Legal Ethics

  • April 08, 2024

    Trump Can't Move Hush Money Trial, NY Appeals Judge Says

    A New York appellate judge on Monday denied Donald Trump's request to halt his upcoming hush money trial due to what the former president cast as a hopelessly biased jury pool in Manhattan, as he awaited a hearing on his separate bid to lift a gag order.

  • April 05, 2024

    Higher Election Target For Colo. Judges Inches Ahead

    A proposed ballot initiative that would require Colorado state judges get 55% of votes to keep their seats, rather than the simple majority required currently, cleared another hurdle when the state Title Board approved the ballot's title and language.

  • April 05, 2024

    Judge Newman Pushes To Keep Suit Over Suspension Intact

    U.S. Circuit Judge Pauline Newman urged a D.C. federal judge Friday to let her pursue a constitutional challenge to the law under which she has been suspended, and to reject her colleagues' contention that her case does not pass legal muster.

  • April 05, 2024

    Flat-Fee Representation Fuels Man's Bid To Avoid Execution

    As his execution date approaches on April 9, Brian Joseph Dorsey, who was sentenced to death for first-degree murder in Missouri, has asked the U.S. Supreme Court to find that his trial attorneys' flat-flee contracts resulted in inadequate legal representation that has left him doomed to die.

  • April 05, 2024

    Ex-Client Says NJ Atty To Blame For Shoddy Pandemic Deal

    A woman suing her former attorneys for allegedly forcing her into an unfavorable deal in a medical malpractice suit has urged a New Jersey state court not to dismiss claims against one of the attorneys, reiterating to the court that both attorneys were responsible for her botched case.

  • April 05, 2024

    Conn. Fraudulent Property Transfer Suit Against Atty Resolved

    A New York doctor and the real estate attorney and developer he accused of transferring his Fairfield, Connecticut, property to benefit a scammer have resolved a federal lawsuit, agreeing to quiet the title and dismiss all other causes of action, following the reported settlement of a separate state court action.

  • April 05, 2024

    Calif. Judge Faces Two New Ethics Charges

    A California state judge facing a plethora of ethics charges is now facing additional allegations related to his participation in an online debate and comments he made during a court hearing.

  • April 05, 2024

    Attys Ask 2nd Circ. To Affirm Ruling In Psychiatry Prof's Death

    Attorneys cleared of any wrongdoing in New York federal court in the death of renowned psychiatry professor Judith Brook in their capacity as court-appointed temporary guardians urged the Second Circuit this week to affirm a lower court's holding that temporary guardians are not state actors subject to federal jurisdiction.

  • April 05, 2024

    Judge Wary Of Foley & Lardner Exit Bid From SEC Suit

    A request by Foley & Lardner LLP attorneys to stop representing a Malta-based registered investment adviser in a $75 million suit by the U.S. Securities and Exchange Commission is hanging in the balance after a North Carolina federal judge expressed concerns about their exit holding up the case.

  • April 05, 2024

    Texas Justices Reverse Course In Atty Sex Tape Dispute

    The state's high court on Friday backpedaled on an earlier decision declining to intervene in a dispute between a woman and a Houston attorney she is suing over a video she says may contain child sexual abuse, agreeing to rehear her bid for relief from a court order governing the video.

  • April 05, 2024

    Reger Rizzo Hit With Race, Gender Bias Suit By Ex-Employee

    Reger Rizzo & Darnall LLP has been sued in Pennsylvania federal court by a former firm legal assistant alleging racial and sex discrimination, and claiming that a hostile, harassing and retaliatory work environment caused her to leave her job.

  • April 05, 2024

    NC High Court Snapshot: Law Firm Battles Defamation Suit

    The Supreme Court of North Carolina has a stacked calendar heading into spring arguments, from an appeal over Black-owned properties targeted for demolition to a law firm's attempt at dodging defamation claims over allegations of voter fraud.

