A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
October 27, 2010.
GlaxoSmithKline to Pay $750M to Settle Federal Charges Over Adulterated Drugs
The National Law Journal
GlaxoSmithKline has agreed to pay $750 million to settle federal charges in the fourth-largest health care fraud settlement in the U.S. The deal calls for GSK to plead guilty to introducing four types of adulterated drugs for delivery into interstate commerce from March 2003 to October 2004. The drugs were made by subsidiary SB Pharma Puerto Rico at a since-closed facility. The GSK settlement is the first significant settlement of a criminal case that includes an adulteration charge, according to a U.S. Attorney.
Judge Credits AstraZeneca's 'Prior Invention' Claim in Patent Fight
The Legal Intelligencer
A federal judge has dismissed a patent infringement suit brought by Teva Pharmaceuticals after finding that allegedly infringing product formulations in the cholesterol drug Crestor were "conceived of and reduced to practice" by AstraZeneca Pharmaceuticals prior to Teva's patent. The decision by U.S. District Judge William H. Yohn Jr. in Teva v. AstraZeneca was premised on the century-old axiom in patent law that "a product which would literally infringe if later in time anticipates if earlier."
Government's 'Duty to Defend' Not a Given
The National Law Journal
The vaunted governmental "duty to defend" acts of Congress has been invoked often in recent weeks in connection with the "don't ask, don't tell" law barring gays from the military -- a law that the Obama administration opposes but still is poised to defend. But history shows that this longstanding practice is not always followed, and solicitors general have been throwing provisions of federal laws under the bus for decades. Thirteen times in the past six years, the Justice Department has opted not to defend a statute.
Baker & McKenzie Hit With $103 Million Malpractice Verdict
The American Lawy
A Mississippi jury has found in favor of a former Baker & McKenzie client by returning a $103 million malpractice verdict against the firm and a lawyer in its Dallas office. Plaintiff S. Lavon Evans Jr. claimed that Baker & McKenzie represented him at the same time that it advised his partner in an oil rig drilling business, according to reports. Evans further claims he was unaware that his partner, Charles Reed Cagle, was insolvent and was using his own assets as leverage to obtain millions of dollars in loans.
Gay Mich. Student Drops Protection Request Against Assistant AG
The Associated Press
The gay student government president at the University of Michigan dropped a request Monday for a personal protection order against a state lawyer who heckled his speeches and criticized him on a blog. Chris Armstrong had accused Assistant Attorney General Andrew Shirvell of videotaping a late-night party at his off-campus house, showing up at campus appearances with a sign that said "racist" and "liar" and lambasting him as someone with a "radical homosexual agenda" on his blog.
Disbarment Sought for Attorney Who Claimed to Channel Client's Dead Wife
The National Law Journal
The State Bar of Arizona wants to throw the book at an attorney who told a client she was channeling his dead wife, then allegedly lied about it during an unrelated disciplinary proceeding. Earlier this month, the Disciplinary Commission of the Supreme Court of Arizona upped Charna Johnson's suspension from six months and a day to one year followed by two years of probation. However, the State Bar is still not satisfied and has filed a notice of its intent to ask the Supreme Court to review the case and disbar Johnson.
9th Circuit Delivers Death Blow to Off-Label Marketing Suit Against Amgen
The American Lawyer
The 9th Circuit has affirmed the dismissal of a Racketeer Influenced and Corrupt Organizations Act class action accusing Amgen of falsely marketing its anemia medicines, Epogen and Aranesp, for off-label purposes such as heart failure and cancer. The court concluded that none of the Amgen statements cited by plaintiffs were actually false or misleading when their complaint was made, and also found that the class, led by the Sheet Metal Workers National Health Fund, failed to link the statements to any alleged injury.
Court Declines to Sanction Former Partner Suing Holland & Knight
New York Law Journal
A New York state judge has declined to sanction a former Holland & Knight partner who is suing the firm over his 2002 termination. In a decision filed Monday, the judge declined to adopt a referee's recommendation to fine John K. Weir $2,500 plus attorney fees and costs for failing to file a timely notice that his case was ready for trial. The judge said the finding that Weir missed the deadline to file the notice does not rise "to the level of harassment or other frivolous conduct" within the meaning of the law.
Free Speech Protects Amazon Buyers' Data, Federal Judge Rules
The Associated Press
Lists that identify the books, music and movies individual customers bought from online retailer Amazon.com are protected from North Carolina tax collectors, a federal judge has ruled. Amazon said in an April lawsuit that disclosing the names, addresses and purchases of customers as requested by the North Carolina Revenue Department would harm anyone who may have bought controversial books or movies. At stake are potentially millions of dollars in taxes that North Carolina contends Amazon was responsible for collecting.
Lawyer Arrested for Allegedly Making Threatening, Racist Phone Calls
New York Law Journal
A lawyer for the New York state Department of Civil Service was arrested last week for allegedly making threatening phone calls over the summer. In the first, the caller used racial slurs and threatened to kill a black woman. In the second, the caller threatened to "kidnap the little black boy who plays outside and tie him up." The calls blamed on James A. Hennessey Jr., which authorities said were masked by using a website called www.bluffmycall.com, were traced by police and the FBI.
Lawyer Files Continuance for 'Very Important Baseball Business' -- Attending World Series
Texas Lawyer
A Dallas lawyer filed a continuance motion Monday so he can attend his favorite team's first-ever World Series appearance today. Darrell W. Cook says he has tickets to Game 1 of the World Series between the Texas Rangers and the San Francisco Giants, which falls on the same day as a pretrial hearing in his client's code enforcement case. "I would really rather be there ... at the court," the motion says, "But I can't be there and attending to some very important baseball business in San Francisco. I'm only one dude.
Sidley Austin Looks to Riverbed to Build a Broader Network
Legal Tech Newsletter
Sidley Austin had a legacy network connecting its 17 offices in the U.S., Asia and Europe, resulting in slow data transfers and limiting the firm's ability to centralize IT resources. To create better connectivity between offices, the firm upgraded its network with Riverbed appliances.
Visit Legal Technology
The Careerist: The Power Look -- White Males Only?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. The Power Look -- White Males Only? Plus Law Schools Face More Pressure to Provide Job Data -- Maybe; Ugandan Women Get Rare Chance to Go to Law School And MBAs More Uncouth Than J.D.s?
Visit The Careerist
Managing Partners Have Positive Outlook, Survey Shows
Daily Business Review
After two years of increasing pessimism, the Daily Business Review's annual managing partner survey found that the vast majority of managing partners at firms with South Florida offices feel "somewhat" or "quite" optimistic about the future of both their law firms and the industry.
