Legal Ethics

  • December 04, 2023

    Ex-Real Estate Atty Avoids Prison In Russia Sanctions Case

    A Manhattan federal judge on Monday allowed a longtime real estate attorney who facilitated tax and insurance payments for a sanctioned Russian oligarch to avoid prison, citing his advanced age and limited involvement in the lawbreaking.

  • December 04, 2023

    Atty Wants Firm Accounting Case Back In Pa. State Court

    A former partner of the Marsh Law Firm PLLC suing its founder over allegations of financial malfeasance has urged a Pennsylvania federal judge to send the case back to the state court where it was originally filed, telling the court it lacks sufficient jurisdiction to adjudicate the intrafirm dispute.

  • December 04, 2023

    Catching Up With Delaware's Chancery Court

    Blockchain gaming, lithium-battery production, nutrition supplements and Activision's $68.7 billion sale to Microsoft — nothing is too big or complicated for Delaware's Chancery Court to put on its agenda. The year is winding down, but things haven't slowed in the nation's top court of equity. Check here for all the latest news from the Chancery Court.

  • December 01, 2023

    Trump Can't Invoke Presidential Immunity In Jan. 6 Case

    A District of Columbia federal judge on Friday firmly rejected Donald Trump's argument that "presidential immunity" shields him from the criminal charges stemming from allegations of election interference in 2020, ruling that Trump doesn't enjoy a "lifelong 'get-out-of-jail-free' pass" just because he was president.

  • December 01, 2023

    La. Judge Won't Nix Arbitration Order In $11M Hurricane Row

    A Louisiana federal judge has denied a bid by attorneys who missed a deadline to rescind his order tossing two defendants and forcing arbitration in a case over more than $11 million in hurricane damage to an apartment complex, ruling that their arguments lack merit anyway.

  • December 01, 2023

    Judge Slams Google's 'Deeply Troubling' Tactics As Trial Ends

    A California federal judge overseeing the antitrust trial between Epic Games Inc. and Google LLC said Friday he's concerned that Google's willful destruction of evidence and "bogus" privilege assertions constitute a "frontal assault on the administration of justice," and that jury instructions in the newly wrapped trial will reflect the company's "deeply disturbing" behavior.

  • December 01, 2023

    Texas Firm Can't Duck Fla. Estate Planning Malpractice Suit

    A Florida federal judge has shot down a Texas law firm's bid to toss a malpractice lawsuit alleging it bungled property transfers that ended up increasing its former client's property taxes.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Fla. Judge Who Cursed From Bench Faces New Ethics Charge

    Florida's judicial conduct agency has added new charges against a Seminole County judge after the Florida Supreme Court rejected a proposed 60-day suspension for intemperate conduct that included cursing out a member of the gallery in his courtroom.

  • December 01, 2023

    Trump Shouldn't Go To Trial In Ga. Until After Term, Atty Says

    Former President Donald Trump's legal team argued in court Friday that the Georgia election interference case should be thrown out because it violates the First Amendment, and that if he wins the 2024 election, the trial would have to be postponed until the end of his second presidential term.

  • December 01, 2023

    Ex-CEO For Space Cargo Biz Can't Revive Legal Fee Suit

    Delaware's Supreme Court let stand on Friday a Court of Chancery ruling that space infrastructure company Momentus Inc. has no obligation to advance legal fees to its co-founder and former CEO after he waived most of his rights to indemnification and advancement when he left the company in 2021.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    Mich. Justices Leave 'Ethical Quandaries' Be In Nurse Appeal

    A divided Michigan Supreme Court has rejected the appeal of a hospital nursing manager fired for breaching patient confidentiality in a conversation with her lawyer, with two justices saying their colleagues were ducking an important question for Michigan attorneys: whether a communication with one's lawyer can be a "whistleblower" report.

  • December 01, 2023

    Florida Supreme Court Disciplines 8 Attorneys

    Eight Florida attorneys were formally disciplined by the state's Supreme Court, receiving punishment that included public reprimand, suspension and disbarment — including two actions involving drugs, according to an announcement Friday by the Florida Bar.

  • December 01, 2023

    Judge's Name Botch, Age Not Grounds To Vacate, Says Judge

    A 78-year-old judge's bungling of a defendant's first name is not an adequate basis to vacate a former California attorney's conviction in a $1.5 million "pump and dump" scheme, a Massachusetts federal judge has ruled.

  • December 01, 2023

    Trump Gets More Experts In NY Fraud Trial, Can't Call Monitor

    A New York judge on Friday allowed Donald Trump to call more experts in his civil fraud trial defense case, including a real estate broker friendly with the former president, but rejected Trump's attempt to put the court's independent monitor on the stand.

  • December 01, 2023

    Ex-McDermott Partner Says Firm Stiffed Him On Raise

    A former McDermott Will & Emery LLP partner who lives in Israel has sued the firm in Illinois state court, claiming it unlawfully refused to give him the pay raise it planned for U.S. income partners in 2022.

  • December 01, 2023

    'Alarming' NJ Atty Discipline Budget Draws State Bar's Ire

    New Jersey State Bar Association President Tim McGoughran is raising the alarm about a plan to increase the amount each New Jersey attorney will have to pay in annual fees for the attorney discipline budget by $28, up to a total of $201 in 2024.

  • December 01, 2023

    Paralegal Pleads Guilty To Embezzling Over $2M From Clients

    A 54-year-old paralegal pled guilty to wire fraud Friday for embezzling more than $2 million from clients of the law firm that employed her, according to a press release from the U.S. Attorney's Office for the Western District of North Carolina.

  • December 01, 2023

    Judge Threatens SEC With Sanctions In Crypto Case

    A Utah federal judge has ordered the U.S. Securities and Exchange Commission to explain why it shouldn't face sanctions after he found that the agency may have misrepresented key facts to obtain a temporary restraining order against cryptocurrency project Debt Box.

  • December 01, 2023

    Ex-NYC Atty Cops To Wire Fraud For Pilfering Client Funds

    A disbarred New York attorney pled guilty Friday to a single count of wire fraud, admitting that he spent millions in client money intended for real estate deals on casino trips and business expenses.

  • December 01, 2023

    Pa. Judge Says Civil Rights Case Over Atty Contempt Is Moot

    A Pennsylvania state court judge asked a federal court to pass on the civil rights suit an attorney filed against him after being jailed for contempt of court, arguing that a state appellate court could handle the lawyer's concerns and there was no chance that the original contempt would land him back in jail.

  • December 01, 2023

    4 Decisions For Which Justice O'Connor Will Be Remembered

    Many of the hotly divided cases at the U.S. Supreme Court came down to Justice Sandra Day O’Connor, a central force on the bench whose savviness at striking compromises and taking a pragmatic approach to resolve disputes is on full display in four opinions.

  • December 01, 2023

    Jackson Lewis' Employment Probe Was Proper, 2nd Circ. Says

    A Second Circuit panel on Friday declined to resuscitate a Connecticut doctor's defamation lawsuit against Jackson Lewis PC, upholding a trial judge's ruling that the firm could not be sued for forwarding a sexual assault and harassment investigation commissioned by a hospital to employees who needed to review it.

  • December 01, 2023

    Omaha Atty Gets Year In Prison For Tax Dodging

    A Nebraska attorney was sentenced to a year and a day in prison Thursday after pleading guilty to concealing some $2.8 million in income from the Internal Revenue Service.

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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