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Legal Ethics
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January 21, 2025
Sex-Shaming Murder Conviction To Be Reviewed
The U.S. Supreme Court on Tuesday revived claims from a woman on death row in Oklahoma that prosecutors unfairly sex-shamed her and relied on gender-based stereotypes to convince a jury that she had killed her estranged husband for insurance money.
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January 17, 2025
Law360 Names Practice Groups Of The Year
Law360 would like to congratulate the winners of its Practice Groups of the Year awards for 2024, which honor the attorney teams behind litigation wins and significant transaction work that resonated throughout the legal industry this past year.
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January 17, 2025
Law360 Names Firms Of The Year
Eight law firms have earned spots as Law360's Firms of the Year, with 54 Practice Group of the Year awards among them, steering some of the largest deals of 2024 and securing high-profile litigation wins, including at the U.S. Supreme Court.
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January 17, 2025
Feds Drop Bribery, Fraud Suit Against Ex-New York Lt. Gov.
Federal prosecutors on Friday dropped a bribery and fraud suit accusing former New York Lt. Gov. Brian Benjamin of using his position to obtain state grant funds in exchange for campaign contributions, noting the death of a New York real estate lawyer who pled guilty as a cooperating witness in 2022.
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January 17, 2025
No Conflict In Judge's Friendship, John Deere, Farmers Say
John Deere and the farmers suing it in a right-to-repair suit said they have no concerns about the potential conflict of interest an Illinois federal judge flagged, saying there was "no reason" for the jurist to recuse himself, according to a joint letter filed by the parties.
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January 17, 2025
Epic Wary Of Apple's Privilege Claims As Doc Review Wraps
Epic Games' counsel took issue with the rising number of privilege assertions Apple is maintaining over its discovery documents in their ongoing antitrust compliance fight, telling a magistrate judge Friday he's "frankly surprised and concerned" by the sudden increase as Apple's privilege-assertion rereview draws to a close.
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January 17, 2025
Ga. Panel Won't Revive Nixed Charges Against Trump, Others
The Georgia Court of Appeals on Friday affirmed the dismissal of six counts in the state's election interference case against President-elect Donald Trump, former New York Mayor Rudy Giuliani and other co-defendants, upholding a trial judge's decision that the charges must be tossed for lack of detail.
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January 17, 2025
Meet The Key Players In Tom Goldstein's Tax-Crimes Case
The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.
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January 17, 2025
Firm Says Insurers Must Pay $2.6M Malpractice Suit Judgment
A Georgia personal injury firm said its professional malpractice insurers must cover a $2.6 million default judgment entered against the firm in a suit brought by a former client, telling a federal court that a Berkshire Hathaway unit's failure to act caused the adverse ruling.
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January 17, 2025
Philly Judge Rejects Ex-Kline & Specter Attorney's DQ Bid
A former Kline & Specter partner can't disqualify an attorney representing it from his lawsuit against the firm, a Philadelphia judge has determined, because he couldn't prove he had an attorney-client relationship with the lawyer before he resigned.
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January 17, 2025
Lowenstein Sandler Can Pursue Trimmed Dispensary Fee Suit
A New Jersey state court judge dismissed part of Lowenstein Sandler LLP's $800,000 fee suit against a cannabis dispensary former client Thursday and told the firm it must give the former client the notice of its right to resolve the fee dispute through arbitration.
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January 17, 2025
Insurer Tried To 'Embarrass' Cadwalader, NC Court Told
Cadwalader Wickersham & Taft LLP has accused a Lloyd's of London syndicate of attempting to "embarrass" the firm by publicly revealing the firm's data breach recoveries amid the insurer's bid to toss a coverage suit stemming from a 2022 hack.
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January 17, 2025
Ga. Law Firm Beats DQ Bid In FCA Suit Against Tool Co.
A Georgia federal judge has rejected a former tool company employee's bid to have a Smith Gilliam Williams & Miles PA attorney disqualified from representing the business in a False Claims Act suit, saying he failed to show that the attorney violated ethical rules to warrant his removal.
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January 17, 2025
Trump Opposes DA Willis' Bid To Return To Ga. Election Case
President-elect Donald Trump urged the Georgia Supreme Court on Friday not to review the state intermediate court's ruling that disqualified Fulton County District Attorney Fani Willis from prosecuting the Georgia election interference case.