Visit lawjobs.com News & Views
Some Disabled Lawyers Find Going Solo Works Best
The National Law Journal
George Walls Jr., who is paralyzed from the shoulders down, has worked for another lawyer, and as an in-house lawyer, but found that going solo is the best fit for him -- and he's not alone. Disabled lawyers across the country say hanging out a shingle helps them manage their physical needs and limitations. Those who receive Social Security disability benefits can maximize income without exceeding government-benefit restrictions and even provide low-cost or free legal help to disabled and low-income clients.
Visit Small Firm Business
Showing posts with label National Legal News. Show all posts
Showing posts with label National Legal News. Show all posts
Wednesday, October 27, 2010
Tuesday, October 26, 2010
Selections from New York and National Legal News October 26, 2010
Subscription required for online access unless otherwise noted:
New York Law Journal Highlights October 26, 2010.
http://www.nylj.com/
Democrat Outpaces Republican in Campaign Contributions
New York Law Journal
Panel Orders Review of 9/11 Firefighter's Loss of His Benefits
New York Law Journal
Business Pressures, Conflict Potential Prompt Firm to Take Sides in Drug Company IP Cases
New York Law Journal
Chief Judge Expands Reach of 'Emeritus' Pro Bono Effort
New York Law Journal
News In Brief
New York Law Journal
Justice Roberts Recalled as Gruff but Fair
New York Law Journal
Corrections
New York Law Journal
The BLT: Blog of the Legal Times of Washington D.C.
New York Law Journal Highlights October 26, 2010.
http://www.nylj.com/
Democrat Outpaces Republican in Campaign Contributions
New York Law Journal
Panel Orders Review of 9/11 Firefighter's Loss of His Benefits
New York Law Journal
Business Pressures, Conflict Potential Prompt Firm to Take Sides in Drug Company IP Cases
New York Law Journal
Chief Judge Expands Reach of 'Emeritus' Pro Bono Effort
New York Law Journal
News In Brief
New York Law Journal
Justice Roberts Recalled as Gruff but Fair
New York Law Journal
Corrections
New York Law Journal
The BLT: Blog of the Legal Times of Washington D.C.
Monday, October 25, 2010
Selctions from National and New York Legal News: October 25, 2010
October 25, 2010
News from Law.com Newswire
News from the New York Law Journal: Subscription required.
From the National Law Journal: Subscription required
From NLJ: Legal Times of Washington: Subscription required
News from Law.com Newswire
News from the New York Law Journal: Subscription required.
From the National Law Journal: Subscription required
From NLJ: Legal Times of Washington: Subscription required
Thursday, October 21, 2010
LAW.COM Newswire Highlights October 21, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers
New York Law Journal
Amid mounting national concern over the accuracy of court documents in foreclosure cases, New York state's court system has directed lenders' lawyers to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures. The court system's affirmation form notes that foreclosure filings in various U.S. courts have been subject to such defects as failure to review documents and establish standings, bogus affidavits and the "robo-signing" of documents.
Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities
The American Lawyer
A group of eight institutional investors who collectively hold more than 25 percent of the voting rights in more than $47 billion in Countrywide mortgage-backed securities has sent a notice of non-performance to Bank of America and Bank of New York Mellon, claiming that BofA failed to perform its duties as the servicer of the bond deals. And unless BofA takes action on the notice -- by buying back at par securities backed by mortgages that violated contractual underwriting standards -- the group intends to sue.
9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
The National Law Journal
The 9th Circuit on Wednesday granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members. The only reason the appeals court gave for its action was "to provide this court with an opportunity to consider fully the issues presented." The three-judge panel gave the plaintiff in the underlying case until Oct. 25 to oppose the government's broader request for a stay of the injunction pending its appeal.
Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud
The American Lawyer
Former Greenberg Traurig associate Michael Shaw pleaded guilty on Wednesday to stealing nearly $500,000 from the firm between 2002 and last year, when the scheme was discovered and he was fired. According to a guilty plea and plea agreement, Shaw has already paid $524,947 to "a victim of the fraud" -- presumably Greenberg. The agreement states that Shaw is subject to a maximum prison term of 30 years and a maximum penalty of $1,000,000.
Vet May Seek Punitives in Claim for Denial of Job Reinstatement
The Legal Intelligencer
A military reservist who claims he was denied the right to "reclaim" his civilian job after returning from a deployment to Pakistan has won the right to pursue punitive damages under a state tort claim for wrongful discharge. A Pennsylvania federal judge ruled that the plaintiff -- a Marine veteran and a member of the Air Force Reserve -- is entitled to seek tort damages, "including compensatory damages for emotional distress, embarrassment and humiliation, as well as punitive damages."
Suit Says Wilson Sonsini Tried to Hide Conflict
The Recorder
A former client is suing Wilson Sonsini Goodrich & Rosati over an alleged conflict of interest. Existence Genetics claims Wilson Sonsini IP partner Vern Norviel represented the predictive medicine company even though the firm also represented a competitor. The company claims Norviel told its CEO that he had checked for conflicts of interest and found none, but that a year later, a junior associate at Wilson Sonsini "let slip" that the firm also represented a direct competitor, Navigenics Inc.
Judge Approves Disclosure Statement for WaMu Reorganization Plan
The American Lawyer
Washington Mutual's bankruptcy finally looks to be winding down, with Delaware bankruptcy Judge Mary F. Walrath signing off on an order approving a disclosure statement filed in connection with WaMu's proposed reorganization plan. The plan, which would liquidate $7 billion with the bulk coming from a $6 billion settlement between WaMu, its owner JPMorgan Chase, and the FDIC among various creditors, is set to be voted on by WaMu's creditors on Nov. 15 -- two weeks after the independent examiner's report is due.
Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation
The American Lawyer
Last Friday, Bayer Crop Science finished the fourth day of a bellwether trial in the 7,000-case mass tort over its alleged contamination of the U.S. long-grain rice crop with an experimental strain of genetically modified rice. The trial was the first in which the plaintiffs could present their case for punitive damages along with their case in chief, which apparently made a difference: On Monday, Bayer announced a $290,000 settlement -- Bayer's first in the litigation.
DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit
The National Law Journal
Potentially capping more than a decade of litigation in Washington, the government has agreed to pay $680 million to a class of American Indian farmers and ranchers who alleged the Agriculture Department's loan program was discriminatory. President Barack Obama praised the settlement and urged Congress to act on two proposed settlements in separate suits that would resolve claims among black farmers and a class of American Indians who are challenging the management of Indian trust accounts and resources.
8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic
The American Lawyer
Last week, Medtronic's $268 million settlement of essentially all pending U.S. claims alleging product liability defects in its Sprint Fidelis defibrillator leads came before the 8th Circuit ruled on the dismissal of many of those cases on pre-emption grounds. On Friday, that ruling came down. It's the first appellate interpretation of the U.S. Supreme Court's ruling in Riegel v. Medtronic -- and it's a home run for fans of federal pre-emption of state law-based product liability claims.
Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons
New York Law Journal
New York's persistent felony offender statute does not violate the Sixth Amendment of the U.S. Constitution, the 2nd Circuit has ruled. Sitting en banc, an easy majority of circuit judges said that judicial findings in applying an enhanced sentencing range for defendants under the statute do not violate the right to trial by jury. The decision reversed a three-judge panel's March 31 ruling that the Sixth Amendment "prohibits the type of judicial fact-finding resulting in enhanced sentences" under the statute.
Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit
The Recorder
A California judge last week certified a class of an estimated 3,000 Oracle employees who allege they were misclassified as exempt and deprived of overtime pay. Judge Steven Brick's order certified three subclasses of technical analysts, project managers and quality assurance analysts or developers for Oracle and PeopleSoft, which Oracle bought in 2005. They say Oracle violated provisions of the California Labor Code by failing to pay overtime wages and give them off-duty meal periods.
Attorney Sentenced to 5 Years for OxyContin Possession
The Associated Press
An Idaho attorney who police say recruited a client to help feed his prescription pill addiction has been sentenced to five years in prison. Shawn C. Nunley, a former county deputy prosecutor, pleaded guilty to possession of a controlled substance and began his prison sentence on Friday at the Idaho State Correctional Institution.
Review: Nuance PDF Converter 7
Special to Law.com
Among vendors offering professional-grade PDF converters, Nuance Communications has been at the top of the list. John K. Waters reviews Nuance's latest release, PDF Converter Professional 7, which comes with a number of enhancements that build on its collaboration with Microsoft.
Visit Legal Technology
If Lockstep Is Dead, How About a 'Miles Earned' Type of System?
Fulton County Daily Report
As Big Law strays away from the use of lockstep, the ladder lawyers thought they were all climbing has been kicked out from under them, notes The Snark. So how about a new ranking system with catchy mineral-based names that weighs factors like number of direct phone calls from clients?
Visit lawjobs.com News & Views
The Careerist: Les Femmes Fatiguees
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Les Femmes Fatiguees: It turns out French women's lives may not be so fantastique Also We're Not on the Same Page: Men and women on corporate boards And When Mom Disses Your Work
Visit The Careerist
N.Y. Courts to Require Attorneys to Verify Foreclosure Papers
New York Law Journal
Amid mounting national concern over the accuracy of court documents in foreclosure cases, New York state's court system has directed lenders' lawyers to file an affirmation that they have taken reasonable steps to verify the accuracy of papers they file to support residential foreclosures. The court system's affirmation form notes that foreclosure filings in various U.S. courts have been subject to such defects as failure to review documents and establish standings, bogus affidavits and the "robo-signing" of documents.
Bondholders Gear Up to Sue Banks Over $47 Billion in Countrywide Mortgage-Backed Securities
The American Lawyer
A group of eight institutional investors who collectively hold more than 25 percent of the voting rights in more than $47 billion in Countrywide mortgage-backed securities has sent a notice of non-performance to Bank of America and Bank of New York Mellon, claiming that BofA failed to perform its duties as the servicer of the bond deals. And unless BofA takes action on the notice -- by buying back at par securities backed by mortgages that violated contractual underwriting standards -- the group intends to sue.
9th Circuit Grants Stay of 'Don't Ask, Don't Tell' Injunction
The National Law Journal
The 9th Circuit on Wednesday granted the government's emergency motion for a temporary stay of a worldwide injunction barring enforcement of "don't ask, don't tell," the military's ban on openly gay service members. The only reason the appeals court gave for its action was "to provide this court with an opportunity to consider fully the issues presented." The three-judge panel gave the plaintiff in the underlying case until Oct. 25 to oppose the government's broader request for a stay of the injunction pending its appeal.
Former Greenberg Lawyer Pleads Guilty to $500,000 Fraud
The American Lawyer
Former Greenberg Traurig associate Michael Shaw pleaded guilty on Wednesday to stealing nearly $500,000 from the firm between 2002 and last year, when the scheme was discovered and he was fired. According to a guilty plea and plea agreement, Shaw has already paid $524,947 to "a victim of the fraud" -- presumably Greenberg. The agreement states that Shaw is subject to a maximum prison term of 30 years and a maximum penalty of $1,000,000.
Vet May Seek Punitives in Claim for Denial of Job Reinstatement
The Legal Intelligencer
A military reservist who claims he was denied the right to "reclaim" his civilian job after returning from a deployment to Pakistan has won the right to pursue punitive damages under a state tort claim for wrongful discharge. A Pennsylvania federal judge ruled that the plaintiff -- a Marine veteran and a member of the Air Force Reserve -- is entitled to seek tort damages, "including compensatory damages for emotional distress, embarrassment and humiliation, as well as punitive damages."
Suit Says Wilson Sonsini Tried to Hide Conflict
The Recorder
A former client is suing Wilson Sonsini Goodrich & Rosati over an alleged conflict of interest. Existence Genetics claims Wilson Sonsini IP partner Vern Norviel represented the predictive medicine company even though the firm also represented a competitor. The company claims Norviel told its CEO that he had checked for conflicts of interest and found none, but that a year later, a junior associate at Wilson Sonsini "let slip" that the firm also represented a direct competitor, Navigenics Inc.
Judge Approves Disclosure Statement for WaMu Reorganization Plan
The American Lawyer
Washington Mutual's bankruptcy finally looks to be winding down, with Delaware bankruptcy Judge Mary F. Walrath signing off on an order approving a disclosure statement filed in connection with WaMu's proposed reorganization plan. The plan, which would liquidate $7 billion with the bulk coming from a $6 billion settlement between WaMu, its owner JPMorgan Chase, and the FDIC among various creditors, is set to be voted on by WaMu's creditors on Nov. 15 -- two weeks after the independent examiner's report is due.
Bayer Agrees to 'Watershed' Settlement in 7,000-Case Rice Crop Contamination Litigation
The American Lawyer
Last Friday, Bayer Crop Science finished the fourth day of a bellwether trial in the 7,000-case mass tort over its alleged contamination of the U.S. long-grain rice crop with an experimental strain of genetically modified rice. The trial was the first in which the plaintiffs could present their case for punitive damages along with their case in chief, which apparently made a difference: On Monday, Bayer announced a $290,000 settlement -- Bayer's first in the litigation.
