Covington & Burling Admonished for Representing Non-Party Witnesses in Depositions

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The defendant, Jacobs, hired Covington & Burling to devlop factual information and defenses relating to Jacobs’ work for the Tennessee Valley Authority.  Among other things, Covington helped identify non-party witnesses who might have factual information regarding the TVA-Jacobs contract.  Covington worked with the witnesses to prepare and submit declarations in support of Jacobs’ Motion to Dismiss, asserting derivative sovereign immunity …

Alaska Bar Association Prohibits Use of “Web Bugs”

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A “web bug” is a technology tool that tracks certain information about the document to which it is attached.  They can be used in e-mail newsletters to help track readers, for example, but can also be used in e-mails to “invisibly” track, among other things: when the email was opened; how long the email was reviewed (including whether it was …

Repeatedly Sanctioned Lawyer Sanctioned for Frivolous Pleadings which Contradict Previous Filings by Same Party

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Bordelon Marine filed suit against Bibby Subsea in Louisiana State Court, seeking to collect on, among other things, unpaid Invoice No. 15-58. The factual statements in the complaint were verified by Wesley D. Bordelon, the President of Bordelon Marine. The defendant removed the case to Federal Court, and moved to stay the matter pending arbitration. The Federal Court subsequently compelled …

Tennessee Formal Ethics Opinion Precludes Settlements That Require Attorney to Return His or Her Work Product

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The Tennessee Board of Professional Responsibility issued a formal Ethics Opinion concluding that a settlement provisions requiring attorneys to turn over documents protected by attorney work product may be prohibited by Rule 5.6(b). Specifically, a lawyer may not propose or agree to a settlement agreement that requires a lawyer to turn over any work product materials as part of the …

U.S. Fifth Circuit Sanctions Defendant Who Contests Liability and Presents Purported Experts in Bad Faith

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“The general rule in federal court, the so-called ‘American Rule,’ is that litigants are responsible for their own fees. Federal courts, however, possess ‘inherent power’ to assess fees as sanctions when the losing party has acted in bad faith, vexatiously, wantonly, or for oppressive reasons. Under this test, sanctions are warranted when a party knowingly or recklessly raises an objectively …

Attorney Can Be Sued for Copyright Infringement When Using Substantial Portions of Another’s Brief

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A lawyer copied “substantial portions” of a brief drafted by a co-defendant in a patent case, who was “the owner of a valid and registered copyright” for its brief.  Judge Hatter, sitting in the Central District of California, rejected the defendant’s claim of “fair use”. First, the defendant “did not add new expression, meaning or message to Newegg’s draft brief. …

Gibson Dunn Disqualified by California Superior Court for Using Privileged E-Mail that Had Been Inadvertently Disclosed

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According to the formal Court Order: “An email from attorney to client shows attorney/client privilege; Counsel’s review and use of the email at deposition goes beyond ‘mere exposure’ and raises the likelihood that this could affect the outcome of these proceedings both in terms of Plaintiff’s rights against use of his privileged communications against him and in terms of the …

Judge in W.D. Arkansas Sanctions Attorneys who Dismiss Putative Class Action to Effectuate Settlement in State Court

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A putative class action was filed in the Circuit Court of Polk County, Arkansas, and properly removed under the Class Action Fairness Act of 2005 (CAFA). An answer was filed, followed by a motion for partial judgment on the pleadings.  Then the court stayed the action on joint motion of the parties. At the initial mediation session, the possibility of …

New Jersey Committee on Lawyer Advertising Issues a Notice to the Bar re “Superlawyers” “Best Lawyers” etc

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Lawyer advertising that mentions awards such as “Super Lawyers,” “Rising Stars” and “Best Lawyers” has spurred the filing of many complaints with the New Jersey Supreme Court Committee on Lawyer Advertising, which recently issued a reminder: Lawyers may refer to such honors in their advertising “only when the basis for comparison can be verified” and the group bestowing the accolade …

U.S. Fifth Circuit Affirms En Banc Suspension of Attorney Who Hired Co-Counsel in Order to Prompt District Court Judge’s Recusal

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The U.S. Fifth Circuit Court of Appeals affirmed a one-year suspension (six months deferred) of an attorney who was found to have hired a close friend of the presiding judge as co-counsel in order to obtain judge’s recusal. Rule 2 of the Eastern District’s Rules for Lawyer Disciplinary Enforcement states that “the court en banc may impose discipline upon a …