Legal Ethics

  • February 15, 2024

    Ex-Atty Who Lied To Grand Jury About Frauds Gets 6.5 Years

    A Manhattan federal judge sentenced a disbarred lawyer to six and a half years in prison Thursday for his 14-year, $17 million real estate Ponzi scheme, for laundering insurance scam proceeds and for his "unheard of" step of lying to a grand jury.

  • February 15, 2024

    Reed Smith Wants To Shield Internal Probe In Bias Suit

    Reed Smith LLP urged a New Jersey federal judge Thursday to seal an internal investigation report as the firm fights a long-running age and racial discrimination suit brought by a former paralegal, arguing her pro-se motion to unseal the report was "untimely and largely nonsensical."

  • February 15, 2024

    Cole Scott Faces DQ Bid In Fla. Crash Suit Over Atty

    Cole Scott & Kissane PA should be booted from representing the defendants in a car wreck lawsuit because it failed to disclose that a firm attorney formerly represented the plaintiff in a different crash case that has become an issue in the current one, the plaintiff told a Florida federal court Thursday.

  • February 15, 2024

    4E Agent Floats Plan To Hand Disputed Atty Fees To Creditors

    The Chapter 11 agent for hand sanitizer maker 4E Brands Northamerica LLC has asked a Texas bankruptcy judge to approve a modified reorganization plan that would allow unsecured creditors to recover fees that Jackson Walker LLP may be forced to disgorge over an ethics scandal involving a former partner.

  • February 15, 2024

    LA Attorney Says The Barnes Firm Owes Him About $6M

    In litigation related to the now-defunct personal injury giant Cellino & Barnes, a California attorney is arguing that successor law firms defrauded him during severance negotiations and now owe him about $6 million.

  • February 15, 2024

    Stanford Prof Must Pay Atty Fees In Dropped Defamation Suit

    A Stanford University professor who sued critics of his renewable energy research must pay more than $500,000 in attorney fees despite dropping the litigation, the D.C. Court of Appeals ruled Thursday.

  • February 15, 2024

    Ex-Employer Blasts Lewis Brisbois Partner's Immunity Claim

    A Houston lawyer and his firm, Berg & Androphy, are urging a Texas state court to reject an attempt by a former employee and current partner with Lewis Brisbois Bisgaard & Smith LLP to avoid $457,190 in potential sanctions for allegedly harassing Berg & Androphy with years of legal fights over back wages.

  • February 15, 2024

    Petition Watch: Classes, Litigation Changes & Fraud Theories

    The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.

  • February 15, 2024

    Trump Prosecutor Blasts DQ Bid: 'Contrary To Democracy'

    Fulton County, Georgia, District Attorney Fani Willis delivered fiery testimony Thursday during a hearing seeking to have her office removed from the election interference case of Donald Trump and his allies, forcefully denying an improper relationship with a special prosecutor tapped for the high-profile case.

  • February 15, 2024

    Ex-McElroy Deutsch CFO Charged With $1.5M Theft From Firm

    McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer has been hit with criminal charges in New Jersey state court alleging he embezzled more than $1.5 million from the firm over a five-year period in unauthorized compensation and company credit card charges for personal expenses, prosecutors said Thursday.

  • February 15, 2024

    1st Circ. Says Atty's Absence No Reason To Toss RICO Case

    The First Circuit has said a Boston federal judge's decision to dismiss a civil racketeering lawsuit after the plaintiff's counsel missed a hearing was an unwarranted rush to the "draconian sanction," which should be reserved for more extreme misconduct.

  • February 15, 2024

    Trump Gets March 25 Trial Date In NY Hush Money Case

    The Manhattan district attorney's hush money case against Donald Trump is on track to be the first of the former president's four criminal matters to go to trial, after a state judge on Thursday denied his motion to dismiss the charges and confirmed a March 25 date for jury selection.

  • February 14, 2024

    Telecom Confusion Caused $56M Damages, Conn. Judge Told

    A telecommunications company's confusion about bankruptcy law played a key role in the disintegration of a contract for Los Angeles telephone switching equipment and related telecom services, a company seeking $56 million told a Connecticut state judge on Wednesday as a bench trial kicked off in the 14-year-old case.

  • February 14, 2024

    What's Left Of Judge Newman's DC Suit Likely Won't Go Far

    A D.C. federal judge may be allowing suspended U.S. Circuit Judge Pauline Newman to pursue a handful of arguments over the constitutionality of the Judicial Conduct and Disability Act, but attorneys told Law360 they aren't convinced those claims will fare any better than those already dismissed by the court.