DOJ, Plaintiffs Lawyers Announce $680 Million Settlement in American Indian Discrimination Suit
The National Law Journal
Potentially capping more than a decade of litigation in Washington, the government has agreed to pay $680 million to a class of American Indian farmers and ranchers who alleged the Agriculture Department's loan program was discriminatory. President Barack Obama praised the settlement and urged Congress to act on two proposed settlements in separate suits that would resolve claims among black farmers and a class of American Indians who are challenging the management of Indian trust accounts and resources.
8th Circuit Affirms Pre-emption Dismissal of Defibrillator Cases Against Medtronic
The American Lawyer
Last week, Medtronic's $268 million settlement of essentially all pending U.S. claims alleging product liability defects in its Sprint Fidelis defibrillator leads came before the 8th Circuit ruled on the dismissal of many of those cases on pre-emption grounds. On Friday, that ruling came down. It's the first appellate interpretation of the U.S. Supreme Court's ruling in Riegel v. Medtronic -- and it's a home run for fans of federal pre-emption of state law-based product liability claims.
Full 2nd Circuit Upholds N.Y. Law Allowing Longer Terms for Felons
New York Law Journal
New York's persistent felony offender statute does not violate the Sixth Amendment of the U.S. Constitution, the 2nd Circuit has ruled. Sitting en banc, an easy majority of circuit judges said that judicial findings in applying an enhanced sentencing range for defendants under the statute do not violate the right to trial by jury. The decision reversed a three-judge panel's March 31 ruling that the Sixth Amendment "prohibits the type of judicial fact-finding resulting in enhanced sentences" under the statute.
Calif. Judge Certifies Class of Oracle Employees in Wage-and-Hour Suit
The Recorder
A California judge last week certified a class of an estimated 3,000 Oracle employees who allege they were misclassified as exempt and deprived of overtime pay. Judge Steven Brick's order certified three subclasses of technical analysts, project managers and quality assurance analysts or developers for Oracle and PeopleSoft, which Oracle bought in 2005. They say Oracle violated provisions of the California Labor Code by failing to pay overtime wages and give them off-duty meal periods.
Attorney Sentenced to 5 Years for OxyContin Possession
The Associated Press
An Idaho attorney who police say recruited a client to help feed his prescription pill addiction has been sentenced to five years in prison. Shawn C. Nunley, a former county deputy prosecutor, pleaded guilty to possession of a controlled substance and began his prison sentence on Friday at the Idaho State Correctional Institution.
Review: Nuance PDF Converter 7
Special to Law.com
Among vendors offering professional-grade PDF converters, Nuance Communications has been at the top of the list. John K. Waters reviews Nuance's latest release, PDF Converter Professional 7, which comes with a number of enhancements that build on its collaboration with Microsoft.
Visit Legal Technology
If Lockstep Is Dead, How About a 'Miles Earned' Type of System?
Fulton County Daily Report
As Big Law strays away from the use of lockstep, the ladder lawyers thought they were all climbing has been kicked out from under them, notes The Snark. So how about a new ranking system with catchy mineral-based names that weighs factors like number of direct phone calls from clients?
Visit lawjobs.com News & Views
The Careerist: Les Femmes Fatiguees
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Les Femmes Fatiguees: It turns out French women's lives may not be so fantastique Also We're Not on the Same Page: Men and women on corporate boards And When Mom Disses Your Work
Visit The Careerist
Friday, October 15, 2010
LAW.COM Newswire Highlights October 15, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Fla. Judge Says States' Health Law Challenge Can Go Forward
The National Law Journal
A federal judge in Florida has rejected the Obama administration's motion to dismiss a challenge to the new health care reform law brought by 20 state attorneys general and four governors. The judge ruled that two key claims could go forward: the states' claim that the individual mandate to purchase coverage exceeds Congress' commerce clause power and violates the Ninth and 10th Amendments, and the claim that the act unconstitutionally coerces and commandeers the states with respect to the Medicaid program.
Government Asks for Stay of Injunction Against 'Don't Ask'
The National Law Journal
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of "don't ask, don't tell," the law that bans open homosexuals from serving in the military. In court filings on Thursday, the Justice Department, citing "serious legal questions," said the military would be "irreparably harmed" if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.
Judge Dismisses Class Action Against Countrywide, Rules BofA Not Obligated to Buy Back Mortgages
The American Lawye
For the second time in three weeks, Bank of America has escaped liability in cases involving the Countrywide mortgage business it acquired in 2008. Last month, a federal judge dismissed claims by two trusts that had bought $43 million of residential mortgage-backed securities from Countrywide. And now BofA has won the dismissal of a high-stakes purported class action brought on behalf of more than 370 trusts that bought securitized mortgages from Countrywide.
2nd Circuit Recognizes Firm's Contribution, but Rebuffs $17 Million Fee Request
New York Law Journal
A law firm that claimed it was "solely responsible" for a $245 million class action settlement has lost its bid to receive an additional $17 million in attorney fees. While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. The fee dispute arose from a wave of suits brought against Adelphia Communications.
Calif. Appeals Court Says Fee Arbitrator Should Have Disclosed Clientele
The Recorder
A California appeals court has backed a woman fighting her former law firm over unpaid fees, ruling that the lawyer who acted as chief arbitrator should have disclosed that he regularly represents law firms in fee disputes. The court emphasized that it wasn't suggesting that Howard Rice partner Sean SeLegue harbors bias, but concluded that SeLegue's legal practice might have led the former client to "reasonably entertain a doubt" that he would be able to arbitrate the dispute impartially.
General Counsel's Hiring Sparks Ethics Firestorm
Corporate Counsel
The former general counsel of the Indiana Utility Regulatory Commission has sparked an ethics firestorm after he took a job as assistant GC of Duke Energy Corp.'s Indiana affiliate. Scott Storms allegedly sought the job while he was overseeing hearings and other matters related to the giant electrical company. The parent company has suspended Storms, along with the CEO of its Indiana operations, pending an internal investigation of whether Storms did any favors for the company while he was actively seeking the job.
Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor
New Jersey Law Journal
New Jersey Judge Vincenzo Sicari -- alias comic "Vince August" -- is in an ethics pickle. Like many stand-up comics, his material is a mix of ranting and self-deprecating jokes about his personal life, racial stereotypes and society, but the Advisory Committee on Extrajudicial Activities said he can't decide cases by day and do shtick by night. His term on the bench ends Dec. 31, but Sicari isn't taking the ultimatum lying down. He's asked the state Supreme Court for review, and the justices have agreed to hear the case.
In Rare Move, AARP Joins Pharma False Claims Act Case as Plaintiff's Co-Counsel
The American Lawyer
The Texas branch of AARP is entering a qui tam case against Abbott Laboratories, Cordis and Boston Scientific as co-counsel for the plaintiff, Kevin Colquitt, a former Guidant sales representative who's now a lawyer at Baron & Budd. An AARP lawyer said AARP has appeared as an amicus in False Claims Act cases, but, to her knowledge, the organization hasn't previously joined as co-counsel. Another of Colquitt's attorneys said it's very unusual for a large, powerful nonprofit to take a prominent position in a qui tam case.
