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Legal Ethics

  • May 28, 2021

    Law360 Names 2021's Top Attorneys Under 40

    We're pleased to announce Law360's Rising Stars for 2021, our list of 180 attorneys under 40 whose legal accomplishments transcend their age.

  • May 28, 2021

    Pa. Ethics Board Axes Charges As 'Hostile' Judge Retires

    As a Pennsylvania judge ensnared in an ethics scandal over his allegedly hostile courtroom demeanor signaled his intent to retire next week, a state judicial ethics panel agreed Friday to drop claims that his conduct had brought the court system into disrepute.

  • May 28, 2021

    11th Circ. Upholds Convictions Of Ex-Balch Partner, Coal Exec

    The Eleventh Circuit upheld the bribery convictions of a coal company executive and a former Balch & Bingham environmental partner, saying it found no reason to disturb jury findings that the two paid an Alabama legislator to help dodge Superfund cleanup liability.

  • May 28, 2021

    7 Bills That Died In The Texas Legislature This Session

    With the Texas legislative session wrapping Monday, lawmakers left behind hundreds of bills that lost steam during the process, including proposals to create a statewide business court, change uninsured and underinsured motorist insurance guidelines, and install a process to review outside counsel contracts signed by the attorney general.

  • May 28, 2021

    Flint Plaintiffs' Attys Argue For Final OK Of $641M Settlement

    Plaintiffs' attorneys want to seal the deal on a $641 million settlement over the Flint, Michigan, water crisis that objectors have said carves out too much for legal fees, arguing that the fee request is fair for the hard-fought work to secure compensation for an environmental catastrophe.

  • May 28, 2021

    'Varsity Blues' Mom Says Arrest Caused Serious Heart Trouble

    A mother charged in the "Varsity Blues" college admissions case asked a federal judge to toss the charges Friday, claiming the heavy show of force agents used in arresting her caused her to suffer a dangerous cardiac incident known as broken heart syndrome.

  • May 28, 2021

    Latham Atty's 2010 Notes Fair Game In Fluor-Zurich Trial

    Fluor Corp. must hand over notes written by its Latham & Watkins LLP trial counsel that purportedly document the company's 2010 demands for Zurich American Insurance Co. to settle lead contamination suits on its behalf, a Missouri federal judge has ruled.

  • May 28, 2021

    Court To Appoint Special Master For Giuliani Privilege Review

    A Manhattan federal judge on Friday agreed to appoint a special master to conduct a privilege review on devices seized from Rudy Giuliani in a foreign lobbying probe, rejecting Giuliani's claims that the legitimacy of the underlying search warrants should be scrutinized first.

  • May 28, 2021

    9th Circ. OKs Sanctions In 'Frivolous' Crocs Hacking Suit

    The Ninth Circuit is refusing to lift sanctions against a sandal company that filed a "frivolous" lawsuit against Crocs Inc., saying the company sued despite being advised "repeatedly" that its rival had done nothing wrong.

  • May 28, 2021

    Legal Recruiter Can't DQ Old Co.'s Atty In Trade Theft Suit

    A federal magistrate judge has denied a legal recruiter's bid to disqualify his former company's counsel in a trade secrets suit, ruling that while the attorney may have to now be a witness at the trial, disqualifying him from pretrial proceedings would be premature.

  • May 28, 2021

    Ex-County Magistrate In Ga. Gets 5 Years For Theft, Cover-Up

    An ex-county magistrate judge in Georgia is going to prison for five years for stealing public funds he spent on things such as Disney vacations and a Nintendo Switch.

  • May 28, 2021

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen a diamond broker do battle with an old client, a luxury Qatari conglomerate go after its Lebanese insurer and J.K. Rowling's literary agent sue Fieldfisher LLP. Here, Law360 looks at those and other new claims in the U.K.

  • May 27, 2021

    Maine Law Firm Wins Bid To Arbitrate Fired Atty's Bias Claims

    A Massachusetts federal judge decided Thursday that a lawyer must arbitrate claims that a Maine-based law firm discriminated against and later fired him because he wanted to spend time with his newborn children, finding that the lawyer's discrimination claim falls within a prior agreement he signed with the firm.

  • May 27, 2021

    3rd Circ. Says NJ Cap Doesn't Block Mesh Case Fees In Texas

    The Third Circuit on Thursday declined to revive class claims that lawyers ran afoul of a New Jersey rule capping contingent fees by taking allegedly excessive cuts of settlement awards in Texas pelvic mesh litigation against Johnson & Johnson and its Ethicon unit, saying the provision didn't apply to the attorney fees.

