Legal Ethics

  • December 05, 2024

    Apple To Appeal Epic's Atty-Client Privilege Challenge Win

    Apple and Epic Games told a California federal judge Thursday that they've agreed on a protocol for a special master to re-review 57,000 documents that Apple claims are attorney-client privileged in their antitrust fight, while Apple added that it plans to appeal his finding that its privilege assertions over a sample were overbroad.

  • December 05, 2024

    DOJ Is Eyeing Foreign Patent Litigation Funding, GAO Says

    The U.S. Department of Justice is examining the role foreign countries might be playing in funding patent litigation in the U.S., the Government Accountability Office said in a report released Thursday exploring the benefits and pitfalls of the proliferation of third-party intellectual property litigation financing.

  • December 05, 2024

    Sanctioned VLSI Patent Challenger Must ID Members In Va.

    VLSI Technology LLC won a major victory Thursday in litigation where it's looking for compensation from a mysterious company it claims tried to "extort" it at the Patent Trial and Appeal Board, with a Virginia federal judge ordering that company to disclose its members.

  • December 05, 2024

    Basketball Fan's Race Bias Suit Tossed Over Delays

    A Colorado federal judge on Wednesday dismissed without prejudice a basketball fan's lawsuit claiming employees of the Denver Nuggets racially profiled him during a game, finding it was the appropriate course after the man's lawyer repeatedly failed to follow through on the case.

  • December 05, 2024

    Fed. Circ. Unlikely To Help Realtek Pursue ITC Sanctions

    A Federal Circuit panel seemed baffled Thursday as a K&L Gates attorney argued that the U.S. International Trade Commission wrongly stopped his client from pursuing sanctions, with the panel repeatedly noting that the semiconductor company wasn't even a party in the import dispute.

  • December 05, 2024

    Ex-Posner Staffer Asks Court To Allow Salary Suit To Proceed

    A former staffer suing retired U.S. Circuit Judge Richard Posner for $170,000 in back pay has rejected Judge Posner's claim that the suit is untimely, arguing the onetime Seventh Circuit jurist's conduct was so egregious that it's exempt from otherwise relevant statutes of limitations.

  • December 05, 2024

    Colo. Panel Sides With Cannabis Atty In Former Client's Suit

    The Colorado Court of Appeals ruled on Thursday that a cannabis attorney cannot be held liable for a former marijuana cultivator client's business failing when they violated land use rules because the attorney was no longer representing them at the time.

  • December 05, 2024

    Lowenstein Sandler Suit Gets New NJ Judge After DQ Request

    Lowenstein Sandler LLP has persuaded an Essex County Superior Court judge to recuse himself from the firm's $800,000 fee suit against a cannabis dispensary over social connections to the litigants and their counsel and had the case assigned to a new judge this week.

  • December 05, 2024

    Gossip, Not Pregnancy, Got Secretary Fired, Court Told In Ga.

    A Georgia county and the chief judge of its juvenile court are asking a Georgia federal court for an early dismissal of a suit alleging they fired a secretary because she became pregnant, arguing she was instead fired for spreading a false rumor after being reprimanded.

  • December 05, 2024

    Combs Demands Court Inquiry Into Copied Jail Notes

    Sean "Diddy" Combs urged a Manhattan federal judge to hold a special hearing and consider dismissing his sex-trafficking indictment after staff at the Metropolitan Detention Center photographed his allegedly privileged, handwritten notes during a sweep of the prison and sent them to prosecutors, who he says used the information to argue against bail.

  • December 05, 2024

    Smith Gambrell And Data Breach Victims Agree To Suit's End

    International law firm Smith Gambrell & Russell LLP and two data breach victims have agreed to end a proposed class action against the firm in California federal court.

  • December 05, 2024

    Small Mass. Law Firm Settles Ex-Client's Data Breach Case

    A small Massachusetts law firm has settled a proposed class action accusing it of negligence leading to a 2022 data breach, a Boston federal magistrate judge said Thursday.

  • December 04, 2024

    Keesal Young Sued Over Data Breach Affecting 316K People

    Law firm Keesal Young & Logan failed to secure Social Security and passport numbers, medical information and other sensitive personal information of over 316,000 people and waited more than five months to inform potential victims of the data breach, a proposed class action filed Tuesday in California federal court alleges.

