Legal Ethics

  • April 02, 2024

    Conn. Firm Defends Infant Death Probe In Sanctions Feud

    A Connecticut firm is defending its investigation leading up to filing to a product liability lawsuit against two companies it claims produced and sold an infant lounger linked to a number of baby deaths, asking a Connecticut federal court to quash twin Rule 11 sanctions accusing it of pursuing frivolous claims.

  • April 02, 2024

    Prosecutors Call Indicted Exec's Misconduct Claims 'Flawed'

    Prosecutors have asked a California federal judge to reject a bid for sanctions by a former healthcare CEO indicted on novel insider trading charges, arguing that his claims related to a separate case are based on "flawed grounds."

  • April 02, 2024

    NFL Rips 'Unnecessary' Compel Motion In Sunday Ticket Spat

    The NFL pushed back against the plaintiffs' efforts to revisit discovery documents in an antitrust class action over the league's Sunday Ticket broadcast package, arguing the motion to compel is a "manufactured and unnecessary dispute" over a discovery process that ended two years ago.

  • April 02, 2024

    Major Lindsey Accused Of Targeting Atty Who Sued Troutman

    Legal recruiter Major Lindsey & Africa was hit with a lawsuit on Tuesday claiming it internally "blackballed" a midlevel associate who sued Troutman Pepper for racial discrimination, thereby putting the lie to Major Lindsey's "claims to champion diversity" and making the firm an "accomplice" to "systemic race discrimination" in the legal industry.

  • April 02, 2024

    McCarter & English's Client Contract Win Heads To Mediation

    The law firm McCarter & English LLP will hold settlement talks in June with an ex-client who has already lost a jury trial over $2 million in unpaid legal bills and potentially faces $3.6 million in punitive damages after an anticipated decision by Connecticut's highest court, a federal magistrate judge ruled Tuesday.

  • April 02, 2024

    Adams And Reese Can't Use Free Speech Law To Avoid Suit

    In finding that a Texas free speech law does not shield Adams and Reese LLP from a malpractice suit brought by an electrical subcontractor, a state appellate court said Tuesday that it was the law firm's alleged "failures to communicate" that is at issue.

  • April 02, 2024

    Boston Bomber Case Offers Clues For Trump Jury Selection

    A recent ruling that may undo the Boston Marathon bomber's death sentence holds lessons for Donald Trump's upcoming trials, where attorneys will need to make prospective jurors comfortable enough to admit bias before they're picked — and potentially avoid years of appellate fights.

  • April 02, 2024

    Ex-Trustees Urge Ga. High Court To Take On Legal Fee Spat

    Former trustees of a furniture tycoon's trust have asked the Georgia Supreme Court to rule that the trust has a duty to defend them against claims from the trust beneficiaries, arguing that this "appeal has implications for every indemnitee/insured" in the state.

  • April 02, 2024

    Law Firm Can't Make Atty Arbitrate Pay Spat, NC Panel Rules

    A local law firm can't force a former shareholder to arbitrate his suit alleging he was stiffed on pay, the North Carolina Court of Appeals ruled Tuesday, saying it would be a stretch to find his claims stem from two side agreements containing arbitration clauses.

  • April 02, 2024

    Cole Scott Beats DQ Bid Over Partner's Past Work

    The plaintiff in a car wreck injury lawsuit cannot disqualify Cole Scott & Kissane PA defense counsel from the case, a Florida federal judge has determined, finding that a firm partner's previous representation of the plaintiff in a separate suit was not enough of a connection to warrant the firm's removal.

  • April 02, 2024

    100-Plus Groups Rally Behind Adeel Mangi For 3rd Circ.

    Over 100 federal and state advocacy groups sent a letter to senators on Tuesday urging them to support Adeel Mangi, nominee for the Third Circuit, who would be the first Muslim federal appellate judge if confirmed, amid increasing opposition to him.

  • April 01, 2024

    Trump's Gag Order Expands Over 'Attacks' On Judge's Family

    Donald Trump has a constitutional right to respond to alleged political attacks, but he does not have a right to attack family members of the state judge overseeing his criminal case in New York, the judge ruled late Monday, expanding the former president's gag order in his hush money case.

  • April 01, 2024

    L'Oreal Wins Toss Of Trade Secret Suit Over Misconduct

    A California federal judge tossed long-running trade secrets litigation against L'Oreal on Friday, saying that a hair coloring startup's misconduct in the case "casts doubt on the veracity and integrity of all evidence" and that axing the suit altogether is the "only appropriate sanction."

  • April 01, 2024

    Ga. Judicial Watchdog Wants Probate Judge Off The Bench

    A three-member panel of Georgia's Judicial Qualifications Commission has recommended a Douglas County probate judge be removed from the bench following accusations that she violated the state's Code of Judicial Conduct on social media and jailed a woman seeking to amend her marriage record.

  • April 01, 2024

    Nat'l Security Info Ordered Sealed In $12M Somali Fraud Case

    A Maryland federal judge has ordered protocols to seal confidential State Department materials amid the government's criminal fraud case charging a Maryland lawyer with misappropriating more than $12 million in Somali state assets.

