Ethics

Special Counsel with an Actual Conflict Faces Disgorgement of Fees in Delaware

Judge Sontchi set aside a prior order preventing the trustee from controlling litigation brought in the trustee’s name.

Costs of a Disciplinary Proceeding Again Held Nondischargeable Under Section 523(a)(7)

Seventh Circuit says that costs incurred by disciplinary authorities are not in compensation for ‘actual pecuniary loss.’

Second Circuit Expands Standing to Ensure Integrity of the Bankruptcy Court

The U.S. Trustee is not the better or the only party to uphold the integrity of the bankruptcy court, the Second Circuit holds.

Ethics: Cybersecurity and Other Remote Practice Issues

Expanding on Midland Funding, a BAP Disallows Fee-Shifting for Time-Barred Claims

A state statute imposing sanctions for groundless claims is procedural and preempted by federal law with regard to fee-shifting.

The Ethics of Virtual Representation: 10 “Cs” of the COVID-19 Ethical Apocalypse

March 2022

Ethics and the Art of Mediation

April 2022

BAP Says that a Rule 41 Voluntary Dismissal Can Incorporate Discovery Sanctions

The BAP decision on voluntary dismissal under Rule 41 adds credence to the idea that bankruptcy courts can attach conditions to a debtor’s voluntary dismissal under Section 1307(b).