  • May 27, 2021

    Tribal Lending Deal With $86M Cash Relief Asks For Final OK

    A proposed class of more than 600,000 borrowers urged a Virginia federal judge to grant final approval of a settlement that cancels millions of dollars of debt, doles out $86 million in cash relief and settles illegal online lending claims against tribe-owned American Web Loan Inc.

  • May 27, 2021

    Thai Court Investigating Toyota Judicial Bribery Claims

    Thailand's Court of Justice Thursday said it was investigating claims that Toyota may have bribed sitting judges on the country's Supreme Court, citing Law360's exclusive report that detailed the carmaker's internal corruption probe and an ongoing Foreign Corrupt Practices Act investigation by U.S. law enforcement.

  • May 27, 2021

    Texas Panel Clears Attys Of Barratry In Horizon Oil Spill Suit

    A Texas appellate panel on Thursday affirmed a pair of rulings dismissing barratry claims suits against three Houston attorneys accused of unethically soliciting clients for litigation stemming from the 2010 Deepwater Horizon oil spill, finding the claims were filed too late.

  • May 27, 2021

    Costco Can't Disqualify Shopper's Attys In Injury Case

    A California appeals court has refused to disqualify attorneys representing a woman suing Costco for slip-and-fall injuries, saying a staffer working for the plaintiff's counsel, who previously worked on similar Costco cases for defense counsel, was properly prevented from working on Costco cases.

  • May 27, 2021

    USPS Flouted Court Orders To Make Extra Trips, NY Says

    The state of New York slammed the U.S. Postal Service's bid to scale back its operations amid litigation seeking to ward off delivery delays ahead of the 2020 election, telling a District of Columbia federal court that the agency already defied orders to restore service levels.

  • May 27, 2021

    Fla. High Court Tells Judicial Candidates To Cool Down Tactics

    The Florida Supreme Court approved a reprimand Thursday for an attorney who impugned a sitting judge's integrity during a failed campaign for a county court judicial seat, and added a warning to future judicial candidates that this kind of behavior will not be tolerated by the court.

  • May 27, 2021

    Ex-Gilead Workers Hit Back With Sanctions Bid In FCA Fight

    After being repeatedly targeted over missing text messages sought by Gilead Science Inc. during discovery, a pair of whistleblowers in a case against the drugmaker in Pennsylvania federal court have launched a sanctions bid of their own alleging that the company failed to maintain messages on employee cellphones.

  • May 27, 2021

    LA Firm Says Girardi Keese Owes It $25M In Referral Fees

    Los Angeles plaintiffs firm Owen Patterson & Owen claims Girardi Keese owes it $25 million for unpaid referral fees on several mass tort cases, joining a long list of clients and co-counsel who say they've been ripped off by the scandal-plagued firm and its now-infamous founder, Thomas V. Girardi.

  • May 27, 2021

    Lender Seeks Nix Of Law Firm's Interference Claim

    A litigation loan provider has urged a Florida federal court to drop a law firm's claim that the financier unlawfully sought to interfere with a business deal between the attorneys and their clients in a long-standing qui tam suit against MetLife Inc. as the related loan went into default.

  • May 27, 2021

    NJ Court Officials Seek Judge's Medical Records In Suit

    New Jersey judiciary officials called on a federal court Thursday to order the release of a state judge's medical and mental health records, saying the material is needed to defend against the jurist's claims that a purportedly toxic workplace environment left her emotionally distressed.

  • May 27, 2021

    Trump, Giuliani Say Reps. Can't Sue Over Capitol Riot

    Former President Donald Trump, his personal attorney Rudy Giuliani and the far-right militia group Oath Keepers separately asked a D.C. federal judge Wednesday to toss Democratic lawmakers' lawsuit over the Jan. 6 attack at the U.S. Capitol that left five people dead, including a Capitol Police officer.

Expert Analysis

  • 5 Tips To Help Your 2021 Summer Associates Succeed

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    Despite pandemic-related challenges this year, law firms can effectively train summer associates on writing and communicating — without investing more time than they ordinarily would, says Julie Schrager at Schiff Hardin.