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January 17, 2025
Ex-Pol's Atty Chided For Early Morning Sentencing Memo
The lawyer for a former Massachusetts state senator convicted of tax and pandemic aid fraud was scolded by a federal judge on Friday for filing a sentencing memo at 3:30 a.m. on the day of the hearing, then showing up late to court, forcing a postponement.
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January 17, 2025
Fla. Watchdog Seeks Judge Reprimand For Election Violation
Florida's judicial ethics watchdog has recommended that Circuit Court Judge Stefanie C. Moon, who presides in the family court in Broward County, be reprimanded for actions including discussing her reelection campaign on the bench and improperly contacting a witness.
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January 17, 2025
Attorney General Nominee Bondi Outlines Ethics Parameters
Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company.
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January 16, 2025
Atty Suspended Over Wrongful Imprisonment Case Fees
A Florida attorney accused of overcharging two intellectually disabled stepbrothers avoided disbarment when the New Jersey Supreme Court imposed a five-year suspension instead of opting for the permanent license revocation recommended by the court's disciplinary review board.
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January 16, 2025
Fed. Circ. Calls Newman's Constitutional Challenge 'Meritless'
The Federal Circuit Judicial Council urged the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's argument that the suspension her colleagues have imposed on her for refusing to participate in an investigation into her fitness to serve on the bench is unconstitutional.
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January 16, 2025
Trump AG Nominee Pam Bondi's Net Worth Tops $12M
President-elect Donald Trump's nominee for attorney general, Pam Bondi, has a net worth of over $12 million and holds stock in Trump's media company, according to financial disclosures shared with Law360.
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January 16, 2025
Baltimore Court Clerk Can Proceed With Bulk Of Bias Suit
A Maryland federal judge refused Thursday to toss the bulk of a lawsuit from a Black judiciary clerk, finding she put forward enough details to support her allegations that a circuit court acted out of bias when it suspended her without pay and barred her from earning overtime.
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January 16, 2025
Leon Black Rape Case Halted As Wigdor Faces Sanctions Bid
A Manhattan federal judge froze discovery Thursday in a sexual assault case against ex-Apollo Global Management CEO Leon Black to allow him to file a sanctions motion against the Jane Doe plaintiff and Wigdor LLP, pointing to sealed documents.
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January 16, 2025
Madigan Racketeering Case Will Go To Jury
The Illinois federal judge overseeing a criminal racketeering trial against former Illinois House Speaker Michael Madigan and his longtime friend and political ally made certain Thursday that the jury will deliberate and decide the case, rejecting severance and acquittal requests on the last day of evidence.
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January 16, 2025
Ex-Atty's Audit Rightly Tied To State Farm Fight, Panel Rules
State Farm and two clients were properly ushered into a case examining a disbarred attorney's trust accounts, a Connecticut appeals court ruled Thursday, shutting down the ex-lawyer's demand for $52,100 in purported attorney fees by upholding a judge's decision linking settlement payout, audit and ethics feuds under one docket.
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January 16, 2025
Fulton DA Willis Fights Subpoenas In Trump Case Probe
Fulton County District Attorney Fani Willis this week outlined her objections to subpoenas issued by a Georgia state Senate committee investigating her prosecution of President-elect Donald Trump, arguing they are overbroad, intended to embarrass her and "defunct" due to the swearing in of a new general assembly.
Expert Analysis
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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What Law Firms Should Know Amid Rise In DQ Motions
As disqualification motions proliferate, law firms need to be aware of the types of conflicts that most often lead to disqualification, the types of attorneys who may be affected and how to reduce their exposure to these motions, says Matthew Henderson at Hinshaw.
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Data Protection Steps To Consider After Biden Privacy Order
A recent White House executive order casts a spotlight on the criticality of securing sensitive content communications, presenting challenges and necessitating a recalibration of practices, especially for lawyers, says Camilo Artiga-Purcell at Kiteworks.
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Surveying Legislative Trends As States Rush To Regulate AI
With Congress unlikely to pass comprehensive artificial intelligence legislation any time soon, just four months into 2024, nearly every state has introduced legislation aimed at the development and use of AI on subjects from algorithmic discrimination risk to generative AI disclosures, say David Kappos and Sasha Rosenthal-Larrea at Cravath.
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How Duty Of Candor Figures In USPTO AI Ethics Guidance
The duty of candor and good faith is an important part of the artificial intelligence ethics guidance issued last week by the U.S. Patent and Trademark Office, and serious consequences can visit patent and trademark applicants who violate that duty, not just their attorneys and agents, says Michael Cicero at Taylor English.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Why Incorporating By Reference Is Rarely Good Practice
The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.