  • December 05, 2024

    CORRECTED: No Error In RICO Dismissal, Softek Tells Court

    A computer management company sued by the Modoc Nation in a $14.6 million breach of contract suit has urged an Oklahoma federal judge to deny the tribe's request that he reconsider his opinion tossing racketeering claims against the company. Correction: A previous version of this article's headline mischaracterized the judge's opinion on the RICO claim. The error has been corrected.

  • December 04, 2024

    Live Nation Shields Legal Strategy Emails From DOJ Scrutiny

    A Manhattan federal judge rejected the U.S. Department of Justice's bid to see emails between Live Nation Entertainment Inc. lawyers and counsel for arena operator Oak View Group, holding Wednesday that these communications discussed a joint legal strategy for the government's antitrust investigation.

  • December 04, 2024

    $486M Djibouti Award Fight Settled In DC

    A port operator has agreed to end litigation to enforce a $486 million arbitral award issued against Djibouti, several months after the D.C. Circuit ruled that Quinn Emanuel Urquhart & Sullivan LLP would have to prove it had authority to represent the company.

  • December 04, 2024

    Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties

    U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.

  • December 04, 2024

    Rep. Raskin's Judiciary Hopes Rise After Nadler Drops Out

    Rep. Jamie Raskin of Maryland is one step closer to becoming the top Democrat on the House Judiciary Committee, after New York Rep. Jerry Nadler dropped his bid for the job on Wednesday.

  • December 04, 2024

    Alex Jones Atty Needs 30-Day Suspension, Ethics Boss Says

    The lead Connecticut attorney in Infowars host Alex Jones' Sandy Hook defamation trial should be suspended for 30 days for directing a subordinate to transmit the victims' personal medical records to other Jones attorneys, the state's legal ethics watchdog said Wednesday.

  • December 04, 2024

    Trump Asks Ga. Appeals Court To End Election Prosecution

    President-elect Donald Trump moved Wednesday to scuttle the last pending criminal charges against him, telling the Georgia Court of Appeals it's time to end the election interference case against him as he prepares to return to the White House next year.

  • December 04, 2024

    DeSantis Says Ousted Fla. Atty's Election Loss Dooms Case

    Florida Gov. Ron DeSantis and a state attorney he suspended made competing pitches to the Eleventh Circuit this week over whether the ousted prosecutor's First Amendment lawsuit is now moot since he lost his bid for reelection last month.

  • December 04, 2024

    Ex-Trump Atty Chesebro Looks To Invalidate Ga. Plea Deal

    Kenneth Chesebro, a former attorney for President-elect Donald Trump and one of four Trump co-defendants to strike a plea deal with Georgia prosecutors, sought to overturn his agreement in a filing on Wednesday.

  • December 04, 2024

    Atty Can't Go After Music Industry Vet's Son In Estate Spat

    A New Jersey federal judge has tossed an attorney's lawsuit alleging the son of music industry figure Solomon "Kal" Rudman maliciously used the legal process, finding that the lawyer can't pursue the claims after he "intentionally and unequivocally relinquished his right" to seek damages during a related case.

  • December 04, 2024

    Texas High Court Suggests Atty Discipline Case Is Too Old

    The Texas Supreme Court on Wednesday appeared sympathetic to a lawyer's claim that suspending her now for misconduct that occurred in Illinois in 2017 is barred by a four-year limitations statute and unfair.

  • December 04, 2024

    Foley & Lardner Gets Pro-Palestinian Atty's Suit Pared Down

    A former Foley & Lardner LLP summer associate who says the firm rescinded an employment offer over her public support for Palestinians saw part of her suit dismissed this week, with an Illinois federal judge finding that the firm never promised to hire her regardless of what kinds of activism she took part in.

Expert Analysis

  • 4 PR Pointers When Your Case Is In The News

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    Media coverage of new lawsuits exploded last year, demonstrating why defense attorneys should devise a public relations plan that complements their legal strategy, incorporating several objectives to balance ethical obligations and advocacy, say Nathan Burchfiel at Pinkston and Ryan June at Castañeda + Heidelman.

