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Ethics

: Legal Ethics Forum

Legal Ethics Items (September 13, 2010)

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  • From Blog of the Legal Times: The Justice Kagan recusal watch has bumped up to 21 cases, but it's not clear to me that this was any reason not to nominate her.
  • Two articles from the WSJ regarding that battle between Dimitrios Biller and his former employer, Toyota.  I can't find the source document, but it appears from the articles that Biller may have established a prima facie case of crime-fraud exception, allowing him to obtain and introduce into evidence the documents that he claims were privileged and that he claims he was instructed to conceal.  No doubt, we will hear more about this case as it develops.
  • Puget Sound Business Journal: a hedge fund CEO and the fund's tax lawyer pled guilty to felony tax fraud charges. As part of the plea agreement, the lawyer, Charles Wilk, will speak to his alma mater, the NYU Law School.
  • Boston Business Journal: "High profile [Boston] defense lawyer suspended" for aiding UPL.
  • New York Attorney Malpractice Blog: When is an expert necessary in legal malpractice cases?
  • New case out of NJ: Connelly v. Frohling, Hudak, McCarthy.  When a lawyer doesn't disclose pending claims in an insurance application, the lawyer can lose coverage.  Sounds about right. (Disclose, disclose, disclose.  That's why you bought insurance.)  (h/t: Law of Criminal Defense)
  • The USDC for the Southern District of Illinois doesn't like the strategy of naming lawyers in a complaint so that they can be disqualified as witnesses.  Armstrong Teasdale was therefore dismissed from the action, which arose out of alleged stock fraud.
  • ALM: In-house counsel lack whistleblower protections.
  • Until I read this article from UPI, I hadn't realized that one aspect of the litigation between the federal government and Maricopa County Sheriff Joe Arpaio was about the DOJ's right to contact employees of the sheriff's office directly, rather than through the lawyers.
  • Obit of Lord Bingham of Cornwall, who played a key and early role in the reform of the UK's legal profession.

Full post as published by Legal Ethics Forum on September 13, 2010 (boomark / email).

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