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Legal Ethics
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September 05, 2025
Atty Can't Duck ID Theft Conviction Over High Court Ruling
A 2023 U.S. Supreme Court ruling narrowing the definition of aggravated identity theft may not be used to vacate a former attorney's prison sentence for a mortgage fraud scheme, a Massachusetts federal judge ruled Thursday, denying a request to throw out his plea deal and order a new trial.
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September 05, 2025
Ex-Mass. Trial Court Chief Justice Tapped As DA Integrity Chief
A longtime Massachusetts superior court judge and retired chief justice of the state's trial court has been named chief of the Suffolk County, Massachusetts, Integrity Review Bureau, tasked with investigating and reviewing potential wrongful convictions by the Boston-area district attorney's office.
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September 05, 2025
Ex-Bankruptcy Clients Defend Deal Over Jackson Walker Affair
Former Jackson Walker LLP bankruptcy clients said Friday that a proposed settlement meant to resolve a dispute regarding the concealed romance between a judge and attorney should go through as planned because the U.S. Trustee lacks jurisdiction to challenge the deals.
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September 05, 2025
3rd Circ. Says Atty Needs Client OK To Admit Crime Elements
The Third Circuit has upheld a New Jersey man's conviction for unlawfully possessing a firearm as a felon, ruling that his lawyer could not admit part of the crime on his behalf when the client himself objected.
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September 05, 2025
Pa. Atty Suspended 2 Years Over Relationships With Clients
A Greene County, Pennsylvania, criminal defense attorney had her license suspended for two years Thursday after the state's Disciplinary Board found that she'd had inappropriate romantic relationships with two incarcerated clients, and had secretly allowed one of them to listen in on a phone conversation with another attorney.
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September 05, 2025
Tribal Groups Urge Justices To Address Religious Violations
Three Native American advocacy groups are backing a former Louisiana prisoner's U.S. Supreme Court petition for damages after guards forcibly shaved his head, arguing that the case presents issues vital to Indigenous cultural survival.
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September 05, 2025
How A 'Risky' Move Fueled Kobre & Kim's Win Over Phillips 66
In the trial over Propel Fuels' claims that Phillips 66 stole trade secrets during due diligence for an acquisition, Kobre & Kim switched up standard witness order and convinced a jury to award $605 million.
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September 04, 2025
Geragos Strikes At $100K Verdict Over Nike Extortion Role
Celebrity attorney Mark Geragos asked a California judge to strike a $100,000 jury verdict that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike, saying award of damages without an underlying finding of liability "is impermissible as a matter of law."
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September 04, 2025
Colo. Developer Says Wash. Atty Botched Bankruptcy Case
A Colorado company has hit a law firm and one of its former bankruptcy attorneys with a legal malpractice suit in Washington federal court, alleging that the defendants' "negligence" caused the business to lose properties worth more than $5 million in its Chapter 11 case.
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September 04, 2025
Couple Say Mexico Timeshare Feud Belongs In State Court
A Michigan couple who sued a Mexican resort company in a fight over a timeshare contract is arguing that their case belongs in Florida state court, saying an underlying arbitration agreement calling for disputes to go to Canada cannot be heard in federal court.
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September 04, 2025
Admonished For 'Entitlement,' Pillsbury Atty Ducks Sanction
A Nevada federal judge opted against sanctions for Pillsbury Winthrop Shaw Pittman LLP partner Mark Krotoski, and instead issued a formal admonishment on the "entitlement" behind "misleading arguments and representations" about the reason an expert witness was unavailable during a wage-fixing and wire fraud trial.
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September 04, 2025
Atty Can't Duck TCPA Suit Over Camp Lejeune Calls
A North Carolina federal judge will not trim a proposed class action accusing a plaintiffs firm of making unsolicited calls to a number on the National Do Not Call Registry in an effort to secure a client in the Marine Corps Base Camp Lejeune toxic drinking water case, saying it doesn't matter if the lead plaintiff "invited" later calls.
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September 04, 2025
Employee Deposition Redo Ordered In Kimberly-Clark Bias Suit
The attorney for a former Kimberly-Clark employee pursuing discrimination claims against the paper goods company must foot the bill for his client's makeup deposition after he repeatedly violated court rules in the first interview, an Alabama federal judge has ruled.
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September 04, 2025
No Atty Sanctions After Failed Redaction In Gunmaker Lawsuit
A Connecticut federal judge has declined a gunmaker's bid to sanction a civil litigator who filed a document without proper redactions, finding that the error was inadvertent and did not meet the "high bar" necessary to run afoul of Rule 11 of the Federal Rules of Civil Procedure.
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September 04, 2025
OnlyFans' Parent Says AI-Tainted Briefs Are Unsalvageable
The online platform OnlyFans' parent company said that a bid to correct legal briefs in a proposed class action against the company should be denied, arguing that the decision to use artificial intelligence to create mistake-riddled documents is severe misconduct and the briefs should be struck instead.
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September 03, 2025
Atty's 'Highly Prejudicial Falsehood' Sparks Med Mal Retrial
A Pennsylvania appellate panel has overturned a patient's trial win in a medical malpractice suit over a foot amputation, saying plaintiff's counsel's "highly prejudicial falsehood" to the jury during opening statements "tainted the trial at its inception" and warranted a new trial.
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September 03, 2025
Dem Sens. Demand DOJ Fire Ex-FBI Agent Tied To Capitol Riot
A man who stormed the Capitol on Jan. 6, 2021, and previously worked at the FBI was hired to work in the "weaponization" group at the U.S. Department of Justice, and now Democrats are calling for his removal.
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September 03, 2025
Quinn Emanuel Looks To Shut Down Mexican Doc Bid
Quinn Emanuel has asked a Miami federal court to end a Mexican oil company's request for documents relating to three criminal proceedings and in one bankruptcy action, all pending in Mexico, arguing that the requested discovery may be conducted without the aid of U.S. courts.
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September 03, 2025
Patent Company Fights Baker Botts Atty's Bid To Trim Suit
A patent licensing company and its owner asked a Florida federal judge to reject a bid from a Baker Botts LLP attorney seeking to trim their defamation case, saying the motion was premature as discovery had not been completed.
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September 03, 2025
Morgan & Morgan Says Arbitration Right Call For Class Action
Morgan & Morgan PA urged a Georgia federal judge to reject a former client's bid to undo a ruling sending his proposed malpractice class action to arbitration, arguing his motion for reconsideration misrepresents the terms of his contract with the firm.
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September 03, 2025
NC Panel Revives Biotech Co.'s Legal Malpractice Case
A divided North Carolina appellate panel on Wednesday partially revived a biotech company's case accusing its former counsel of botching its defense in a $26 million defamation suit, finding the refiled complaint is not barred by the state's four-year statute of repose on legal malpractice claims.
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September 03, 2025
Lack Of Notice Bars Miami Real Estate Fraud Suit, Court Told
The city of Miami told a Florida appellate panel Wednesday that a resident's lawsuit alleging a real estate fraud conspiracy by city officials should be dismissed as untimely, saying the complaint was brought more than two years past the deadline for a required pre-suit notice under the Sunshine State's sovereign immunity law.
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Fla. Justices Ban Referrals Over Judicial Election Conduct
The Florida Supreme Court has signed off on a rule change the state bar sought that prohibits ethics referrals from judges about their opponents' conduct with respect to judicial elections.
Expert Analysis
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Series
Adapting To Private Practice: From DOJ Leadership To BigLaw
The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.
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Law Firm Executive Orders Create A Legal Ethics Minefield
Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.
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Firms Must Embrace Alternative Billing Models Or Fall Behind
As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.