Legal Ethics

  • October 02, 2024

    Morgan & Morgan Says Ex-Client 'Flat Wrong' Over Arbitration

    Morgan & Morgan PA and one of its attorneys told a Georgia federal court on Tuesday that an ex-client is "flat wrong" in arguing that his legal malpractice proposed class action should stay out of arbitration, saying that Georgia's case law clearly allows arbitration clauses between attorneys and clients.

  • October 02, 2024

    Auto Biz Must Hand Emails Over To EEOC In Harassment Case

    A Michigan federal magistrate judge has ordered an automotive services company to turn over certain emails sought by the U.S. Equal Employment Opportunity Commission in a sexual harassment suit, saying only portions can be redacted due to attorney-client privilege.

  • October 02, 2024

    Progressive Group Staffs Up For Judicial Nominee Fights

    With a little over a month until Election Day, a progressive organization announced a slate of new hires to prepare for judicial confirmation battles and fight for court reform on Wednesday.

  • October 02, 2024

    Tenn. Atty Sues Federal Court, Judges Over Gag Order Rule

    A rule of the U.S. District Court for the Middle District of Tennessee barring attorneys from making "any extrajudicial statements" about cases pending in the district violates the First Amendment and should be blocked, according to a Nashville civil rights lawyer.

  • October 02, 2024

    Bullying In Law Is Pervasive, Drives Turnover, Ill. Attys Say

    Nearly a quarter of those who responded to a recent large-scale survey of Illinois lawyers said they had been bullied at work within the last year, with those numbers spiking among women and other traditionally underrepresented attorneys in the profession, a report released Tuesday found.

  • October 02, 2024

    Baker Donelson Must Face Mississippi Ponzi Scheme Suit

    A Mississippi federal judge has denied Baker Donelson's effort to escape civil conspiracy claims alleging the firm allowed a timber company's $164.5 million Ponzi scheme to unfold, with the judge stating he was "not persuaded" by the firm's argument, as it was based on the Eleventh Circuit's interpretation of Florida law.

  • October 02, 2024

    NYC Mayor Adams May Face More Charges, Feds Say

    Prosecutors told a Manhattan federal judge Wednesday it was "possible" they would charge New York City Mayor Eric Adams with additional crimes in his corruption case, indicating they have evidence he told witnesses to lie to the FBI.

  • October 01, 2024

    Trump Cries Voter Interference As Immunity Brief Hits Docket

    Former President Donald Trump on Tuesday slammed special counsel Jack Smith's bid to publicize some evidence in a voluminous filing over Trump's presidential immunity to election interference charges, reiterating allegations that it's a "politically motivated manifesto" aimed at influencing voters on the eve of the 2024 election.

  • October 01, 2024

    Attys Contest $1M Wrongful Conviction Referral Fee

    A Michigan attorney has accused a well-known wrongful conviction lawyer of withholding nearly $1 million in fees she says she's owed for referring a client who went on to win an $8.5 million settlement for his imprisonment, though the client says the attorney didn't actually help him find the firm that ended up representing him.

  • October 01, 2024

    Foley & Lardner Accused Of Malpractice In GWG Transactions

    Foley & Lardner LLP did not heed the fiduciary duty it owed to GWG Holdings when it facilitated loans and other transactions unfair to the life insurance-backed bond seller and, instead, enriched a group of "corrupt" shareholders, according to a lengthy adversary lawsuit filed in Texas bankruptcy court.

  • October 01, 2024

    Water Firm Can't End Flint Children's Negligence Claims

    The federal judge presiding over Flint, Michigan, water crisis litigation again ruled on Tuesday that an engineering firm won't be able to avoid professional negligence claims related to its consulting work with the city, issuing the 70-page opinion days before jury selection for a bellwether trial begins.

  • October 01, 2024

    EEOC, Hooters Not Taking Bias Suit 'Seriously,' Judge Chides

    Attorneys for the U.S. Equal Employment Opportunity Commission and Hooters got a dressing down Tuesday by a federal judge in North Carolina who accused them of dragging their feet and wasting the court's time by asking for deadline extensions without making meaningful progress.

