“Just because information relating to your representation of a client might be publicly available, your duty of confidentiality means that you can’t disclose it if it is not ‘generally known.’ The two concepts — public availability and being ‘generally known’ — are not the same, as a New Jersey lawyer learned earlier this month when the state supreme court imposed a one-year suspension in a disciplinary case that (among other things) involved a Yelp review,” reports Karen Rubin in Thompson Hine’s in The Law for Lawyers Today Confidentiality.

“According to the disciplinary board’s decision, the lawyer represented a client in a child custody matter and achieved a ‘seemingly good result’ via settlement. Over a year later, however, the client posted ‘poor reviews’of the lawyer’s services on several websites. In turn, as set out in the board decision, the lawyer posted a review of the client’s massage business on Yelp, where he said that the client ‘is a convicted felon for fleeing the state with children. A wonderful parent. Additionally, she has been convicted of shoplifting from a supermarket. Hide your wallets well during a massage. Ooops, almost forgot about the DWI conviction. Well maybe a couple of beers during a massage would be nice.'”

“After the client complained, the lawyer sought to explain his actions, according to the board decision. He admitted he was ‘very upset’ by the client’s negative Yelp rating of his practice, and felt that his response was justified because ‘what was good for the goose was good for the gander.'”

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“A Princeton graduate and a human rights lawyer were both charged in an attack that left a police car dashboard charred. No one was injured,” report William K. Rashbaum and Andrea Salcedo in The New York Times.

“Two lawyers were charged with taking part in a Molotov cocktail attack on a police patrol car over the weekend — a human rights lawyer and a Princeton-educated associate at a Manhattan law firm.”

“The attack during the Brooklyn protests left the dashboard of a blue-and-white police car charred after a night of violent clashes between protesters and police, a symbol of the chaos wrought over a weekend of sometimes peaceful and sometimes violent demonstrations.”

“Both were arrested shortly after the incident early Saturday during protests against the killing of George Floyd, federal authorities said.”

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Agreement ensures funds will benefit victims of opioid epidemic 

 TYLER, Texas – A landmark agreement between the Texas Attorney General’s office and a group of Texas counties and cities impacted by the country’s opioid epidemic paves the way for future settlement money to be directed to rural communities battling the crisis, lawyers with Tyler-based Martin Walker said Friday. 

 “This agreement is historic in that combining efforts with the Texas Attorney General’s office strengthens our position immensely and gives us one united and powerful voice,” said Martin Walker attorney Reid Martin. “But it also allows us to learn the lessons of settlements past. After the Big Tobacco settlement in the 1990s, we saw that many of the funds never made it to those who needed it most. This agreement will prevent that from happening. We know that the money will go to fund opioid addiction treatment, help impacted communities and ultimately save lives.” 

The Martin Walker legal team represents 29 counties in opioid litigation in Texas, most in east and northeast Texas. 

Under the agreement announced by Texas Attorney General Ken Paxton, state and county representatives will be included in all negotiations currently underway with opioid drug distributors and manufacturers. In the event of a settlement, the agreement creates an allocation structure that guarantees state and local governments will each receive a 15 percent share of the funds. The remaining 70 percent will be administered by the Texas Opioid Council to be dispersed to treatment programs operated by 20 regional health care partnerships across Texas. 

“This agreement is the result of years of hard work, and we are proud to see that our own Smith County has held a leadership role in the negotiations,” said Martin Walker attorney Jack Walker. “This agreement ensures that Tyler’s medical facilities, which serve all of East Texas, will get the funds they need to help in the fight against opioid addiction.”  

 Martin Walker PC is a Tyler-based law firm with significant trial expertise representing individuals and businesses in high-stakes litigation, including medical malpractice, catastrophic injuries involving 18-wheeler accidents, oilfield injuries, wrongful death, and product liability.

For more information visit Martin Walker Law

“The Louisiana Supreme Court reinstated a lawyer Tuesday who had been suspended for a year and a day for chest bumping a prosecutor in a judge’s chambers,” reports Debra Cassens Weiss in ABA Journal’s Latest News.

“The state supreme court reinstated Baton Rouge lawyer Felix Anthony DeJean IV in a per curiam opinion. The opinion said DeJean had complied with reinstatement criteria.”

“Concurring Justice Scott Crichton said DeJean had attended counseling, acknowledged his wrongdoing, and recognized the seriousness of his actions. He presented character witnesses who told of his good character and self-improvement.”

“DeJean had been convicted of simple battery for the March 2015 incident. District Attorney Bradley Burget of Concordia Parish had claimed that DeJean exchanged words with him, physically confronted him and chest bumped him. DeJean received a suspended jail sentence in the criminal case along with 18 months of supervised probation that required him to complete an anger management program.”

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“Attorney General Maura Healey has reached a $380,000 settlement with a Canton-based building contractor accused of falsely claiming they had hired minority- and women-owned subcontractors as required on a $15 million dollar state project,” reports Paul Singer and Chris Burrell in WGBH’s local news.

