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Values Based Compliance in an Energy Company: Statoil and Helge Lund

Today is August 1 and the Houston Astros have put a July record of 3-27 in the rearview mirror. Can the Astros change this culture of losing? Hopefully by dumping the few true major leaguers that the team had and repopulating the team from its AAA affiliate will lead to better record in August. At least...

How Do You Change an Unhealthy Compliance Culture?

What is a healthy culture and how do you change an unhealthy culture? I have always thought that baseball was a simple game: you throw the ball; you hit the ball; you catch the ball. I had also thought that you could measure whether a baseball team had a healthy culture with a fairly easy-to-understand...

North Carolina State Bar Proposes New Formal Ethics Opinion

The intersection of technology and the rules of ethics continues to develop. The NC State Bar has proposed a new FEO ( 2012 Formal Ethics Opinion 5 ), which deals with the interesting question of the attorney-client privilege of an employee's emails to her personal lawyer that are on her employer's...

CAAA 2013 Winter Convention--Day Two Starts With Academy Award Nomination Level Ethics Panel and More

Academy Award Nomination Level Ethics Panel, Report From the WCAB Commissioners and a Legal Rock Star Hall of Fame Presentation of Top 10 Cases Impacting California Applicants By David Bryan Leonard, Esq. Day two of the CAAA winter convention started with what I consider to be an academy-award...

CAAA 2013 Winter Convention--Day Two Starts With Academy Award Nomination Level Ethics Panel and More

Academy Award Nomination Level Ethics Panel, Report From the WCAB Commissioners and a Legal Rock Star Hall of Fame Presentation of Top 10 Cases Impacting California Applicants By David Bryan Leonard, Esq. Day two of the CAAA winter convention started with what I consider to be an academy-award-nomination...

Attorney Charged with Ethics Complaint over Probate Blog

Every now and then, blogging will get someone in "trouble." See e.g. Rakofsky v. Internet , in which one Joseph Rakofsky sued a whole bunch of bloggers and other media over their posts criticizing among other things, his competency and ethics. I put the words "trouble" in quotes,...

The Duty to Correct False Evidence Submitted on Behalf of a Client: When Does it End?

" In the immigration context, it may appear that a lawyer’s obligation to remedy a client’s fraud or false statement, if it was made to a tribunal, could last in perpetuity. It could result in draconian results, if say, a child or a spouse derived a green card, or even a derivative citizenship...

Wa. Ethics Rule Bars Mention of Immigration Status for Coercive Purpose in Civil Cases

"Mentioning an individual's immigration status in court might not seem all that intimidating to a U.S. citizen. But it can deter someone who is undocumented from pursuing a civil claim, or improperly influence a jury, the Washington Supreme Court says. It clarified an existing state rule of...

William A. Ruskin: Securitizing Litigation Claims for Fun and Profit

By William A. Ruskin Call me old fashioned, but I am uncomfortable with the growing industry involving third-party financing of commercial claims in litigation. In the not-too-distant future, it may well be that commercial litigations will be “bundled” and traded as securities on financial...

The Most Ethical Workers in the US May Be … Construction Workers, Report Finds

U.S. construction industry employees are more at risk for facing workplace ethics issues, but they also are more willing to blow the whistle on misconduct than employees in other industries, according to a report from the Ethics Resource Center (ERC). When compared to the U.S. national averages, employees...

The Ethics of Deportation

"I start by looking at the way the world is organized today. It resembles feudalism. Being born into the United States rather than the Congo is like being born into the nobility rather than the peasantry in the Middle Ages. This completely random factor dramatically advantages and disadvantages...

Ethically-Challenged Arkansas Lieutenant Governor Resigns

The lieutenant governor of Arkansas, Mark Darr, is resigning following a decision by the state ethics commission to fine him for nearly a dozen ethics violations, including for his personal use of more than $30,000 of campaign funds. Darr, a Republican who has faced mounting pressure since the ethics...