Citigroup Accused of Using Recession as Pretext for Firing Women
The Associated Press
Citigroup was accused in a lawsuit Wednesday of using companywide layoffs during the recent financial turmoil to purge scores of female employees while saving the jobs of less-qualified men and of taking government bailout money even as the company continued a pattern of "pervasive discrimination and retaliation." According to the suit, the company has long been plagued by a "boys club" atmosphere that ensures that middle and senior management positions will be held by men.
CVS to Pay $77 Million for Violating Controls on Methamphetamine Precursor Drug
The National Law Journal
CVS Pharmacy, which operates the largest number of retail pharmacies in the U.S., has agreed to pay more than $77 million to settle charges that it illegally sold pseudoephedrine to methamphetamine traffickers, federal prosecutors said Thursday. Pseudoephedrine, found in over-the-counter cough and cold medications, is used in the manufacturing of methamphetamine. CVS will pay $75 million in civil penalties -- the largest civil penalty ever paid under the Controlled Substances Act -- and forfeit $2.6 million in profits.
Fla. Judges Refuse to Lift $250,000 Damages Cap for Med-Mal Case
Daily Business Review
A state appellate decision limiting damages in a medical malpractice case has plaintiffs attorneys contending it will make arbitration a less desirable option for resolving negligence cases. The Florida court concluded a state cap on noneconomic damages in arbitration cases lets victims receive up to $250,000 per claimant, but not per defendant. The panel sided with health care providers, ruling that a dead man's family could not draw more damages than originally awarded by an arbitration panel.
U.S. Building Council GC Kicks Off Green Matters Conference
Law Technology News
Susan Dorn, general counsel of the U.S. Green Building Council and its affiliated Green Building Certification Institute, opened the Green Matters conference in New Orleans with updates on the LEED green building certification program and green schools. The conference addresses government, legal, and architecture issues in going and staying green.
Visit Legal Technology
Report Details Law Firm Earnings for TARP Work
The National Law Journal
The Congressional Oversight Panel on Thursday released a report detailing how much Treasury has paid to 18 law firms that have been awarded contracts since the program began in late 2008. In most cases, the difference between the potential contract value and the amount owed is significant.
Visit lawjobs.com News & Views
Increasing the Presence of Lawyers With Disabilities
The National Law Journal
Doors are opening more and more for disabled attorneys both through advances in technology and changing attitudes toward the rights and abilities of those with handicaps. But much more can be done, and advocates continue to push for better inclusion of disabled attorneys in the legal field.
Visit lawjobs.com News & Views
The Careerist: How to Keep Associates Satisfied
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. How to Keep Them Satisfied: How Paul Hastings jumped from 66th to sixth place on The American Lawyer's midlevel associates survey Plus Bond Like the Big Boys Also Unsexy Jobs, Part 2
Visit The Careerist
Ex-Legal Aid Attorneys Allege Employer Violated Wiretap Act
Texas Lawyer
Two former attorneys at Legal Aid of NorthWest Texas have sued the organization and two of its executives, alleging the defendants violated the Texas Wiretap Act when a telephone conversation they had at work with a co-worker was intercepted and recorded. Kervyn B. Altaffer Jr. and Sophia Katherine Palat, now practicing together at Altaffer & Palat, each say they resigned from LANWT in September 2009 after they learned of the recording. "I handed in a letter, and I left. This was kind of a big deal," Palat says.
Visit Small Firm Business
Fla. Judge Says States' Health Law Challenge Can Go Forward
The National Law Journal
A federal judge in Florida has rejected the Obama administration's motion to dismiss a challenge to the new health care reform law brought by 20 state attorneys general and four governors. The judge ruled that two key claims could go forward: the states' claim that the individual mandate to purchase coverage exceeds Congress' commerce clause power and violates the Ninth and 10th Amendments, and the claim that the act unconstitutionally coerces and commandeers the states with respect to the Medicaid program.
Government Asks for Stay of Injunction Against 'Don't Ask'
The National Law Journal
The Justice Department has filed a notice of appeal and a motion to stay the enforcement of a worldwide injunction barring enforcement of "don't ask, don't tell," the law that bans open homosexuals from serving in the military. In court filings on Thursday, the Justice Department, citing "serious legal questions," said the military would be "irreparably harmed" if U.S. District Judge Virginia Phillips failed to stay her injunction while the government pursues an appeal.
Judge Dismisses Class Action Against Countrywide, Rules BofA Not Obligated to Buy Back Mortgages
The American Lawye
For the second time in three weeks, Bank of America has escaped liability in cases involving the Countrywide mortgage business it acquired in 2008. Last month, a federal judge dismissed claims by two trusts that had bought $43 million of residential mortgage-backed securities from Countrywide. And now BofA has won the dismissal of a high-stakes purported class action brought on behalf of more than 370 trusts that bought securitized mortgages from Countrywide.
2nd Circuit Recognizes Firm's Contribution, but Rebuffs $17 Million Fee Request
New York Law Journal
A law firm that claimed it was "solely responsible" for a $245 million class action settlement has lost its bid to receive an additional $17 million in attorney fees. While the 2nd Circuit agreed that non-lead counsel Chimicles & Tikellis had conferred a substantial benefit on the class, it held that the district court had not erred when it approved the lead counsel's allocation of only $155,610 in attorney fees to the firm. The fee dispute arose from a wave of suits brought against Adelphia Communications.
Calif. Appeals Court Says Fee Arbitrator Should Have Disclosed Clientele
The Recorder
A California appeals court has backed a woman fighting her former law firm over unpaid fees, ruling that the lawyer who acted as chief arbitrator should have disclosed that he regularly represents law firms in fee disputes. The court emphasized that it wasn't suggesting that Howard Rice partner Sean SeLegue harbors bias, but concluded that SeLegue's legal practice might have led the former client to "reasonably entertain a doubt" that he would be able to arbitrate the dispute impartially.
General Counsel's Hiring Sparks Ethics Firestorm
Corporate Counsel
The former general counsel of the Indiana Utility Regulatory Commission has sparked an ethics firestorm after he took a job as assistant GC of Duke Energy Corp.'s Indiana affiliate. Scott Storms allegedly sought the job while he was overseeing hearings and other matters related to the giant electrical company. The parent company has suspended Storms, along with the CEO of its Indiana operations, pending an internal investigation of whether Storms did any favors for the company while he was actively seeking the job.