  • Why Fed. Circ. Affirmed Attorney Fee Award In PersonalWeb

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    A recent Federal Circuit decision to leave a $5.2 million fee award in place in the PersonalWeb patent case underscores district courts' discretion to sanction unreasonable arguments and litigation tactics under the U.S. Code's attorney fee provision, say attorneys at Shearman. 

  • Law Firm Strategies For Successfully Navigating 2024 Trends

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    Though law firms face the dual challenge of external and internal pressures as they enter 2024, firms willing to pivot will be able to stand out by adapting to stakeholder needs and reimagining their infrastructure, says Shireen Hilal at Maior Consultants.

  • The Most-Read Legal Industry Law360 Guest Articles Of 2023

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    A range of legal industry topics drew readers' attention in Law360's Expert Analysis section this year, from associate retention strategies to ethical billing practices.

  • Attorneys' Busiest Times Can Be Business Opportunities

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    Attorneys who resolve to grow their revenue and client base in 2024 should be careful not to abandon their goals when they get too busy with client work, because these periods of zero bandwidth can actually be a catalyst for future growth, says Amy Drysdale at Alchemy Consulting.

  • In The World Of Legal Ethics, 10 Trends To Note From 2023

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    Lucian Pera at Adams and Reese and Trisha Rich at Holland & Knight identify the top legal ethics trends from 2023 — including issues related to hot documents, artificial intelligence and cybersecurity — that lawyers should be aware of to put their best foot forward.

  • Opinion

    Animal Rights Are About Saving Nature, And Our Own Future

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    The climate crisis makes it clear that animal law — conceived of as an ecocentric approach to protecting the most vulnerable nonhumans who depend on the natural environment — is essential to restoring the Earth and safeguarding the future of humanity, says Carter Dillard at the Fair Start Movement.

  • The Ethics Of Accepting Advanced Legal Fees In Crypto

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    State and local bar associations have been weighing in on whether attorneys may accept cryptocurrency as a form of payment in advance of providing legal services, but the answer is frequently a fact-specific inquiry that demands close reading of the rules of professional conduct, say Matthew Feinberg and Jeffrey Cunningham at Goldberg Segalla.

  • How Attorneys Can Be More Efficient This Holiday Season

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    Attorneys should consider a few key tips to speed up their work during the holidays so they can join the festivities — from streamlining the document review process to creating similar folder structures, says Bennett Rawicki at Hilgers Graben.

  • 5 Gifts That May Run Afoul Of Government Ethics Rules

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    As the holiday season ramps up, it’s essential to keep in mind that government officials and employees are all subject to specific gift rules, and related violations can lead to consequences far worse than coal in one’s stocking, say Mark Renaud and Rob Walker at Wiley.

  • 3 Defense Takeaways From The Bankman-Fried Trial

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    FTX founder and former CEO Sam Bankman-Fried’s recent fraud conviction offers several key lessons for future white collar defendants, from the changing nature of cross-examination to the continued risks of taking the stand, say Jonathan Porter and Gregg Sofer at Husch Blackwell.

  • Series

    Children's Book Writing Makes Me A Better Lawyer

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    Becoming a children's book author has opened doors to incredible new experiences of which I barely dared to dream, but the process has also changed my life by serving as a reminder that strong writing, networking and public speaking skills are hugely beneficial to a legal career, says Shaunna Bailey at Sheppard Mullin.

  • How Clients May Use AI To Monitor Attorneys

    Excerpt from Practical Guidance
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    Artificial intelligence tools will increasingly enable clients to monitor and evaluate their counsel’s activities, so attorneys must clearly define the terms of engagement and likewise take advantage of the efficiencies offered by AI, says Ronald Levine at Herrick Feinstein.

  • Series

    The Pop Culture Docket: Judge D'Emic On Moby Grape

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    The 1968 Moby Grape song "Murder in My Heart for the Judge" tells the tale of a fictional defendant treated with scorn by the judge, illustrating how much the legal system has evolved in the past 50 years, largely due to problem-solving courts and the principles of procedural justice, says Kings County Supreme Court Administrative Judge Matthew D'Emic.

  • The Basics Of Law Firm Cyber Liability Insurance Applications

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    Cyber liability insurance has become a common consideration for law firms as cyber threats have escalated, but these insurance forms can be quite complicated given the nature of the industry and associated risks, so simply filling out the form won't necessarily result in an ideal policy for your firm, says Kevin Haight at WAMS.

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