  • April 05, 2024

    Beck Redden Beats Disbarred Atty's Texas Malpractice Suit

    A Texas federal judge granted Beck Redden LLP's request to end a malpractice suit against it from a disbarred attorney and former firm client who alleged the firm waived his right to a jury trial.

  • April 05, 2024

    Judge Won't Recuse Herself From Doctor's NBA Fraud Trial

    A Manhattan federal judge has refused to step away from the case of a Seattle doctor accused of participating in a scheme to defraud the National Basketball Association's health plan, saying there was "no basis" for his bid to oust her after he took issue with the trial schedule and what he described as systemic barriers.

  • April 05, 2024

    Wisconsin Bar Tweaks Diversity Definition Amid Bias Suit

    The State Bar of Wisconsin has erased a legal challenge related to its diversity clerkship program following a revision of its definition of diversity, though the federal case will continue over dues collections.

  • April 05, 2024

    Chinese Insurer Awarded Nearly $15M Over Hotel Theft Suit

    A California federal judge awarded a Chinese insurer nearly $15 million in damages after a man accused of conspiring to fraudulently claim ownership of New York City's JW Marriott Essex House Hotel and other luxury properties failed to appear in the action.

  • April 04, 2024

    9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor

    The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.

  • April 04, 2024

    Young Thug Can't DQ Prosecutor Over Questions To Witness

    An Atlanta judge on Thursday denied a motion to disqualify the lead prosecutor in the racketeering trial against rapper Young Thug and five others after weighing claims that she had made herself a witness, according to defense counsel.

  • April 04, 2024

    Caterpillar 'Talking Out Both Sides,' Judge Says

    A Delaware federal judge chastised Caterpillar Inc. ahead of trial in a series of orders mostly siding with claims from a defunct construction equipment supplier accusing the company of pressuring an online auctioneer to break an important contract with the would-be competitor.

  • April 04, 2024

    Depo Conflicts Mean Pretrial Win In Malpractice Suit, Attys Say

    A Texas state court judge on Thursday said he needed to more closely review the prior deposition of a man who claimed his Houston-area property was flooded by Hurricane Harvey and Tropical Storm Imelda before deciding whether to grant a pretrial win to a law firm the man accused of botching his damage claim.

  • April 04, 2024

    John Eastman Says Inactive Status Hampers Livelihood

    Former Donald Trump attorney John Eastman asked the State Bar Court of California on Wednesday to delay placing him on inactive enrollment while he appeals the recommendation for his disbarment, saying he can't sustain the loss of his livelihood representing clients like Matt Gaetz and Marjorie Taylor Greene.

  • April 04, 2024

    NC Tax Fraud Trial Evidence Bids Get Lukewarm Reception

    A North Carolina federal judge on Thursday seemed reluctant to limit certain evidence against two attorneys and an insurance agent in their upcoming tax fraud trial, saying some of it seemed pertinent to the government's quest to prove intent but suspected other information might be construed by jurors as "petty."

  • April 04, 2024

    Ex-NY Court Atty Found Guilty Of Official Misconduct

    A New York state jury on Thursday found a former appeals court attorney guilty of official misconduct for using her position to provide a legal opinion that helped her husband and his law firm secure a $55,000 payment from a new client.

  • April 04, 2024

    GRSM50 Accused Of Letting Detroit Hotel Hide Evidence

    Former workers at an upscale Detroit hotel suing over their firings urged a Michigan federal judge on Wednesday to sanction the club and disqualify its attorneys at Gordon Rees Scully Mansukhani LLP, alleging it is likely they helped withhold documents and try to intimidate witnesses.

  • April 04, 2024

    Judge Recuses Herself From Cartel Case Over Exxon Stock

    A Nevada federal judge has recused herself from a batch of antitrust lawsuits claiming U.S. shale oil producers colluded with OPEC to drive up prices at the pump, citing her ownership of a "significant" amount of Exxon Mobil Corp. stock.

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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