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Model Rules of Professional Conduct

Tenth Circuit: Prosecutors May Subpoena Lawyers to Testify Before a Grand Jury

Tenth Circuit: Prosecutors may subpoena lawyers to testify before grand jury

In June, the Tenth Circuit Court of Appeals, as a matter of first impression, held that a New Mexico rule of professional conduct limiting a prosecutor’s ability to subpoena a lawyer to testify about past or present clients during grand jury or other criminal proceedings was preempted by federal law.  The New Mexico defendants have petitioned for rehearing en banc, but no decision has been issued on their petition for rehearing in front of the entire Tenth Circuit. ABA Model […]

ABA - American Bar Association

ABA passes anti-discrimination rule

Early last week, the American Bar Association (“ABA”) House of Delegates passed an amendment to the Model Rules of Professional Conduct prohibiting lawyers from engaging in any harassment or discrimination as it relates to the practice of law.  The amendment’s passage comes after months of debate, comment, and revision.  Revised Resolution 109 passed the ABA House of Delegates by a voice vote and without any dissenting comments from the house floor.  The newly adopted version of the rule is reflective […]

Nexsen Pruet Sued Over Failure to Communicate

Nexsen Pruet sued over lost whistleblower suit

In October 2015, the Department of Justice (“DOJ”) resolved a $237 million judgment against Tuomey Healthcare System, following a 2013 jury verdict that found Tuomey had illegally billed Medicare for services referred by physicians Tuomey had an improper financial relationship with.  The Fourth Circuit Court of Appeals affirmed the judgment in July 2015.  However, now, several Tuomey board members have sued Nexsen Pruet, the law firm that represented Tuomey in the lawsuit. Jury Finds Tuomey Violated the Stark Law and […]