Stop-And-Frisk Judge Removed, Fights Back
Consultant: Legal Ethics Rulemaking Outpaced By Technology
Law Prof: I May File Law School Ethics Charges
Discipline For Law School Deans?
Our social media posts reveal a lot about us and, while there are control mechanisms for keeping information private, there is a wealth of information readily discoverable. This makes the Internet fertile ground for lawyers...more
One of the best lawyers I know was packing and unpacking some boxes recently and re-found an article she had read a number of years ago. The Role of the Private Law Firm was written by Lloyd Cutler – a founder of the...more
A recently unveiled whistleblower lawsuit alleges that a prominent Kentucky disability lawyer illegally colluded with a federal disability judge to approve his clients' cases and reap the millions in attorney's fees that came...more
A recent California Court of Appeal opinion, Yanez v. Plummer, provides a cautionary tale for in-house counsel or outside attorneys who jointly represent their institutional client’s employees or agents in depositions. If...more
The pool of potential qui tam relators may have just shrunk a little, based on a recent decision by the 2nd Circuit Court of Appeals that has put the ability of in-house lawyers to become qui tam relators into serious...more
The United States Court of Appeals for the Second Circuit has issued an important ruling restricting in-house counsel from acting as whistleblowers in litigation against their current or former employers. ...more
The Second Circuit issued an opinion tackling the interplay between an attorney's ethical obligation to maintain client confidences and the ability to act as a "whistleblower" to report unlawful conduct to the government. The...more
Nov. 7 (Bloomberg Law) -- Last month a federal appellate court panel put a hold on changes to the New York Police Department's stop-and-frisk practices and created a controversy by removing Judge Shira Scheindlin who had...more
The US Court of Appeals for the Second Circuit recently affirmed the decision of the District Court for the Southern District of New York to disqualify Fair Laboratory Practices Associates (FLPA) from its qui tam suit against...more
In Yanez v. Plummer (Nov. 5, 2013, C07026), the Third Appellate District issued an opinion highlighting the perils for an in-house lawyer who simultaneously represents the company and an employee. Union Pacific fired Michael...more
One of the more well-publicized parts of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (Dodd-Frank) is a whistleblower program that provides bounty payments to individuals who voluntarily provide...more
In wake of ethics opinion, lawyers in New York — if not elsewhere — must think hard before considering whether to participate in the Dodd-Frank Whistleblower Award Program. A recent SEC whistleblower award of $14 million may...more
The issue of whether attorneys may "blow the whistle" on conduct they reasonably believe violates securities laws, and thereby collect bounties under federal whistleblower laws, is controversial.
Lawyers blowing the whistle on issuer clients might be “rewarded” with state bar investigations for possible breaches of their duty of confidentiality.
Every issuer of securities is a repository...more
With the rampant expansion of social media and online technologies over the past decade, it is no surprise that Facebook, MySpace, Twitter, Instagram, YouTube and blogs have made their way into the courtroom, pervaded the...more
The New York County Lawyers Association Committee on Professional Ethics released Formal Opinion 746 on October 7, in which the Committee considered whether New York lawyers can ethically collect bounties for submitting...more
California expects a lot from attorneys when it comes to client confidences and the attorney-client privilege.
- Evidence Code Section 955 imposes an affirmative duty on every lawyer who received or made a...more
Beware the law of unintended consequences. The Texas high court has just denied review of a court of appeals opinion in a case that began as a defamation action brought by a Texas state court judge against a Dallas-area...more
Are verein-style law firms ignoring ethics rules regarding fee-splitting?
Edwin B. Reeser and Martin J. Foley
October 1, 2013
(Reprinted with permission of The ABA Journal, 2013)
The last nine years have witnessed...more
Sept. 26 (Bloomberg Law) -- Adrian Dayton, law firm consultant and columnist for National Law Journal, talks with Bloomberg Law's Lee Pacchia about three recent legal ethics opinions on lawyers and law firms using LinkedIn....more
In preparation for trial, a lawyer might advise a client to dress or act a certain way in order to improve his or her appearance in the court room. For instance, a lawyer might advise a client to appear in court wearing...more
A recent indictment in a state court in La Plata County, Colorado, has ruffled feathers in the defense bar. The accused was one of our own, criminal defense attorney Brian Schowalter. The charge was based on Schowalter’s...more
Many law firms today create in-house general counsel positions to advise the firm on various ethical, regulatory and risk-management issues, including malpractice claims. These individuals do not actively represent the firm’s...more
In This Issue:
Not Just a Flook? Consideration of Prior Art When Evaluating Subject Matter Eligibility; The USPTO Adopts New Rules of Professional Conduct; and Trademark Functionality in the Beverage...more
On May 3, 2013, the United States Patent and Trademark Office (“USPTO” or “Office”) Rules of Professional Conduct (“USPTO Rules”) went into effect to govern the ethical obligations for representing others before the Office....more