“The company, ENE Systems, Inc. — a systems engineering firm that has worked on major building projects across the region — denies any wrongdoing, and said it tried to meet the hiring goals, but it agreed to pay $300,000, give up another $81,000 remaining on the contract and conduct an annual review of its own compliance with state requirements for hiring minorities and women. The settlement is the seventh “false claims” case brought by the AG’s office over the past decade against companies accused of failing to meet minority hiring commitments, and is the second largest. Six of these cases have been brought by a new false claims division created by Healey in 2015.”

“Earlier this year, an investigation by WGBH’s New England Center for Investigative Reporting showed that minority-owned businesses — black owned businesses in particular — receive only a tiny fraction of the billions of dollars state agencies spend each year on contractors, and their share of state contracts and discretionary agency spending has declined over the past 20 years.”

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“Investors suffering losses from Bayer’s Roundup legal woes are finally seeing a light at the end of the tunnel, as the German conglomerate is said to be nearing a final settlement that could put tens of thousands of lawsuits behind it,” reports Angus Liu in FiercePharma’s Pharma.

“Bayer has reached verbal agreements with a large proportion of about 125,000 U.S. plaintiffs who allege Roundup causes cancer as part of a $10 billion plan to end all legal claims around the weedkiller, Bloomberg reported, citing people familiar with the negotiations.”

“Wrapping up the legal battle at $10 billion would be a win for Bayer, as it has lost $30 billion in market value since the Monsanto buyout, through which it inherited Roundup.”

“So far, Bayer has lost all three trials that ended with combined $191 million in damages, though the company is still fighting them in appeals court.”

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“A well-known Waco, Texas defense lawyer, who once ran for county district attorney, sat behind bars on Saturday after a local police sting allegedly caught him plotting to kill a colleague’s ex-husband using a hitman,” reports Blake Montgomery and Olivia Messer in MSN News’ Crime.

“Seth Andrew Sutton has long held an upstanding reputation in Waco as a criminal defense lawyer, successfully defending clients in high-profile cases.”

“The would-be killer … was actually an undercover policeman all along, and police arrested Sutton and Tijerina on Friday under felony charges of conspiracy to commit capital murder.”

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Police arrested a Staten Island lawyer in the middle of international drug-smuggling investigation, reports Jeff Bachner in New York Daily News’ NYC Crime.

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“An Iowa lawyer described as a ‘superb advocate’ has been suspended for overbilling the state public defender for her legal services and car mileage,” reports Debra Cassens Weiss in ABA Journal’s Daily News.

“Lawyer Jennifer Meyer was well regarded, but her billing practices require a one-year suspension, the Iowa Supreme Court ruled in a May 15 opinion.”

“Meyer provided services to the state public defender as a contract attorney. She billed the agency for more than 24 hours in a day on 30 different days, according to an audit spanning four years. During the same period, Meyer had duplicated reimbursement requests for mileage, attributing trips to a location to multiple clients 147 times.”

“Before the grievance commission, Meyer consistently argued that she did the legal work and was entitled to payment, despite billing irregularities. She often worked beyond customary hours and on weekends, she said.”

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“Santander Consumer USA will pay $65 million to states and forgive hundreds of millions more in consumer debt as part of a settlement with a group of attorneys general over practices in its subprime auto lending business,” reports Laura Alix in American Banker.

“The attorneys general, representing 33 states and the District of Columbia, said the Dallas-based lender had exposed borrowers to unnecessarily risky loans with a high chance of default. In addition to paying $65 million in restitution, Santander Consumer has also agreed to forgive nearly $500 million in car loan debt to borrower nationwide.”

“Santander defrauded desperate consumers by placing them into auto loans the company knew these customers could never afford to pay, resulting in defaults and negative ratings on consumers’ credit reports.”

“The agreement announced Tuesday caps an investigation the attorneys general launched early in 2015 into the U.S. consumer lending unit of the Spanish banking giant Banco Santander. The coalition said its investigation revealed Santander Consumer knew that certain groups of consumers had a high risk of default, but still steered them into loans with high loan-to-value ratios, significant backend fees and high payment-to-income ratios.”

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“The state’s highest court issued an order permanently disbarring a once popular Tampa attorney now accused of withholding his clients’ settlement money,” reports Jackie Callaway in ABC Action Taking Action for You.

“The Florida Supreme Court issued the order disbarring Jose Toledo as of May 14.”

“Toledo practiced personal injury and immigration law in the Tampa Bay area for two decades.”

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“An Ohio lawyer crossed a border and also a line, leading to a two-year suspension and a restitution order under an opinion the state supreme court handed down this week. The suspension was based on ethics violations as to numerous clients, but one involved the prohibitions against unauthorized practice and sexual activity with clients. The opinion continues the disciplinary trend in the Buckeye State to treat all forms of lawyer-client sex harshly — even in the absence of physical contact. It also shines a light on the perils of unlicensed cross-border practice,” reports Karen Rubin in The Law for Today’s How Not to Practice.

“The client’s divorce action was already pending in Monroe County, Michigan when she retained the lawyer, who practiced in Toledo, Ohio, just across the border from Michigan. The lawyer advised the client that he was not licensed to practice in Michigan, but would file a motion for pro hac vice admission and affiliate himself with an Ohio lawyer he knew who was licensed in both states.”