Judge-cum-Comedian's Appeal Tests N.J. Court System's Sense of Humor
New Jersey Law Journal
New Jersey Judge Vincenzo Sicari -- alias comic "Vince August" -- is in an ethics pickle. Like many stand-up comics, his material is a mix of ranting and self-deprecating jokes about his personal life, racial stereotypes and society, but the Advisory Committee on Extrajudicial Activities said he can't decide cases by day and do shtick by night. His term on the bench ends Dec. 31, but Sicari isn't taking the ultimatum lying down. He's asked the state Supreme Court for review, and the justices have agreed to hear the case.
In Rare Move, AARP Joins Pharma False Claims Act Case as Plaintiff's Co-Counsel
The American Lawyer
The Texas branch of AARP is entering a qui tam case against Abbott Laboratories, Cordis and Boston Scientific as co-counsel for the plaintiff, Kevin Colquitt, a former Guidant sales representative who's now a lawyer at Baron & Budd. An AARP lawyer said AARP has appeared as an amicus in False Claims Act cases, but, to her knowledge, the organization hasn't previously joined as co-counsel. Another of Colquitt's attorneys said it's very unusual for a large, powerful nonprofit to take a prominent position in a qui tam case.
Citigroup Accused of Using Recession as Pretext for Firing Women
The Associated Press
Citigroup was accused in a lawsuit Wednesday of using companywide layoffs during the recent financial turmoil to purge scores of female employees while saving the jobs of less-qualified men and of taking government bailout money even as the company continued a pattern of "pervasive discrimination and retaliation." According to the suit, the company has long been plagued by a "boys club" atmosphere that ensures that middle and senior management positions will be held by men.
CVS to Pay $77 Million for Violating Controls on Methamphetamine Precursor Drug
The National Law Journal
CVS Pharmacy, which operates the largest number of retail pharmacies in the U.S., has agreed to pay more than $77 million to settle charges that it illegally sold pseudoephedrine to methamphetamine traffickers, federal prosecutors said Thursday. Pseudoephedrine, found in over-the-counter cough and cold medications, is used in the manufacturing of methamphetamine. CVS will pay $75 million in civil penalties -- the largest civil penalty ever paid under the Controlled Substances Act -- and forfeit $2.6 million in profits.
Fla. Judges Refuse to Lift $250,000 Damages Cap for Med-Mal Case
Daily Business Review
A state appellate decision limiting damages in a medical malpractice case has plaintiffs attorneys contending it will make arbitration a less desirable option for resolving negligence cases. The Florida court concluded a state cap on noneconomic damages in arbitration cases lets victims receive up to $250,000 per claimant, but not per defendant. The panel sided with health care providers, ruling that a dead man's family could not draw more damages than originally awarded by an arbitration panel.
U.S. Building Council GC Kicks Off Green Matters Conference
Law Technology News
Susan Dorn, general counsel of the U.S. Green Building Council and its affiliated Green Building Certification Institute, opened the Green Matters conference in New Orleans with updates on the LEED green building certification program and green schools. The conference addresses government, legal, and architecture issues in going and staying green.
Visit Legal Technology
Report Details Law Firm Earnings for TARP Work
The National Law Journal
The Congressional Oversight Panel on Thursday released a report detailing how much Treasury has paid to 18 law firms that have been awarded contracts since the program began in late 2008. In most cases, the difference between the potential contract value and the amount owed is significant.
Visit lawjobs.com News & Views
Increasing the Presence of Lawyers With Disabilities
The National Law Journal
Doors are opening more and more for disabled attorneys both through advances in technology and changing attitudes toward the rights and abilities of those with handicaps. But much more can be done, and advocates continue to push for better inclusion of disabled attorneys in the legal field.
Visit lawjobs.com News & Views
The Careerist: How to Keep Associates Satisfied
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. How to Keep Them Satisfied: How Paul Hastings jumped from 66th to sixth place on The American Lawyer's midlevel associates survey Plus Bond Like the Big Boys Also Unsexy Jobs, Part 2
Visit The Careerist
Ex-Legal Aid Attorneys Allege Employer Violated Wiretap Act
Texas Lawyer
Two former attorneys at Legal Aid of NorthWest Texas have sued the organization and two of its executives, alleging the defendants violated the Texas Wiretap Act when a telephone conversation they had at work with a co-worker was intercepted and recorded. Kervyn B. Altaffer Jr. and Sophia Katherine Palat, now practicing together at Altaffer & Palat, each say they resigned from LANWT in September 2009 after they learned of the recording. "I handed in a letter, and I left. This was kind of a big deal," Palat says.
Visit Small Firm Business
Tuesday, October 12, 2010
LAW.COM Newswire Highlights October 12, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access:
Judge Defends Filming TV Show Audition in California Courtroom
The Recorder
A California judge under fire for filming a TV show audition without the knowledge of litigants in her courtroom has denied that she violated judicial canons. San Diego County Superior Court Judge DeAnn Salcido also responded to charges that she failed to promote public confidence in the integrity of the judiciary. She denied that dozens of remarks she made on-camera and off were improper, saying she used comedy in her courtroom to seize on "teachable moments" with defendants and people in the gallery.
Death of the Billable Hour or the Rise of Discounts?
Corporate Counsel
Are companies witnessing the death of the billable hour -- or the rise of discounted hourly rates? A recent ALM survey reports that 72.8 percent of fees paid to outside counsel in 2009 were based on billing arrangements other than standard hourly rates or the billable hour. The results seem to show an increased willingness by law firms to diverge from the traditional billable hour, but are firms really offering more fixed-fee arrangements, or just more discounted hourly rates?
In Guantanamo Opinion, 2 Versions of Reality
The National Law Journal
When a Washington, D.C., federal judge ordered the release of a Guantanamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But a day after the order was filed on the court's electronic docket, the opinion vanished, to be replaced weeks later by a new ruling. While it reached the same conclusion, eight pages of material had been removed, including key passages in which the judge dismantled the government's case against the detainee.
K&L Gates, Thompson & Knight Sued for Roles in 'Ponzi-Like' Scheme
The National Law Journal
A group of investors in a now-bankrupt entity that controls about 500 real estate companies has filed a class action against K&L Gates and Thompson & Knight for allegedly aiding in a "Ponzi-like" scheme. The purported class, which consists of investors in assisted living centers and other properties, alleges that the two law firms participated in misleading them into investing in the companies, which unlawfully commingled funds among underperforming entities.
As Bratz Case Heads for Retrial, RICO Claims Survive Motion to Dismiss
The American Lawyer
The latest ruling in the ferocious battle between Mattel and MGA Entertainment over who owns rights to the once-popular Bratz doll line won't do much to streamline the issues as the case heads to a January trial date after a remand from the 9th Circuit. A California federal judge struck some counterclaims by MGA but refused to dismiss others, including explosive allegations that Mattel and its lawyers at Quinn Emanuel Urquhart & Sullivan conspired to steal trade secrets from MGA and other Mattel competitors.
