Legal Ethics

  • May 03, 2024

    Sidley Liable For Ex-Partner's Tax Sheltering, Ga. Judge Told

    Counsel for a family of business magnates who say they were duped into an illegal tax shelter scheme over 25 years ago by Sidley Austin urged a Georgia federal judge Friday to let their suit against the firm continue, arguing its defense that the suit is time-barred should be done away with.

  • May 03, 2024

    Colo. Jury Hits Berkshire Unit With $7M Monopoly Verdict

    A Colorado federal jury on Friday awarded the rival of a Berkshire Hathaway-owned construction supplier $6.7 million for the larger company's monopolistic practices, hours after a judge scolded the Berkshire company's lawyer because he "crossed a line" during closings.

  • May 03, 2024

    California Judge Ousted For 'Willful,' 'Prejudicial' Misconduct

    A California state judge has been removed from the bench after an investigation found that he conducted a campaign of retaliation against court employees he suspected of being "moles" in a probe against him and lied about his actions to investigators afterward.

  • May 03, 2024

    Feds Say They Didn't Break Law Pursuing Ozy Media, Owner

    Prosecutors are urging a New York federal judge not to grant a defunct media startup and its owner Carlos Watson's request to dismiss the criminal fraud case against them as parties prepare to start picking their jury later this month.

  • May 03, 2024

    Graham Blasts Mass. Judge Nom For 'Radical' Policing Letter

    Sen. Lindsey Graham, R-S.C., the top Republican on the Senate Judiciary Committee, blasted a Massachusetts judicial nominee on Friday for failing to disclose prior to his nomination hearing that his name appears on the letterhead of a 2020 public statement issued in the wake of protests following the murder of George Floyd by police.

  • May 03, 2024

    Robbins Geller Attys To Take Stand In $8M Sanctions Dispute

    A petroleum refiner will put current and former Robbins Geller Rudman & Dowd LLP attorneys on the stand May 7 in an extraordinary evidentiary hearing testing what the plaintiffs' lawyers knew about an analyst's now-discredited findings as they pursued since-nixed price-fixing claims.

  • May 03, 2024

    Ex-Defender Can't Make Feds Release Harassment Reports

    A North Carolina federal court rejected a former assistant federal defender's bid to have the federal government release certain #MeToo evidence following a trial over her claims of a botched sexual harassment probe, saying she was "woefully late" in deciding to challenge its confidentiality status.

  • May 03, 2024

    Law Firm Pans Photographer's IP Suit Over Website Image

    The Schmidt Firm asked a Texas federal judge Friday to ax a professional photographer's allegations the Dallas-based firm illegally posted his copyrighted image of convicted sexual abuser and ex-Columbia University obstetrician-gynecologist Robert Hadden on its website without permission.

  • May 03, 2024

    Menendez Says Feds' Talk Of Psychiatrist Invaded Privacy

    U.S. Sen. Bob Menendez says prosecutors in his corruption case violated a New York federal court order and may have tainted the jury pool by allegedly revealing his sensitive private health information in a publicly filed motion opposing the New Jersey politician's request to introduce expert testimony by a psychiatrist.

  • May 03, 2024

    Coverage Recap: Day 7 Of Trump's NY Hush Money Trial

    Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day seven.

  • May 03, 2024

    NJ Atty Beats DQ Bid In Tech Software Dispute, For Now

    A New Jersey federal judge has shot down a bid to disqualify a Callagy Law attorney from a suit involving two groups of technology industry investors and entrepreneurs following a business deal gone sour, rejecting as premature the defense's argument that his testimony is necessary to its case.

  • May 03, 2024

    Ohio Atty Gets 3rd Suspension After Not Reporting Conviction

    A Cleveland-area attorney trying to get reinstated after neglecting bankruptcy cases was suspended yet again by the Ohio Supreme Court, which said he failed to report a drug conviction to his county bar association for almost eight months.

  • May 02, 2024

    NY Jury Hears Trump On Tape Discussing $150K Payment

    Manhattan jurors in Donald Trump's criminal trial heard secretly recorded conversations of the former president discussing what prosecutors say is a $150,000 hush money payment for a former Playboy model intended to boost his 2016 election campaign.

  • May 02, 2024

    'Inflammatory' Words Spark Sanctions Bid In Child Death Suit

    Catholic Charities Corp. and the estate of a 5-year-old boy who an Ohio jury said died in part because of the nonprofit's negligence sparred over whether it violates a "golden rule" of litigation for the jury to picture the boy's suffering, with the nonprofit seeking sanctions over what it considered to be "inflammatory" statements by the estate's attorney.