  • October 01, 2024

    Buchanan Ingersoll, McNees Wallace Duck Athlete's Bias Suit

    A Pennsylvania federal judge threw out a former student athlete's abuse of process claims against Buchanan Ingersoll & Rooney PC and McNees Wallace & Nurick LLC over their representation of an athletic association in an unsuccessful challenge over his eligibility to play postseason high school sports.

  • October 01, 2024

    McElroy Deutsch Must Face 'Malicious' Claim From Fired Exec

    A former business development director from McElroy Deutsch Mulvaney & Carpenter LLP has been given the go-ahead from a New Jersey state judge to bring a malicious-prosecution claim against the firm in litigation over her and her husband's alleged multimillion-dollar embezzlement from the firm.

  • October 01, 2024

    Ex-Interior Dept. Deputy's Oil Stocks Violated Ethics Laws

    The onetime deputy secretary of the Interior, Tommy Beaudreau, who moved into private practice last year and now co-leads WilmerHale's energy practice, violated government ethics laws by failing to recuse himself from drilling-related matters while knowingly holding petroleum stocks, according to an internal watchdog's ethics report released Tuesday.

  • October 01, 2024

    Fla. Justices Urged To Nix Ruling Axing Malpractice Award

    A former client of The Ferraro Law Firm PA is asking the Florida Supreme Court to consider restoring its $1.5 million legal malpractice arbitration award, arguing the Third District Court of Appeal created a new pleading requirement in arbitrations.

  • October 01, 2024

    Apple, Amazon Hint Hagens Berman Lacked Client's OK

    Amazon and Apple blasted Hagens Berman Sobol Shapiro LLP for seeking to withdraw as counsel for the no-show original lead plaintiff in an antitrust suit targeting iPhone and iPad sales, hinting that the firm continued to pursue the case even after knowing its client wished to drop out.

  • October 01, 2024

    Wigdor Sued For Dragging Cuomo Aide Into Harassment Case

    Former New York Gov. Andrew Cuomo's spokesperson hit Wigdor LLP with a malicious prosecution suit Tuesday, claiming the well-known employment law firm filed a bogus retaliation claim against him for likening a sexual harassment suit against Cuomo to extortion.

  • October 01, 2024

    Colo. Murder Case Prosecutors Censured After Botched Probe

    Two Colorado attorneys who worked as prosecutors in the failed high-profile prosecution of a man charged with murdering his wife have agreed to public censure as discipline for their roles in the botched proceeding that led to a recent opinion disbarring the elected district attorney who oversaw the case.

  • October 01, 2024

    NJ Panel Backs Conflicts Waiver, Rejects Online Rebukes

    A New Jersey Supreme Court committee overseeing attorney ethics rules has decided against recommending the state bar's request to give lawyers latitude to disregard client confidentiality when responding to posts online accusing them of misconduct, while supporting conflict of interest waivers for the state's attorney general.

  • October 01, 2024

    Foreclosure Class Wants To Stop Mich. Atty's Victim Outreach

    Lawyers behind a proposed tax foreclosure class action in Michigan federal court have said an attorney who recently secured a settlement in a similar case sent a misleading solicitation letter to a client in a bid to undermine the proceedings.

  • October 01, 2024

    Ga. Atty Disbarred For Taking $850K From Investor Clients

    The Georgia Supreme Court disbarred an attorney Tuesday for mishandling about $850,000 of his real estate investor clients' money, concluding that such a severe sanction is "consistent with similar cases in which a lawyer abandons clients, violates the rules related to trust accounts and defaults during the disciplinary process." 

  • October 01, 2024

    When The Client Is The Mayor, The Usual Rules Don't Apply

    Representing a public official, whether the mayor of New York City, a state legislator or a city council member, poses unique challenges for even the most experienced lawyers, who often find themselves torn between fighting battles in the press and protecting their client in court.

