News & Analysis as of

Attorney Misconduct

Marshall Dennehey

Pennsylvania Supreme Court Clarifies Clear and Convincing Standard in Attorney Disciplinary Cases

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In the recent disciplinary matter of ODC v. Anonymous, 2025 WL 524221 (Pa. Feb. 12, 2025), the Pennsylvania Supreme Court established the standard applicable to attorney disciplinary matters, expressly holding that the...more

Husch Blackwell LLP

Another Bite at the Apple: Court Tosses Defense Verdict in Infant Formula Litigation

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In December 2024, we reported on a City of St. Louis, Missouri jury verdict in favor of baby formula manufacturers in a lawsuit claiming their specialized infant formulas for premature babies caused an infant to develop...more

Goodell, DeVries, Leech & Dann, LLP

Breaking Silence: The Ethics of Lawyers Critiquing Clients

Several weeks ago, attorney Mark Lemley was criticized for having the temerity to terminate his representation of Meta during an ongoing copyright infringement case because of its CEO’s alleged “descent into toxic...more

Robinson+Cole Data Privacy + Security Insider

Lawyers Sanctioned for Citing AI Generated Fake Cases

In another “hard lesson learned” case, on Monday, February 24, 2025, a federal district court sanctioned three lawyers from the national law firm Morgan & Morgan for citing artificial intelligence (AI)-generated fake cases in...more

McDermott Will & Emery

Don’t Tread on Illinois’ Absolute Litigation Privilege

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Addressing when Illinois law’s “absolute litigation privilege” bars certain counterclaims, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment finding that the plaintiff lacked a valid...more

EDRM - Electronic Discovery Reference Model

A Protective Order Has Teeth – Counsel Disqualified After Court Finds Violations

In US Dominion, Inc. v. Byrne, 2024 WL 3792654 (D.D.C. Aug. 13, 2024), violations of protective orders led to disqualification of counsel. The court began its decision by stating:  “This case arises out of the 2020 U.S....more

Troutman Pepper Locke

Attorneys Face Potential Sanctions for Alleged Misuse of AI

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A federal judge in the Western District of Virginia has ordered a plaintiff’s attorneys to show cause why they should not be sanctioned for the alleged misuse of artificial intelligence (AI)....more

Marshall Dennehey

Law Firm Breakups

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Law firm breakups are fraught with the potential for attorney misconduct. Attorneys who determine they can no longer work together will often take the additional step of accusing one another of inappropriate conduct....more

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

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Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

Troutman Pepper Locke

Pro Hac Vice, Ye Be Warned: A Cautionary Tale to Out-of-State Attorneys and Their Local Counsel

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On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more

Polsinelli

New Texas Law Aims to Curb Local Prosecutorial Discretion

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A new Texas law will go into effect on September 1, 2023 that is directly aimed at curbing the discretion of local prosecutors in deciding which classes or types of cases they choose not to pursue....more

Seyfarth Shaw LLP

SCOTUS Might Not Rule on the Standing of ADA Title III Testers After All

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Seyfarth Synopsis: The Plaintiff in Acheson v. Laufer dismisses her lawsuit with prejudice and asks SCOTUS to dismiss its pending review based on mootness....more

Irwin IP LLP

Sanctions for Attorney Misconduct at a Dep: Fact or Fiction?

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James Corey Goode, et al v. Roger Richards Ramsaur, et al, (D. Col. 2023) - Few litigation events cause tempers to flare as surely as depositions, but only once in a blue moon, it seems, will a Court take action against an...more

Goodell, DeVries, Leech & Dann, LLP

To the Victor Go the Spoils? The Recovery of Attorney's Fees in Attorney Discipline Cases

AGC V. SINGH, 2023 Md. LEXIS 150 (April 7, 2023) It is well-settled that absent certain exceptions, each party is responsible for their own attorney's fees regardless of the outcome of a case. But what about attorney...more

Sands Anderson PC

Statistics on Virginia’s Discipline of Lawyers: Fiscal Years 2020-2022

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Reporting from the Virginia State Bar’s Office of Bar Counsel shows consistency yet again in the overall number of complaints made against lawyers and the corresponding levels of discipline....more

Hinshaw & Culbertson - Lawyers for the...

Massachusetts Court Applies Litigation Privilege to Dismiss Claims Against Attorney Accused of Fraudulent Activity During Trial

Plaintiffs in the case were creditors of William von Thaden, who was married to Kimberly von Thaden until their divorce in 2017. The defendant, Michael I. Flores (defendant), represented Kimberly in the underlying divorce...more

Constangy, Brooks, Smith & Prophete, LLP

Lawyer faces discipline over sexist slur

I hope that moment of satisfaction was worth it. Once again, I see how out of it I am. This week, a San Diego attorney lost a motion hearing. The attorneys who won were both women. That will be important if you bear with...more

Esquire Deposition Solutions, LLC

Eight Ethical Pitfalls to Avoid at Your Next Deposition

The line dividing zealous advocacy and professional misconduct can be hard to spot, and it can appear with little advance notice during a heated moment in litigation. This is particularly true in pretrial depositions, which...more

Butler Snow LLP

A Primer on the Texas Bar Disciplinary System | Seana Willing | Texas Appellate Law Podcast

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The Texas Bar is a self-regulating entity—it handles attorney discipline through a unique procedural process. Although most attorneys steer clear of professional discipline, it’s important for practitioners to know about the...more

Bennett Jones LLP

Three Appeals at the Supreme Court of Canada in the 2021 Fall Session

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The Supreme Court of Canada Fall term begins now. While the court will be hearing mostly criminal law matters, in November, it will consider three cases that may interest the business community or organizations facing civil...more

Arnall Golden Gregory LLP

Government Investigations Team Insights - August 2021

AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics.  In this edition, we discuss a recent Florida district court case involving prosecutorial misconduct resulting...more

Haight Brown & Bonesteel LLP

Attorney Exploitation of Motion in Limine Order Excluding Evidence and Reference to Facts Outside the Record Constituted...

In Jackson v. Park (B297616, July 27, 2021), the Second Appellate District for the Court of Appeal examined the nature and degree of attorney misconduct that could amount to a miscarriage of justice sufficient to require a...more

Conn Kavanaugh

Massachusetts Proposes Amendments to Rules of Professional Conduct

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The Supreme Judicial Court Standing Advisory Committee on the Rules of Professional Conduct has solicited comments on proposed amendments to the Rules that will have a broad impact on lawyers’ ethical obligations. The...more

Wiley Rein LLP

Sanctions Carve-Out Bars Coverage for Show Cause Order Issued to Attorney

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The United States District Court for the District of Colorado, applying Colorado law, has held that a professional liability insurer was not obligated to defend an attorney accused of discovery misconduct. The court ruled...more

Carlton Fields

When Terminated Employees Steal: Cases of Purloined Company Documents

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An employee is terminated, her laptop and phone seized. As she is escorted from the premises, Human Resources instructs her, in no uncertain terms, about company information: All internal company emails and other business...more

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