  • May 02, 2024

    No Atty Fees For Objectors To $5.6B Swipe Fees Settlement

    Class members who initially objected to a $5.6 billion settlement with Visa and Mastercard cannot collect nearly $1 million in attorney fees, a New York federal judge ruled Thursday, saying they haven't shown their objections to the original 2013 settlement substantially benefited the class.

  • May 02, 2024

    Ethics, Military Orgs. Back Review Of Judge's Non-Recusal

    An ethics institute at the University of Pennsylvania and a military justice organization told the U.S. Supreme Court on Thursday that a D.C. Circuit judge deprived a former al-Qaida member of a fair hearing when the judge did not recuse himself from the Guantanamo detainee's appeal.

  • May 02, 2024

    Attys Due For Spam Suit Sanction, But Not $750K, Judges Say

    Class counsel's misconduct in helping instigate a spam text suit against stock-trading app Robinhood Financial LLC warranted sanctions, a Washington state appeals court panel ruled Thursday, but the judges said the $750,000 penalty went over the top in deterring the bad behavior.

  • May 02, 2024

    Suspended Detroit Judge Running To Get Her Seat Back

    A Detroit judge suspended by the Michigan Supreme Court for "repeated, deliberate misconduct" is running for an open judicial seat at her former court in the August primary election.

  • May 02, 2024

    Split 10th Circ. Spikes $17.3M Atty Fee Over Class Notice

    A split Tenth Circuit panel has vacated for a second time a $17.3 million attorney fee award for reaching a $52 million class action settlement over gas well royalty payments, with the majority writing that the lower court erred by not requiring a new class notice regarding the revised fee bid.

  • May 02, 2024

    Judgment Vacated In Suit Over Law Professor's Recording

    A New Jersey federal judge has agreed to vacate judgments in a suit against a law professor who a jury determined illegally wiretapped her former son-in-law and invaded his privacy.

  • May 02, 2024

    Coverage Recap: Day 6 Of Trump's NY Hush Money Trial

    Law360 reporters are providing live updates from the Manhattan criminal courthouse as Donald Trump goes on trial for allegedly falsifying business records related to hush money payments ahead of the 2016 election. Here's a recap from day six.

  • May 02, 2024

    Rules Against Judge Shopping Move Forward At Fed Agency

    Federal appellate courts should review most government agency actions, and cases involving those actions that wind up in district courts should be subject to district-wide assignment to avoid judge shopping, according to recommendations approved Thursday by a committee of the federal agency charged with improving government rulemaking.

  • May 02, 2024

    11th Circ. 'Emphatically' Upholds JCPenney's Sanctions Win

    The Eleventh Circuit has affirmed a $63,000 sanction against an Alabama shopping mall amid its lease dispute with JCPenney, finding that the mall acted in bad faith by not notifying the court of a lack of diversity jurisdiction, eventually sinking the case — only after JCPenney won partial summary judgment and a later mediation failed.

  • May 02, 2024

    Atty Facing Gag Order Bid Says He's Not 'Ambulance-Chasing'

    Tyrone Blackburn, the attorney for two men suing Fox Rothschild LLP for malpractice, has hit back at the firm after it called attention to a recent ruling referring him to a grievance committee, saying he is "not an ambulance-chasing attorney who lives in front of a camera."

  • May 02, 2024

    Dilworth Paxson Attys Disciplined Over NJ Eatery Conflict

    Two Dilworth Paxson LLP partners were sanctioned by the New Jersey Supreme Court this week for investing in a restaurant on the campus of The College of New Jersey at the same time they were legally representing another investment group on the project.

Expert Analysis

  • Alleged $636M Deal Error Highlights Ethics Considerations

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    Adelman v. Proskauer, a malpractice suit that allegedly arose from a cut-and-paste error resulting in potential damages of $636 million, presents an intriguing juxtaposition of facts and legal issues — and practical ethical considerations for transactions attorneys, says Richard Leisner at Trenam Law.

  • 5th Circ. Ruling Reminds Attys That CBP Can Search Devices

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    The Fifth Circuit’s recent Malik v. Department of Homeland Security decision adds to the chorus of federal courts holding that border agents don’t need a warrant to search travelers’ electronic devices, so attorneys should consider certain special precautions to secure privileged information when reentering the U.S., says Jennifer Freel at Jackson Walker.

