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Legal Ethics
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July 12, 2024
LA Judge Rebuked For Scolding Litigants, Calling Some 'Pigs'
A Los Angeles Superior Court judge received public admonishment by the Commission on Judicial Performance on Thursday for making insulting and gratuitous remarks to litigants, which included likening two of them to "pigs in the trough, fighting," comparing a dispute to a "Jerry Springer case" and warning another, "You're lucky you weren't shot."
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July 12, 2024
More Attys Leave Suit Over WWE Fan's Fla. Fireworks Injuries
A boutique law firm that describes itself on its website as a "one stop shop" for the fireworks industry has stopped representing World Wrestling Entertainment Inc. in a fan suit alleging injuries from a fireworks display at a WWE event, saying the attorney-client relationship "has deteriorated."
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July 12, 2024
AbbVie Brings Atty-Client Privilege Fight To Supreme Court
Drugmaker AbbVie has set its sights on the U.S. Supreme Court, asking justices to weigh in on a discovery battle over what it believes are privileged attorney-client communications relating to a "sham" Pennsylvania patent case.
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July 12, 2024
Lin Wood Wants Judge Disqualified In Ga. Defamation Case
Controversial retired Georgia attorney L. Lin Wood has asked that a Georgia federal judge be disqualified from presiding over a defamation case he's facing from his former law partners, arguing that the case involved two witnesses from Alston & Bird LLP, where the judge previously worked.
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July 12, 2024
Litigation Funding 'Abuses' Targeted By Federal Lawmakers
Federal lawmakers are seeking to put the reins on third-party investors bankrolling litigation, with Rep. Darrell Issa, R-Calif., introducing legislation that would require disclosure of third-party financing deals in civil lawsuits, and Rep. James Comer, R-Ky., asking Chief Justice John Roberts on Friday to have the Judicial Conference review the practice.
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July 12, 2024
Biggest Colorado Decisions Of 2024: A Midyear Report
The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.
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July 12, 2024
Feds Seek 2 Years For Mass. Atty In Campaign Finance Scam
Boston federal prosecutors want a former BigLaw attorney to serve two years in prison for his conviction for a raft of campaign finance violations tied to his 2018 run for an open congressional seat in Massachusetts.
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July 12, 2024
Ex-DOJ Atty Clark Can't Move Ethics Case To Federal Court
A D.C. Circuit panel on Friday threw out a bid from former Trump administration lawyer Jeffrey Clark to transfer his attorney discipline case to federal court, saying the embattled attorney attempted to remove the ethics charges too late.
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July 12, 2024
Judge Nixes Fraud Suit, Slams Atty's Fox Rothschild Remarks
A New Jersey federal judge threw out a fraud and malpractice suit brought against Fox Rothschild by two men who said the firm was "knowingly and willfully robbing their immigration clients" and warned their attorney over prior comments he made to Law360 regarding the case.
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July 12, 2024
Ex-Magellan Execs Waive Conflicts Over Past Shared Counsel
Two former Magellan Diagnostics executives charged with conspiring to hide defects in the company's lead testing devices agreed on Friday to waive any potential conflict created by their prior joint representation by a Donnelly Conroy & Gelhaar LLP attorney.
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July 12, 2024
'Willful Withholding' Of Evidence Dooms Baldwin 'Rust' Case
Alec Baldwin wept and hugged his attorneys Friday after a New Mexico state judge threw out involuntary manslaughter charges against the actor in the "Rust" shooting case, finding that prosecutors willfully withheld key ammunition evidence from the defense.
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July 11, 2024
Trump Says Immunity Ruling Means Conviction Must Be Axed
Donald Trump has officially lodged his request for his conviction to be vacated in light of the U.S. Supreme Court's presidential immunity decision, arguing that prosecutors' evidence in the hush money case rests on official acts he took as president, according to a redacted motion made public Thursday.
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July 11, 2024
2nd Circ. Backs Disbarred Atty's Prison Term For Fraud Plea
A disbarred California attorney can't reverse a Manhattan federal court's 5½-year prison sentence and $5.5 million restitution order that followed his guilty plea to wire fraud for a real estate and venture fraud scheme, the Second Circuit ruled Thursday.
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July 11, 2024
8th Circ. OKs Toxic Gas Injury Win, But Cuts Award By $30M
The Eighth Circuit on Thursday affirmed a jury's finding that Dyno Nobel Inc.'s negligence in handling toxic gas emissions caused serious injuries to a man's larynx but slashed his $43.75 million award down to $13.75 million, saying the explosives company lacked the culpable mental state required for punitive damages.
