Ethics

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).

Opinion Finding Fraud Shows the Dangers in an Agreement to Finance Litigation

Chapter 7 trustee was precluded from terminating a lawsuit because a secured lender had been given the right to settle.

May Accountants Limit Liability for Professional Malpractice? Stay Tuned

New Jersey judge says that professionals may not be able to limit liability when malpractice is more than mere negligence.

A Categorical Review of Abuses: From Civil Bad Faith to Criminal Bankruptcy Fraud

March 2022

Ethics and Well-Being: How to Balance and Manage Competing Obligations

Ethics: Hold or Fold Them?