and its citizenship board after the two plaintiffs accused the tribe's national council of illegally appointing special justices to the panel as part of a targeted campaign against them.
Expert Analysis
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Ethics Issues For Mainland Firms Involved In Maui Fire Suits
Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.
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Perspectives
More States Should Join Effort To Close Legal Services Gap
Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.
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Identifying Trends And Tips In Litigation Financing Disclosure
Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.
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Attorneys Using AI Shouldn't Worry About Waiving Privilege
As large language models become more advanced, attorneys may be concerned that sending confidential data to companies like OpenAI risks waiving attorney-client or work-product privilege, but there’s nothing about such tools that would negate the reasonable expectation of privacy, say John Tredennick and William Webber at Merlin.
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Series
The Pop Culture Docket: Judge Elrod On 'Jury Duty'
Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.
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NJ Justices Clarify Bribery Law Scope, But Questions Remain
The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.
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4 Business-Building Strategies For Introvert Attorneys
Excerpt from Practical Guidance
Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.
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Opinion
3 Ways Justices' Disclosure Defenses Miss The Ethical Point
The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.
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Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail
Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.
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Caregiver Flexibility Is Crucial For Atty Engagement, Retention
As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.
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How Judicial Privilege Shields Attys Facing Wiretap Violations
A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Noncompetes Hold Atty Privilege Pitfalls For Health Industry
Providers negotiating with medical professionals bound by enforceable restrictive covenants must tread carefully due to not only risk of breaching physicians' covenants but also risk of wrongful conduct that pierces attorney-client privilege, says Scott O'Connell at Holland & Knight.