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“A policy adviser to Philadelphia District Attorney Larry Krasner was arrested Monday and charged with endangering the welfare of a child for allegedly leaving her 4-year-old daughter unattended in her car for more than a half-hour,” reports Mensah M. Dean in The Philadelphia Inquirer.

“Dana Lynn Bazelon, 40, was taken into custody about 3:30 p.m. on Rittenhouse Street near Lincoln Drive in West Mount Airy, according to Mark Shade, a spokesperson for the Attorney General’s Office, which is handling the matter.”

“Bazelon took her 6-year-old son for a walk and left her sleeping daughter in the backseat of her Ford Fusion with all four windows cracked but not enough for a person to be able to reach inside, a law-enforcement source said.”

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“Jennifer Loya, 30, helped a drug network in San Antonio stay a step ahead of drug enforcement agents through her access to information as a federal employee, according to court documents,” reports Christine Hauser in The New York Times.

“A paralegal in the San Antonio headquarters of the U.S. attorney for the Western District of Texas is accused of using her access to help a notorious drug cartel evade the authorities.”

“Just before they were raided by federal agents, drug dealers in San Antonio affiliated with a Mexican cartel moved their stockpiles of heroin, methamphetamine and cocaine. A paralegal in the federal prosecutor’s office tipped them off, the authorities said.”

“Court filings in Texas describe a career path that took Jennifer Loya, 30, from a low-level post in the U.S. Attorney’s Office in San Antonio to a promotion in February to paralegal, a position that prosecutors said she turned into an inside job helping a network of Cartel del Noreste associates stay a step ahead of the authorities.”

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“A historic settlement reached between the state and Detroit students calls for $94.5 million in future literacy funding, a $280,000 payout among seven plaintiffs and the creation of two Detroit task forces to help ensure a quality education for students,” reports Jennifer Chambers and Beth LeBlanc in The Detroit News.

“News of the agreement came after the Detroit students were locked in a nearly four-year legal battle with the state for better school and learning conditions. The lawsuit was brought by seven students who argued they were deprived access to literacy because of a lack of books, teachers and poor building conditions.:

“Despite the state’s position to defend itself against the students’ accusations of inequality over literacy access, Gov. Gretchen Whitmer said Thursday she has maintained that every student, no matter where they come from, has a birthright to a quality public education.”

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“In a landmark acknowledgment of the toll that content moderation takes on its workforce, Facebook has agreed to pay $52 million to current and former moderators to compensate them for mental health issues developed on the job. In a preliminary settlement filed on Friday in San Mateo Superior Court, the social network agreed to pay damages to American moderators and provide more counseling to them while they work,” reported Casey Newton in The Verge’s Tech.

“Each moderator will receive a minimum of $1,000 and will be eligible for additional compensation if they are diagnosed with post-traumatic stress disorder or related conditions. The settlement covers 11,250 moderators, and lawyers in the case believe that as many as half of them may be eligible for extra pay related to mental health issues associated with their time working for Facebook, including depression and addiction.”

“In September 2018, former Facebook moderator Selena Scola sued Facebook, alleging that she developed PTSD after being placed in a role that required her to regularly view photos and images of rape, murder, and suicide. Scola developed symptoms of PTSD after nine months on the job. The complaint, which was ultimately joined by several other former Facebook moderators working in four states, alleged that Facebook had failed to provide them with a safe workspace.”

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Comedian, Jeff Dunham, “plays a bland everyman who brings to life a series of over-the-top puppet characters, some of which have offended politically correct sensibilities – there’s a skeletal terrorist, a crotchety old geezer, a jalapeño pepper with a Mexican accent, a flamboyant pimp, and so on,” reported in BakerHostetler’s blog.

“These characters are Jeff Dunham’s living.”

“The value of Dunham’s puppet partners is at the center of a deeply exasperated complaint he filed in the Central District of California in April. Dunham goes after the defendants, Raymond Lei and his novelty fashion company ooshirts… Allegedly, Lei and company have spent years profiting from Dunham’s copyrights and trademarks by printing his various characters and their catch phrases, as well as images of Dunham himself, on T-shirts and other products.”

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“A California federal judge has denied preliminary approval of a $1.1 million settlement in a wage lawsuit against Western Express, sending the parties back to the drawing board,” reports Tyson Fisher in Land Line.

“On May 1, U.S. District Judge Jesus G. Bernal denied Marc Rivera’s preliminary settlement against Western Express worth more than $1 million. Both Rivera and Western Express were seeking certification of the settlement. The class action lawsuit accuses the company of underpaying California drivers by violating rest and meal break wage laws.”

“Explaining the decision, Bernal pointed to the ‘Release’ section of the settlement. Found in nearly all settlements, the release prevents plaintiffs from bringing a related claim against the defendant in the future. If the agreement were to release claims based on different facts, the court can deny the approval.”

“Calling the release ‘overbroad,’ Markson’s counsel filed the objection on behalf of absent class members in the Western Express lawsuit who are also members of the Markson case.”

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