  • Alleged $636M Deal Error Shows Value Of Old-School Methods

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    Though Proskauer Rose has now settled claims involving a copy-paste error in deal documents that could have resulted in $636 million in damages, the debacle reminds attorneys that classic revision methods using paper copies can help avoid drafting errors and actually save time in the long run, says Richard Leisner at Trenam.

  • Twitter Sanction Highlights Privacy Law's Complexity

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    The D.C. Circuit's recent decision to uphold a sanction against X Corp., formerly known as Twitter, for failing to produce account records in response to a subpoena highlights the importance of understanding the Stored Communications Act, particularly when deciding to produce or not produce data, says Cary Aronovitz at Holland & Knight.

  • Avoiding The Ethical Pitfalls Of Crowdfunded Legal Fees

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    The crowdfunding of legal fees has become increasingly common, providing a new way for people to afford legal services, but attorneys who accept crowdsourced funds must remember several key ethical obligations to mitigate their risks, say Hilary Gerzhoy and Julienne Pasichow at HWG.

  • What Large Language Models Mean For Document Review

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    Courts often subject parties using technology assisted review to greater scrutiny than parties conducting linear, manual document review, so parties using large language models for document review should expect even more attention, along with a corresponding need for quality control and validation, say attorneys at Sidley.

  • Series

    Participating In Living History Makes Me A Better Lawyer

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    My role as a baron in a living history group, and my work as volunteer corporate counsel for a book series fan association, has provided me several opportunities to practice in unexpected areas of law — opening doors to experiences that have nurtured invaluable personal and professional skills, says Matthew Parker at the Nebraska Department of Health and Human Services.

  • Opinion

    Private Equity Owners Can Remedy Law Firms' Agency Issues

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    Nonlawyer, private-equity ownership of law firms can benefit shareholders and others vulnerable to governance issues such as disparate interests, and can in turn help resolve agency problems, says Michael Di Gennaro at The Law Practice Exchange.

  • How To Protect Atty-Client Privilege While Using Generative AI

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    When using generative artificial intelligence tools, attorneys should consider several safeguards to avoid breaches or complications in attorney-client privilege, say Antonious Sadek and Christopher Campbell at DLA Piper.

  • How New Lawyers Can Leverage Feedback For Growth

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    Embracing constructive criticism as a tool for success can help new lawyers accelerate their professional growth and law firms build a culture of continuous improvement, says Katie Aldrich at Fringe Professional Development.

  • Twitter Legal Fees Suit Offers Crash Course In Billing Ethics

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    X Corp.'s suit alleging that Wachtell grossly inflated its fees in the final days of Elon Musk’s Twitter acquisition provides a case study in how firms should protect their reputations by hewing to ethical billing practices and the high standards for professional conduct that govern attorney-client relationships, says Lourdes Fuentes at Karta Legal.

  • ABA's Money-Laundering Resolution Is A Balancing Act

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    While the American Bar Association’s recently passed resolution recognizes a lawyer's duty to discontinue representation that could facilitate money laundering and other fraudulent activity, it preserves, at least for now, the delicate balance of judicial, state-based regulation of the legal profession and the sanctity of the attorney-client relationship, say attorneys at Ballard Spahr.

  • Law Firm Professional Development Steps To Thrive In AI Era

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    As generative artificial intelligence tools rapidly evolve, professional development leaders are instrumental in preparing law firms for the paradigm shifts ahead, and should consider three strategies to help empower legal talent with the skills required to succeed in an increasingly complex technological landscape, say Steve Gluckman and Anusia Gillespie at SkillBurst Interactive.

  • Nev. Insurance Law May Mean Turmoil In Liability Market

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    Nevada's new law prohibiting insurers from issuing or renewing defense-within-limits liability policies in the state could cause professional liability insurers to withdraw certain products or prohibitively increase premiums — and while an emergency regulation allows for exceptions, the situation remains fluid, says Joshua Leach at Atheria Law.

  • Lessons From High-Profile Witness Tampering Allegations

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    As demonstrated by recent developments in the cases against former President Donald Trump and FTX founder Sam Bankman-Fried, allegations of witness tampering can carry serious consequences — but attorneys can employ certain strategies to mitigate the risk that accusations arise, says Kenneth Notter at MoloLamken.

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