Reprimand Tossed for 'We Close at 5' Texas Judge
The Associated Press
A special court of review Monday dismissed a public reprimand of Texas' top criminal courts judge, who closed her court at 5 p.m., preventing attorneys from filing a last-minute appeal hours before their client was executed. The disciplinary case against Judge Sharon Keller came after she closed the court on Sept. 25, 2007, as attorneys for twice-convicted killer Michael Wayne Richard tried to submit their appeal. The state Commission on Judicial Conduct issued Keller a "public warning," but the judge appealed.
Judge Dismisses Millionaire's Malpractice Claim Against Schnader Harrison Over Trust Agreements
The Legal Intelligencer
A Pennsylvania judge has dismissed the legal malpractice claim brought by multimillionaire Raymond Perelman against Schnader Harrison because the statute of limitations bars the claim. Perelman sued the firm and former Schnader Harrison attorney Vickie Waitsman, alleging the firm committed malpractice in the creation of legal documents that transferred some of his business interests into a trust created on behalf of his son and granddaughter, allegedly contrary to his intentions.
Attorney Jailed for Not Reciting Pledge of Allegiance
The Associated Press
A Mississippi judge ordered an attorney to spend several hours in jail last week after the lawyer refused to recite the Pledge of Allegiance in court. After the judge told people in the courtroom to stand up and say the pledge, the attorney "failed and refused to do so" and was jailed for criminal contempt of court, according to the judge's order.
Wells Fargo Unit to Pay New Jersey $71 Million Over Deceptive Mortgage Claims
New Jersey Law Journal
Wells Fargo Home Mortgage has agreed to pay New Jersey $3.98 million and 900 residents $67 million in loan modifications over claims subsidiaries deceptively marketed adjustable-rate mortgages. The agreement ends a state investigation into whether "Pick-a-Payment" mortgages violated the Consumer Fraud Act by touting their low monthly payment options without warning borrowers that the minimum payment option often failed to cover the interest on the loan, resulting in an increase in the loan's principal balance.
Attorneys Say They Fear Retribution From Tenn. Judges
The Associated Press
Attorneys are hesitant to file complaints against some Tennessee judges because they fear retaliation, a state Senate judiciary subcommittee was told last week. The subcommittee held hearings to allow attorneys to voice their concerns about Tennessee's system for disciplining the state's judges. One attorney, who said lawyers were reluctant to file motions for recusal, told the panel: "We know who the honest judges are. We know who the dishonest judges are. We're deathly afraid of being retaliated against."
Modeling Agency Sanctioned Over Tough Tactics
New York Law Journal
A New York judge has ruled that City Model and Talent Development must pay a $10,000 civil penalty and reimburse customers for its false statements, tough sales tactics and expensive photo shoots made in the promise of helping aspiring models and actors break into the fashion and entertainment industries. The judge has barred the company from recruiting potential models and actors without first disclosing associated marketing costs and has prohibited it from charging customers' credit cards without their consent.
Lawyer's Suit Against Jamaican Prime Minister Raises More Questions About Manatt
The American Lawyer
The controversy over who hired Manatt, Phelps & Phillips for a controversial Jamaican lobbying assignment keeps getting murkier. The saga continued last week, as a prominent backer of the ruling Jamaica Labour Party, Kingston lawyer Harold Brady, sued the country's prime minister for libel. Brady has been a central character in Jamaican politics in recent months because of his purported role in retaining Manatt to lobby U.S. officials against the extradition of alleged drug lord Christopher Coke.
Visit International News
Ruling Proves to Be Primer on E-Discovery Enforcement
The Legal Intelligencer
Victor Stanley is worth the read if only for its review and distillation of e-discovery law. The court's focus on spoliation and its remedies is "spot on," according to attorney Leonard Deutchman, but the lessons drawn from the reality underlying the court's analysis are discouraging.
Visit Legal Technology
Top GCs Continue to Support Flextime for Outside Lawyers
Corporate Counsel
Last year, the Project for Attorney Retention got several GCs and law firm leaders to join a program encouraging work assignments for flextime lawyers, aimed at advancing women in the law. The program is still going strong, with Wal-Mart and Allstate Insurance taking their own extra steps.
Visit lawjobs.com News & View
The Careerist: Ladies Get Lucky in Washington
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Ladies Get Lucky in Washington Plus Life Perfect After Law? Only if You Buy the Pitch Also Lawyers Gone Rogue: A roundup of misbehaving lawyers
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscription required for online access:
Judge Defends Filming TV Show Audition in California Courtroom
The Recorder
A California judge under fire for filming a TV show audition without the knowledge of litigants in her courtroom has denied that she violated judicial canons. San Diego County Superior Court Judge DeAnn Salcido also responded to charges that she failed to promote public confidence in the integrity of the judiciary. She denied that dozens of remarks she made on-camera and off were improper, saying she used comedy in her courtroom to seize on "teachable moments" with defendants and people in the gallery.
Death of the Billable Hour or the Rise of Discounts?
Corporate Counsel
Are companies witnessing the death of the billable hour -- or the rise of discounted hourly rates? A recent ALM survey reports that 72.8 percent of fees paid to outside counsel in 2009 were based on billing arrangements other than standard hourly rates or the billable hour. The results seem to show an increased willingness by law firms to diverge from the traditional billable hour, but are firms really offering more fixed-fee arrangements, or just more discounted hourly rates?
In Guantanamo Opinion, 2 Versions of Reality
The National Law Journal
When a Washington, D.C., federal judge ordered the release of a Guantanamo Bay detainee last spring, the case appeared to be a routine setback for an Obama administration that has lost a string of such cases. But a day after the order was filed on the court's electronic docket, the opinion vanished, to be replaced weeks later by a new ruling. While it reached the same conclusion, eight pages of material had been removed, including key passages in which the judge dismantled the government's case against the detainee.
K&L Gates, Thompson & Knight Sued for Roles in 'Ponzi-Like' Scheme
The National Law Journal
A group of investors in a now-bankrupt entity that controls about 500 real estate companies has filed a class action against K&L Gates and Thompson & Knight for allegedly aiding in a "Ponzi-like" scheme. The purported class, which consists of investors in assisted living centers and other properties, alleges that the two law firms participated in misleading them into investing in the companies, which unlawfully commingled funds among underperforming entities.