The Unethical Use of Immigration Status in Civil Matters

"[T]he Washington Supreme Court unanimously adopted a formal Comment to RPC 4.4(a) to provide guidance on the use of immigration status in civil matters. The comment became effective on Sept. 1, 2013. The comment notes that “[i]ssues involving immigration status carry a significant danger...

Recent Changes to New York Election Law and Government Ethics Laws to Affect Organizations Involved in Political Advocacy as well as Public Officials

Continuing the recent trend, New York State has again enacted changes to New York’s election and government ethics laws in order to “restore public trust” in government. These “reforms,” which are likely to affect advocacy organizations, public officials, candidates, committees...

NCBJ 2014: Ethics and Supreme Debate

Saturday concluded NCBJ with ethics and the Supreme Court review. (There was also a program on scientific studies of mindfulness which I missed). Wait, Wait, Don’t Tell Me! An Ethics Game Show: Retired Judge James H. Haines as Peter Segal, Christine Devine (DeMaillie & Lougee), Judge Benjamin...

New York State Lobbyists Required to Complete Training Before End of 2014

As a result of broad ethics reform legislation enacted in 2011, the New York State Legislative Law mandates that the New York State Joint Commission on Public Ethics (JCOPE or the Commission) “provide an online ethics training course for individuals registered as lobbyists.” The law further...

2 New NYSBA Ethics Opinions on Immigration - Law360

Law360, July 24, 2015 - "Lawyers for children in immigration proceedings may disclose the names and some information about their clients’ cases to so-called granting organizations in certain instances, according to one of two recently published New York State Bar Association ethics opinions...

What I Learned at the Advanced Commercial Lease Institute

By Scott Kadish I attended the Advanced Commercial Lease Institute at Georgetown University Law Center. The Institute “brings together the brightest minds in the commercial leasing industry” to discuss “the most up-to-date and pressing subjects faced by commercial leasing attorneys...

NYS Government Ethics Agency Proposes to Restrict Campaign Fundraising

In late October 2015, the New York State Joint Commission on Public Ethics (JCOPE) released a draft Advisory Opinion that would overturn a nearly 20-year-old ethics opinion regarding political activities by public office holders and their employees. This proposal could have a significant impact on campaign...

Cyrus D. Mehta on Ethical Obligations of Lawyers Who Represent Toddlers

Cyrus D. Mehta, Mar. 13, 2016 - " There has been a justifiable sense of shock and outrage after a senior immigration judge testified in a legal proceeding that three- and four-year-olds could represent themselves in complex removal proceedings. This is precisely what Immigration Judge Weil said...

When life hands you a gift, sometimes you have to hand it back. Quickly.

St. Louis, Missouri, attorney Joel Eisenstein, age 70, violated several rules of professional conduct when he received and reviewed opposing counsel’s outline of questions to her client. Eisenstein’s client, a husband in a divorce case, had accessed his wife’s email account, retrieved...

Judge Hanen Rakes DOJ Lawyers Over Ethics Coals in DAPA Case

You've read about it in the news . Now read Judge Hanen's 28-page order for yourself. Stay tuned for reactions from practitioners and academics.

Is Judge Hanen's 'Rulebook' Order Even Legal?

Georgetown Law Professor Orin Kerr raises a good point regarding Judge Hanen's 'rulebook' order : "Hanen does not discuss whether he has the legal authority to impose this remedy. Most of the people who have to comply with this order are lawyers who will never enter Hanen’s jurisdiction...

Cyrus Mehta: Were the DOJ Lawyers Really Unethical in Texas v. USA?

Cyrus Mehta, June 4, 2016 - "Judge Hanen’s order dated May 19, 2016 reprimanding thousands of Department of Justice lawyers for unethical conduct is astounding because it does not even appear that their conduct was unethical. Much has already been written about Judge Hanen’s strange...

Cyrus D. Mehta: Immigration Inadmissibility, Legal Ethics And Marijuana

Cyrus D. Mehta, Oct. 10, 2016 - "Although medical and recreational marijuana activities are illegal under federal law , at least 25 states have legalized marijuana for medical use. Colorado, Washington, Oregon and Alaska have gone even further by legalizing some forms of recreational marijuana,...