  • October 01, 2024

    Adams Says Feds Sought To 'Tarnish' Him With Leaks

    New York City Mayor Eric Adams asked a Manhattan federal judge Tuesday to sanction Southern District prosecutors for allegedly leaking the details of a criminal investigation for nearly a year leading up to his corruption indictment, saying negative press has hurt his standing with the public and undermined his right to a fair trial.

  • October 01, 2024

    NYC Bar Urges Congress To Place Ethics Rules On High Court

    The New York City Bar Association called on Congress to put U.S. Supreme Court justices under enforceable ethics rules in a report released Tuesday, throwing its support behind reforms, such as the creation of a Judicial Investigation Panel and an Office of the Inspector General.

Expert Analysis

  • Insurance Coverage For ChatGPT Legal Fiasco: A Hypothetical

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    William Passannante at Anderson Kill draws on the recent case of an attorney sanctioned by the Southern District of New York for submitting a ChatGPT-authored brief to discuss what the insurance coverage for the attorney's hypothetical claim might look like.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • Handling Hostile Depositions: Keep Calm And Make A Record

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    When depositions turn contentious, attorneys should, among other strategies, maintain a professional demeanor and note any objectionable conduct on the record, thereby increasing chances of a favorable outcome for the client while preserving the integrity of the legal process, say attorneys at Steptoe & Johnson.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • A Midyear Look At How AI Is Affecting Lawyers

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    The past six months have been a notable period for advancements in artificial intelligence and generative AI, and as we head into the second half of the year, we must review the implications that AI has for the legal industry, including how lawyers will be advising clients on use of AI technology, says Natasha Allen at Foley & Lardner.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • New Health Data Compliance Considerations For Pa. Lawyers

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    Given the regularity with which attorneys handle private health information, it is important for Pennsylvania firms to understand recent significant amendments to the state's data breach law, which address information not currently covered by federal law, says Mark Mattioli at Post & Schell.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Steps To Success For Senior Associates

    Excerpt from Practical Guidance
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    Adriana Paris at Rissman Barrett discusses the increased responsibilities and opportunities that becoming a senior associate brings and what attorneys in this role should prioritize to flourish in this stressful but rewarding next level in their careers.

  • Legal Profession Must Do More For Lawyers With Disabilities

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    At the start of Disability Pride month, Rosalyn Richter at Arnold & Porter looks at why lawyers with disabilities are significantly underrepresented in private practice, asserting that law firms and other employers must do more to conquer the implicit bias that deters attorneys from seeking accommodations.

  • Opinion

    Appellate Funding Disclosure: No Mandate Is Right Choice

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    The Advisory Committee on Appellate Rules' recent decision, forgoing a mandatory disclosure rule for litigation funding in federal appeals, is prudent, as third-party funding is only involved in a minuscule number of federal cases, and courts have ample authority to obtain funding information if necessary, says Stewart Ackerly at Statera Capital.

  • Case Law Is Mixed On D&O Coverage For Gov't Investigations

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    As the Fourth Circuit’s recent decision in Brown Goldstein v. Federal Insurance Co. demonstrates, federal appeals courts take different approaches to determine whether government investigations are covered by directors and officers liability insurance, so companies and individuals must review their policy language, say Chloe Law, Jan Larson and Caroline Meneau at Jenner & Block.

  • How Attys Can Avoid Exposing Their Firms To Cyberattacks

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    Attorneys are the weakest link in their firms' cyberdefenses because hackers often exploit the gap between individuals’ work and personal cybersecurity habits, but there are some steps lawyers can take to reduce the risks they create for their employers, say Mark Hurley and Carmine Cicalese at Digital Privacy & Protection.

  • Virginia 'Rocket Docket' Slowdown Is Likely A Blip

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    After being the fastest or second-fastest federal civil trial court for 14 straight years, the Eastern District of Virginia has slid to 18th place, but the rocket docket’s statistical tumble doesn't mean the district no longer maintains a speedy civil docket, says Robert Tata at Hunton.

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