  • Firms Should Use Surveys To Make Smart Legal Tech Choices

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    The utility of legal technology innovations may be limited without clear data and objectives from the outset, but targeted surveys can provide specific insights that enable law firms to adopt the most appropriate and efficient tech solutions, says Tim Scott at Frogslayer.

  • Don't Forget Due Diligence In Race For Lateral Associate Hires

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    Amid high demand for associates and aggressive competition to attract talent, law firms should take three key steps to conduct meaningful prehire due diligence and safeguard against lateral hiring mistakes that can hurt their revenue and reputation, says Michael Ellenhorn at Decipher.

  • Lessons In Civility From The Alex Oh Sanctions Controversy

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    Alex Oh’s abrupt departure from the U.S. Securities and Exchange Commission and admonishment by a D.C. federal judge over conduct in an Exxon human rights case demonstrate three major costs of incivility to lawyers, and highlight the importance of teaching civility in law school, says David Grenardo at St. Mary's University.

  • Opinion

    Biz Record Admissibility Rule Must Adapt To An ESI World

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    The federal rule that permits the use of business records as evidence must be amended to address the unreliability of electronically stored information and inconsistent court frameworks on email admissibility, say Josh Sohn and Nadia Zivkov at Stroock.

  • Series

    Judging A Book: Rodriguez Reviews 'When Machines Can Be Judge'

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    Katherine Forrest's new book, "When Machines Can Be Judge, Jury, and Executioner," raises valid transparency concerns about artificial intelligence tools used by judges when making bail and sentencing decisions, but her argument that such tools should be rejected outright is less than convincing, says U.S. District Judge Xavier Rodriguez of the Western District of Texas.

  • 5 Steps For Law Firms Rethinking Flexible Work Post-COVID

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    A flexible work environment will be key to recruiting and retention efforts post-pandemic, so law firms must develop comprehensive policies that solidify expectations and boundaries on accommodations such as flextime, remote work and reduced hours, says Manar Morales at the Diversity & Flexibility Alliance.

  • Judge's Rebuke Of Mass. AG Has Lessons For All Attorneys

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    A Massachusetts federal judge’s recent rebuke of the state Attorney General’s Office for refusing to respond to discovery requests in Alliance for Automotive Innovation v. Healey highlights six important considerations for attorneys who want to avoid the dreaded benchslap, say Alison Eggers and Dallin Wilson at Seyfarth.  

  • Font Considerations To Give Your Legal Briefs An Edge

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    Following the D.C. Circuit’s recent notice discouraging use of the font Garamond in legal briefs, Jason Steed at Kilpatrick looks at typeface requirements and preferences in appellate courts across the country, and how practitioners can score a few extra brief-writing points with typography.

  • Make Profitability Management Part Of Your Law Firm Culture

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    As the legal industry continues to change in the post-pandemic world, law firms should adapt to client demands by constantly measuring and managing the profitability of their services, says Joseph Altonji at LawVision.

  • 4 Trends In Discoverability Of Litigation Funding Documents

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    Recent rulings shed light on how courts and international arbitration tribunals decide if litigation funding materials are discoverable and reaffirm best practices that attorneys should follow when communicating with funders, say Justin Maleson at Longford Capital and Michele Slachetka and Christian Plummer at Jenner & Block.

  • 7 Lessons For Young Lawyers Starting Their Careers

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    This year's law graduates and other young attorneys must recognize that the practice of law tests and rewards different skills and characteristics than law school, and that what makes a lawyer valuable changes over time, says Vernon Winters, retired partner at Sidley.

  • The Pandemic's Bright Spots For Lawyers Who Are Parents

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    The COVID-19 crisis has allowed lawyers to hone remote advocacy strategies and effectively represent clients with minimal travel — abilities that have benefited working parents and should be utilized long after the pandemic is over, says Chelsea Loughran at Wolf Greenfield.

  • Opinion

    Revise Mansfield Diversity Mandates To Also Benefit Veterans

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    The well-intentioned efforts and salutary purposes of the legal industry's Mansfield Rule diversity metric are tainted by the Diversity Lab initiative's omission of veterans, who are underrepresented at large law firms and entitled to advantageous treatment based on more than 200 years of public policy, says Robert Redmond at McGuireWoods.

  • Moving Health Care To Virtual Models Creates Legal Issues

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    The shift to remote health care amid the pandemic highlights a host of legal issues, including cultural miscommunication risks and international credentialing considerations, say Brett Johnson and Claudia Stedman at Snell & Wilmer.

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