Conflicts of Interest

The Only Thing That May Be More Interesting Than The Section 230 Cases Is That It’s The Same Lawyer, Twice

It’s like the Spider-Man pointing meme, but legal!

Biglaw Firm That Lost $62 Million Assures Everyone They’re Going To Be Just Fine Financially

This is why we have insurance, people.

How To Cost Your Biglaw Firm $62 Million

Not the best way to handle conflicts of interest.

The Curious Conflict-Check Maze

What happens when outside counsel conflict checks turn into a way for firms to evaluate whose business is worth more to them?

Morning Docket: 08.18.17

* "It’s a terrible signal for this group to be holding their meeting at the Trump International Hotel and for a Supreme Court justice to legitimate it by attending. It just violates basic ethical principles about conflicts of interest." Justice Neil Gorsuch is under fire for speaking at an upcoming event at the Trump International Hotel just two weeks before SCOTUS will hear arguments in the travel ban case. [New York Times] * After 23 years, National Conference of Bar Examiners president Erica Moeser will be retiring from her job on August 21 and handing over the reins to Judith Gundersen, the NCBE's director of test operations. If you recall, Moeser once infamously -- and most likely, correctly -- said that plummeting bar pass rates were due to "less able" test takers. Enjoy your retirement! [Law.com] * With funding of almost $6 million from Bloomberg Philanthropies, NYU Law is launching the State Energy and Environmental Impact Center, in an effort to assist state attorneys general who "don’t begin to have the resources to meet these challenges" fight any of the Trump administration's attempts to dismantle environmental protections and climate policies. [Washington Post] * Jacqueline B. Jones, the lawyer who called in a bomb threat to the federal courthouse on the day she was supposed to defend herself against being sanctioned, is set to plead guilty today to third-degree falsely reporting an incident. She faces jail time and up to $15,000 in fines. [Syracuse.com] * "The story's true. I'm not doing anything. I barely show up to work and I've been caught." The spokesman for New York's Office of Court Administration accidentally left a message for a reporter who was working on a story about his truancy on the job, laughing about how he "barely" showed up to work, just after lying and saying the reports were false. Oopsie! [New York Law Journal] * "In an era of alternative news and fake facts, the ABA should be the definitive source of real facts when it comes to the law." Check out the ABA's new online resource, the legal fact checker, a website where members of the public can learn about what the law says regarding current events in the news. [ABA Journal]

The Best Offense Is A Good… Network Of Law Firms

An argument in favor of in-house counsel spreading their business across multiple firms.

Morning Docket: 05.24.17

* President Donald Trump has hired his longtime lawyer, Marc Kasowitz of Kasowitz Benson, to represent him as his independent counsel in the investigation of claims that his campaign colluded with Russia during the 2016 election. Is anyone really surprised that Trump chose to hire Kasowitz? Moreover, is anyone really surprised that he'd further complicate hiring Joe Lieberman as FBI director by doing so? [FOX Business] * In somewhat related news, despite having worked as a partner at WilmerHale -- a firm that represents former Trump campaign manager Paul Manafort as well as Trump's daughter, Ivanka, and his son-in-law, Jared Kushner -- Robert Mueller has been approved by ethics experts at the Justice Department to go ahead as special counsel in the Trump/Russia investigation, as he did not participate in those matters. Things are about to start heating up. [NPR] * President Donald Trump's proposed 2018 fiscal budget includes a $1.1 billion cut in funding for the Department of Justice. The $27.7 billion request for the DOJ represents a 3.8 percent decrease from its current funding level, while the antitrust division's funding will remain the same, at just under $165 million. It makes you wonder which initiatives will be discontinued. [Big Law Business] * Speaking of the Trump budget, American Bar Association President Linda A. Klein has spoken out against it, criticizing its "egregious cuts to the Constitution’s promise of a fair legal process." Funding for the Legal Services Corporation and the Public Service Loan Forgiveness program have been completely eliminated, and if the money is not reinstated, "severe damage [could be done] to the most vulnerable people in our society." [ABA Journal] * Convicted killer Dylann Roof, who was found guilty of 33 federal charges, including hate crimes and religious rights violations, has appealed his conviction and his death sentence to the Fourth Circuit. According to his lawyers, Roof wanted to appeal to drag the case on as long as possible, since he thinks white supremacists will eventually take over the country and pardon him. Wow. [AP]

Morning Docket: 05.12.17

* What's the over–under on how long acting FBI director Andrew McCabe will keep his current post? [New York Times] * And Democratic senators want answers -- lots of answers -- from deputy attorney general Rod Rosenstein. [Washington Post] * Following up on our list of top law schools with great employment outcomes, here's a broader look at the latest ABA employment data. [ABA Journal] * And following up on our recent round-ups of possible judicial nominees in the Trump administration, here's a name for one of the open Third Circuit seats in Pennsylvania. [CA3 blog via How Appealing] * A lawsuit claims that a Biglaw behemoth is trying to invalidate the same patents it prosecuted -- not a good look. [Daily Business Review] * Former Biglaw chair J. Stephen Poor ruminates on the riches of this year's top Am Law 100 firms. [Big Law Business] * Robert Post looks back over his eight years as dean of Yale Law School. [Law.com]

Federal Judge Benchslaps Attorney General For ‘Superficial Posturing’

You don't need to be an expert in legal ethics to see why this filing might be a problem.

Conflicts Over Conflicts Waivers = Opportunities For Solo & Small Firms

Corporate clients should refuse to sign broad advanced waiver provisions...

3 Epic Humblebrags!

In-house columnist Mark Herrmann explains how the game is played.