  • February 14, 2024

    Atty Fighting Sanctions Not Blameless, Mich. Justices Told

    A Michigan defense attorney's arguments for why he should escape sanctions contain "several important inaccuracies and deficiencies," plaintiffs in an underlying real estate dispute have told the state Supreme Court in a brief, arguing that the attorney cannot escape being held jointly and severally liable along with previous defense counsel.

  • February 14, 2024

    Energy Co. Says Tribal Court Being Used To Duck $12M Award

    Merit Energy Operations is asking a federal district court to block two Wyoming tribes from using the tribal judicial system to vacate a $12.6 million arbitration award against them, saying the move is a blatant attempt to escape the ultimate result in the case.

  • February 14, 2024

    NJ Law Firm Beats Malpractice Claims Over Real Estate Deal

    A New Jersey state appeals court on Wednesday refused to revive legal malpractice claims against a law firm over its involvement in a botched real estate transaction, ruling that the lack of an expert report doomed the lawsuit because the claims were too intricate to be common knowledge.

  • February 14, 2024

    March Trial Set For Samsung Claims Against Ex-IP Attys

    A Texas federal judge has backed a magistrate judge's recommendation to resolve Samsung's claims of misconduct against two of its former in-house intellectual property attorneys through a bench trial.

  • February 14, 2024

    OECD Chief Claims No Knowledge Of Aussie PwC Breaches

    The OECD's top official had no knowledge of PwC Australia's breaches of confidentiality when he took equity in its former CEO's consulting firm that he relinquished when the existence of the equity became public knowledge, his spokesperson told Law360.

  • February 14, 2024

    Trump Prosecutor Asks Justices To Pass On Immunity Issue

    Special counsel Jack Smith urged the U.S. Supreme Court on Wednesday to reject former President Donald Trump's request for a stay of his federal election interference case, arguing that there's no merit to Trump's "radical claim" he is immune from prosecution, and that the public deserves a prompt verdict.

  • February 14, 2024

    'Rust' Armorer, Atty Responsible For Text Leak, Judge Rules

    A New Mexico judge declined Wednesday to dismiss the involuntary manslaughter case against "Rust" film weapons expert Hannah Gutierrez-Reed, finding that she and her attorney are to blame for a leak of their private cellphone communications.

  • February 14, 2024

    Chicago Eatery Biz Exec's Bid For Atty Privilege Challenged

    Investors in Chicago restaurant Maple & Ash told an Illinois court that a principal at the eatery's management firm wrongly acted as a lawyer in their corporate theft lawsuit against the firm, saying he inappropriately seeks to assert attorney-client privilege over 6,000 documents in the suit.

  • February 14, 2024

    BCLP Can Fight Atlanta Firm's Fee Garnishing Request

    Bryan Cave Leighton Paisner LLP can now appeal a trial court's ruling ordering the firm to return just over $125,000 in connection to a dispute between an Atlanta attorney and an airport travel spa operator, a Georgia state appellate court ruled Wednesday.

  • February 14, 2024

    TMZ Ordered To Pay $300K In Atty Fees Over Bus Tour Case

    A California federal judge on Monday ordered TMZ to reimburse a Hollywood bus tour operator almost $300,000 in attorney fees after the operator convinced the court to vacate an arbitration award favoring the celebrity news provider based on an arbitrator's failure to disclose relevant information.

  • February 14, 2024

    Atty For Ex-Trump Official Accused Of Leaking Deposition

    The plaintiff in a federal fraud suit against a former Trump administrative State Department official and a Philadelphia attorney wants the defendants' attorney sanctioned and tossed from the case after the attorney allegedly shared depositions marked confidential with a third-party witness.

Expert Analysis

  • Series

    Writing Thriller Novels Makes Me A Better Lawyer

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    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.

  • What Lawyers Must Know About Calif. State Bar's AI Guidance

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    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.

  • Industry Must Elevate Native American Women Attys' Stories

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    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.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    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.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    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.

  • Key Takeaways From DOJ's Recent FARA Advisory Opinions

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    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.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    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.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    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.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    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.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    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.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

  • Finding Focus: Strategies For Attorneys With ADHD

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    Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.

  • Attorneys, Law Schools Must Adapt To New Era Of Evidence

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    Technological advancements mean more direct evidence is being created than ever before, and attorneys as well as law schools must modify their methods to account for new challenges in how this evidence is collected and used to try cases, says Reuben Guttman at Guttman Buschner.

  • 1st Tax Easement Convictions Will Likely Embolden DOJ, IRS

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    After recent convictions in the first criminal tax fraud trial over allegedly abusive syndicated conservation easements, the IRS and U.S. Department of Justice will likely pursue other promoters for similar alleged conspiracies — though one acquittal may help attorneys better evaluate their clients' exposure, say Bill Curtis and Lauren DeSantis-Then at Polsinelli.

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