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July 11, 2024
Ozy Media CEO Urges Jury To Reject 'Shady' Fraud Case
Counsel for Carlos Watson on Thursday told a Brooklyn federal jury not to trust prosecutors' "shady" claims that the Ozy Media founder and CEO defrauded lenders and investors by falsely inflating the news and entertainment startup's bottom line.
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July 11, 2024
VLSI Tells Fed. Circ. IPR Should Have Ended After Sanctions
VLSI Technology is urging the Federal Circuit to revive the patent it used to win a $1.5 billion infringement verdict against Intel, saying the Patent Trial and Appeal Board's invalidation was tainted by mishandled sanctions proceedings.
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July 11, 2024
Texas AG Claims He's About To Be Impeached Again
In a social media post about an upcoming Texas House committee meeting, Attorney General Ken Paxton said "weak-kneed" establishment Republicans and Democrats are conspiring on a second impeachment effort to try to remove him from office — a claim the committee chair called "farfetched fantasy."
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July 11, 2024
Attys Say Milberg Must Pay For Fraud In Visa, Mastercard MDL
Class counsel representing plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees have called for sanctions against Milberg Coleman Bryson Phillips Grossman LLC, laying out arguments for a fee reimbursement after the firm admitted to mistakenly registering fraudulent clients.
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July 11, 2024
IP Forecast: Napa Winery's Ex-Atty Wants Another Trial
A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.
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July 11, 2024
Media Matters Fights Texas AG's Bid To Revive X Probe
Media Matters for America is urging the D.C. Circuit to keep intact a court order prohibiting Texas Attorney General Ken Paxton from investigating the media watchdog over its reporting about the social media platform X, asserting that the D.C. courts are the correct place to litigate the "retaliatory" probe.
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July 11, 2024
Conn. Justices Say Law Firm's Ex Parte Sanctions Were Error
The law firm Brignole Bush & Lewis LLC cannot be sanctioned for engaging in ex parte talks with an expert witness previously disclosed by Liberty Mutual Insurance Co., the opposing party in a car accident case, the Connecticut Supreme Court ruled Thursday.
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July 11, 2024
'Bridgegate' Defense Offers Road Map For NJ RICO Case
Counsel for the powerful New Jersey mogul and Democratic operatives facing explosive racketeering charges are likely to justify their actions as just business, experts told Law360, describing defense tactics similar to the ones that absolved defendants in "Bridgegate," New Jersey's most notorious politics-fueled crime in recent history.
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July 11, 2024
Top NC Legal Industry Legislation Of 2024: A Midyear Report
North Carolina lawmakers have instituted a streamlined process for state business court filings and are eying controls on attorney fees for debt collection lawsuits. Another closely watched measure eases the discipline process for attorneys with the expansion of records access and the ability to expunge certain ethics transgressions.
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July 11, 2024
Atty's Suit Against Aircraft Cos., Blank Rome Attys Survives
A federal judge ruled in favor of a lawyer who alleges that aircraft companies and attorneys with Blank Rome LLP brought a baseless lawsuit against her in retaliation for switching from corporate defense to the plaintiffs bar, denying a motion to dismiss and allowing her lawsuit to continue.
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July 11, 2024
Fla. Ex-Judge Who Inflated Campaign Finances Disbarred
The Florida Supreme Court on Thursday disbarred a former county court judge for various ethical violations, including inflating campaign finances, making misrepresentations in his application for a judicial nominating commission seat and misconduct during the disciplinary proceedings.
Expert Analysis
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Series
The Pop Culture Docket: Judge D'Emic On Moby Grape
The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.
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The Basics Of Law Firm Cyber Liability Insurance Applications
Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.
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Series
Performing Music Makes Me A Better Lawyer
The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.
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Breaking Down High Court's New Code Of Conduct
The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.
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Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
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Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
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What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
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Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
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Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
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Asserting 'Presence-Of-Counsel' Defense In Securities Trials
As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.
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Key Takeaways From DOJ's Recent FARA Advisory Opinions
The U.S. Department of Justice recently published several redacted advisory opinions on the Foreign Agents Registration Act, clarifying its current thinking on when a person or entity is required to register as a foreign agent under the statute, and when they may qualify for an exemption, says Tessa Capeloto at Wiley Rein.
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The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
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Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
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AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
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Preparing Law Students For A New, AI-Assisted Legal World
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.