  • April 01, 2024

    Loophole Ties Conn. Firm To Home Sale Row, Judge Told

    A narrow exception to Connecticut's unfair trade practices law means an estate lawyer can be sued over how his firm handled money after the seller of a Vermont home suddenly died and his significant other was left in the lurch, an attorney for the girlfriend told a Connecticut judge on Monday.

  • April 01, 2024

    Shell Ordered To Hand Over Docs In Conn. Climate Dispute

    Shell Oil Co. must hand over several documents by the end of April in litigation concerning the company's alleged failure to take into account climate change risks at a fuel storage facility in New Haven, Connecticut, a federal magistrate judge has ruled in an attempt to end the parties' long-running discovery dispute.

  • April 01, 2024

    Kirkland Atty Escapes Malpractice Suit Over Loan Docs

    A Kirkland & Ellis LLP attorney has secured an early win in a legal malpractice case alleging he botched an estate planning matter and lost his client millions in a later divorce, with a New Jersey federal court finding the client couldn't prove "proximate causation" of alleged damages in light of her subsequent divorce settlement.

  • April 01, 2024

    Judge Won't Make EEOC Pay Atty Fees For Unsuccessful Suit

    The U.S. Equal Employment Opportunity Commission doesn't have to pay a Georgia hospital's attorney fees after jurors found in favor of the medical center on disability bias claims, a federal judge ruled, saying the jury's siding with the hospital didn't make the agency's suit frivolous.

  • April 01, 2024

    Murdaugh Gets 40 Years For Financial Crimes In Fed. Court

    Alex Murdaugh, the disgraced former South Carolina lawyer serving a life sentence for murder, was hit with a concurrent 40-year prison term in federal court Monday after pleading guilty to stealing at least $9 million from clients.

  • April 01, 2024

    Schumer Warns Texas Court Not To Continue Judge Shopping

    The U.S. Senate will consider legislation to curtail judge shopping after the Northern District of Texas' chief judge rejected calls for the district to take steps to end the "odious" practice on its own, the Senate leader said Monday.

  • April 01, 2024

    Immigration Atty Can't Challenge Suspension For Phone Use

    An immigration attorney can't challenge her suspension before the Board of Immigration Appeals for refusing to stop using her phone in court, as a North Carolina federal judge has found the case moot because she failed to show how her reputation has continued to be harmed.

  • April 01, 2024

    NJ Courts Get Out Of Suit Alleging Ex-Judge Harassed Official

    The New Jersey Administrative Office of the Courts has gotten out of a lawsuit from a municipal court administrator alleging she was sexually harassed by a former municipal court judge, arguing that the woman was never an employee of the office.

  • April 01, 2024

    Staten Island Firm Must Face Hostile Work Environment Claim

    A New York federal judge has partially dismissed an employment discrimination suit against a State Island law firm, nixing discrimination and retaliation claims brought by a Black former office manager while allowing claims over the firm's allegedly hostile work environment to proceed to trial.

  • April 01, 2024

    Fla. Atty Can't Escape $300K COVID Relief Fraud Conviction

    A Florida attorney fell short in trying to nix her conviction for conspiracy to commit wire fraud when a Georgia federal court found the jury heard and saw a "plethora" of evidence to show she submitted fraudulent loan applications in an effort to obtain money meant to help small businesses during the COVID-19 pandemic.

Expert Analysis

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Ethics Issues For Mainland Firms Involved In Maui Fire Suits

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    Before law firms located outside of Hawaii represent clients affected by the Lahaina wildfires, they must be aware of local ethics rules and regulatory gray areas, as any any ethical missteps could have major ramifications for the firm's practice in its home jurisdiction, says Ryan Little at Klinedinst.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Attorneys Using AI Shouldn't Worry About Waiving Privilege

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    As large language models become more advanced, attorneys may be concerned that sending confidential data to companies like OpenAI risks waiving attorney-client or work-product privilege, but there’s nothing about such tools that would negate the reasonable expectation of privacy, say John Tredennick and William Webber at Merlin.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • NJ Justices Clarify Bribery Law Scope, But Questions Remain

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    The New Jersey Supreme Court’s recent State v. O'Donnell decision clarified that the state’s bribery law unambiguously applies to candidates for public office, but there are still unresolved questions about how the ruling may affect lobbyists, undeclared candidates and political speech, says Scott Coffina at Pietragallo Gordon.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • Trump's 'I Thought I Won' Jan. 6 Defense Is Unlikely To Prevail

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    Since being indicted for his alleged attempts to overthrow the 2020 presidential election, former President Donald Trump’s legal team has argued that because he genuinely believed he won, his actions were not fraudulent — but this so-called mistake of fact defense will face a steep uphill battle for several key reasons, says Elizabeth Roper at Baker McKenzie.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How Judicial Privilege Shields Attys Facing Wiretap Violations

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    A recent ruling from the Commonwealth Court of Pennsylvania, as well as past rulings across the country, indicates that the judicial privilege is applicable to alleged violations of wiretapping laws, so attorneys presented with audio evidence beneficial to their case should not fear being sued, says David Scott at Kang Haggerty.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

  • How To Recognize And Recover From Lawyer Loneliness

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    Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.

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