Legal Ethics

  • July 25, 2024

    Loeb & Loeb Says Ex-GC's Sanctions Motion Is Bogus

    Loeb & Loeb LLP urged a Colorado federal judge Wednesday to reject a former general counsel's allegations that it deliberately sent a thumb drive of documents that aren't text searchable, saying they are actually searchable and would have otherwise sent over 64,000 physical pages that weren't.

  • July 25, 2024

    Ex-Defender Says Judiciary Reform Study Buoys Bias Suit

    A former public defender who accused the federal judiciary of flubbing its investigation of her sexual harassment claim has doubled down on her request for the court to take notice of a recent study promoting judiciary workplace reforms, hitting back at her opponent's attempt to discredit the report's relevance.

  • July 25, 2024

    Morgan & Morgan Pushes To Arbitrate Malpractice Claims

    Morgan & Morgan PA's Jacksonville, Florida, unit wants a Georgia deputy sheriff's malpractice case sent to arbitration, saying he signed a representation agreement with the firm related to a back injury case that included an arbitration clause.

  • July 25, 2024

    11th Circ. Sets Briefing Schedule In Mar-A-Lago Docs Appeal

    Briefing in special counsel Jack Smith's appeal of the dismissal of the classified documents criminal case against former President Donald Trump will run through mid-October, according to a scheduling notice from the Eleventh Circuit on Thursday.

  • July 25, 2024

    Florida Ethics Opinion Sets Guardrails For Judges' Testimony

    Florida judges may testify as to the weight of the evidentiary burden in previous court proceedings if subpoenaed by a trial court, according to recent guidance produced by the state's ethics watchdog, though a judge may not discuss individual witness testimony, even if subpoenaed to do so.

  • July 25, 2024

    Connecticut 'Fishing' Atty Placed On Interim Suspension

    A Connecticut attorney who responded to an overdraft notice and disciplinary inquiry with an email saying the issue wasn't a priority because he was busy fishing has been suspended on an interim basis from practicing law.

  • July 25, 2024

    Chicken Soup's Atty Wants Out Of $3M Conn. Pet Food Feud

    The Graubard Miller attorney defending Chicken Soup for the Pet Lover's Soul Inc. in a manufacturer's $3 million contract suit asked a Connecticut state court to let her leave the case, writing in her motion to withdraw that Chicken Soup has refused to cooperate on the case.

  • July 25, 2024

    Mass. Court Revives Malpractice Suit Over Late Arbitration

    Massachusetts' intermediate-level appellate court on Thursday revived a legal malpractice suit against a pair of attorneys who allegedly waited too long to file an arbitration on their client's behalf, finding that a lower court was wrong to grant the lawyers a pretrial win.

  • July 24, 2024

    Co. Wants Gov't Sanctioned For Late Docs In Contract Dispute

    A contractor for the U.S. Air Force has urged the Court of Federal Claims to sanction the government after allegedly providing documents late and destroying other documents related to the company's suit alleging the Air Force wrongly terminated a support contract.

  • July 24, 2024

    Atty Who Put Settlement In Spouse's Account Loses Appeal

    A Texas appellate court ruled Wednesday against an attorney seeking to overturn a ruling from a trial court barring him from practicing law for 18 months, saying the man clearly breached his ethical obligations by moving settlement funds through his spouse's personal bank account.

  • July 24, 2024

    Atty Can't Deduct Car Racing Costs As Ads, US Tells 10th Circ.

    A personal injury lawyer who also races cars shouldn't be allowed to deduct about $300,000 for racing-related costs as ordinary business advertising expenses because they're unrelated to his law practice, the U.S. government told the Tenth Circuit on Wednesday.

  • July 24, 2024

    Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing

    The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.

  • July 24, 2024

    Ga. Judicial Candidate Aims To Keep Election Challenge Alive

    An attorney who lost her bid for a Georgia state appeals court seat has doubled down on her effort to overturn the election results, telling a state court to reject the winning candidate's dismissal bid and arguing it is actually his responsibility to establish a preponderance of the evidence about his eligibility to run.

  • 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.

Expert Analysis

  • Litigation Inspiration: A Source Of Untapped Fulfillment

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    As increasing numbers of attorneys struggle with stress and mental health issues, business litigators can find protection against burnout by remembering their important role in society — because fulfillment in one’s work isn’t just reserved for public interest lawyers, say Bennett Rawicki and Peter Bigelow at Hilgers Graben.

  • Series

    Skiing Makes Me A Better Lawyer

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    A lifetime of skiing has helped me develop important professional skills, and taught me that embracing challenges with a spirit of adventure can allow lawyers to push boundaries, expand their capabilities and ultimately excel in their careers, says Andrea Przybysz at Tucker Ellis.

  • Think Like A Lawyer: Forget Everything You Know About IRAC

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    The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.

  • How Firms Can Ensure Associate Gender Parity Lasts

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    Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.

  • 7 Common Myths About Lateral Partner Moves

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    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

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    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

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    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • Verizon Benefits Ruling Clears Up Lien Burden Of Proof

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    A Rhode Island federal court recently ruled that a Verizon benefits plan could not recoup a former employee’s settlement funds from the attorney who represented her in a personal injury case, importantly clarifying two Employee Retirement Income Security Act burden of proof issues that were previously unsettled, says Mark DeBofsky at DeBofsky Law.

  • Reimagining Law Firm Culture To Break The Cycle Of Burnout

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    While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.

  • Series

    Competing In Dressage Makes Me A Better Lawyer

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    My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.

  • Opinion

    High Court's Gifts Problem Taints Public Corruption Cases

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    A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.

  • The Legal Industry Needs A Cybersecurity Paradigm Shift

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    As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.

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