As Bratz Case Heads for Retrial, RICO Claims Survive Motion to Dismiss
The American Lawyer
The latest ruling in the ferocious battle between Mattel and MGA Entertainment over who owns rights to the once-popular Bratz doll line won't do much to streamline the issues as the case heads to a January trial date after a remand from the 9th Circuit. A California federal judge struck some counterclaims by MGA but refused to dismiss others, including explosive allegations that Mattel and its lawyers at Quinn Emanuel Urquhart & Sullivan conspired to steal trade secrets from MGA and other Mattel competitors.
Reprimand Tossed for 'We Close at 5' Texas Judge
The Associated Press
A special court of review Monday dismissed a public reprimand of Texas' top criminal courts judge, who closed her court at 5 p.m., preventing attorneys from filing a last-minute appeal hours before their client was executed. The disciplinary case against Judge Sharon Keller came after she closed the court on Sept. 25, 2007, as attorneys for twice-convicted killer Michael Wayne Richard tried to submit their appeal. The state Commission on Judicial Conduct issued Keller a "public warning," but the judge appealed.
Judge Dismisses Millionaire's Malpractice Claim Against Schnader Harrison Over Trust Agreements
The Legal Intelligencer
A Pennsylvania judge has dismissed the legal malpractice claim brought by multimillionaire Raymond Perelman against Schnader Harrison because the statute of limitations bars the claim. Perelman sued the firm and former Schnader Harrison attorney Vickie Waitsman, alleging the firm committed malpractice in the creation of legal documents that transferred some of his business interests into a trust created on behalf of his son and granddaughter, allegedly contrary to his intentions.
Attorney Jailed for Not Reciting Pledge of Allegiance
The Associated Press
A Mississippi judge ordered an attorney to spend several hours in jail last week after the lawyer refused to recite the Pledge of Allegiance in court. After the judge told people in the courtroom to stand up and say the pledge, the attorney "failed and refused to do so" and was jailed for criminal contempt of court, according to the judge's order.
Wells Fargo Unit to Pay New Jersey $71 Million Over Deceptive Mortgage Claims
New Jersey Law Journal
Wells Fargo Home Mortgage has agreed to pay New Jersey $3.98 million and 900 residents $67 million in loan modifications over claims subsidiaries deceptively marketed adjustable-rate mortgages. The agreement ends a state investigation into whether "Pick-a-Payment" mortgages violated the Consumer Fraud Act by touting their low monthly payment options without warning borrowers that the minimum payment option often failed to cover the interest on the loan, resulting in an increase in the loan's principal balance.
Attorneys Say They Fear Retribution From Tenn. Judges
The Associated Press
Attorneys are hesitant to file complaints against some Tennessee judges because they fear retaliation, a state Senate judiciary subcommittee was told last week. The subcommittee held hearings to allow attorneys to voice their concerns about Tennessee's system for disciplining the state's judges. One attorney, who said lawyers were reluctant to file motions for recusal, told the panel: "We know who the honest judges are. We know who the dishonest judges are. We're deathly afraid of being retaliated against."
Modeling Agency Sanctioned Over Tough Tactics
New York Law Journal
A New York judge has ruled that City Model and Talent Development must pay a $10,000 civil penalty and reimburse customers for its false statements, tough sales tactics and expensive photo shoots made in the promise of helping aspiring models and actors break into the fashion and entertainment industries. The judge has barred the company from recruiting potential models and actors without first disclosing associated marketing costs and has prohibited it from charging customers' credit cards without their consent.
Lawyer's Suit Against Jamaican Prime Minister Raises More Questions About Manatt
The American Lawyer
The controversy over who hired Manatt, Phelps & Phillips for a controversial Jamaican lobbying assignment keeps getting murkier. The saga continued last week, as a prominent backer of the ruling Jamaica Labour Party, Kingston lawyer Harold Brady, sued the country's prime minister for libel. Brady has been a central character in Jamaican politics in recent months because of his purported role in retaining Manatt to lobby U.S. officials against the extradition of alleged drug lord Christopher Coke.
Visit International News
Ruling Proves to Be Primer on E-Discovery Enforcement
The Legal Intelligencer
Victor Stanley is worth the read if only for its review and distillation of e-discovery law. The court's focus on spoliation and its remedies is "spot on," according to attorney Leonard Deutchman, but the lessons drawn from the reality underlying the court's analysis are discouraging.
Visit Legal Technology
Top GCs Continue to Support Flextime for Outside Lawyers
Corporate Counsel
Last year, the Project for Attorney Retention got several GCs and law firm leaders to join a program encouraging work assignments for flextime lawyers, aimed at advancing women in the law. The program is still going strong, with Wal-Mart and Allstate Insurance taking their own extra steps.
Visit lawjobs.com News & View
The Careerist: Ladies Get Lucky in Washington
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Ladies Get Lucky in Washington Plus Life Perfect After Law? Only if You Buy the Pitch Also Lawyers Gone Rogue: A roundup of misbehaving lawyers
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Friday, October 08, 2010
LAW.COM Newswire Highlights October 8, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access:
Boies Schiller Sued by Former Client Over Fees
The American Lawyer
A disgruntled former client is suing Boies Schiller & Flexner, claiming the firm "shirked" its professional duties by breaching an agreement that David Boies would serve as lead counsel in a commercial dispute, which was instead given to less experienced counsel and more junior associates. The former client, G.K. Las Vegas Limited Partnership, is seeking to force Boies Schiller & Flexner to arbitrate a fee dispute before the American Arbitration Association and to place more than $5.04 million in disputed fees in escrow.
Government Oversight Chairman Seeks Nationwide Foreclosure Freeze
Corporate Counsel
Rep. Edolphus Towns, D-N.Y., chairman of the House Committee on Oversight and Government Reform, on Thursday called on top U.S. mortgage lenders and banks to voluntarily halt home foreclosures in all 50 states and the District of Columbia until the banks' legal departments review their companies' procedures. At least three major lenders so far have stopped foreclosures in 23 states while they review and repair any "robo-signed" documents -- paperwork without the proper authorities' signatures.
Justice Breyer on Originalism, the Media and the Court
The National Law Journal
On the opening day of the Supreme Court's term this week, Justice Stephen Breyer sat down for an interview in his chambers to discuss his new book "Making Our Democracy Work: A Judge's View." Breyer insists that the public needs to understand how the Supreme Court works, or eventually citizens will stop obeying its decisions. But he acknowledges that another reason he wrote the book is to counter the concept of originalism -- the approach to constitutional interpretation espoused most of all by Justice Antonin Scalia.
Foes of National Health Care Law Lose Key Court Ruling
The Associated Press
A Michigan federal judge on Thursday upheld the federal government's authority to require everyone to have health insurance, dealing a setback to groups seeking to block the new national health care plan. A Christian legal group and four individual plaintiffs had sued, claiming lawmakers exceeded their power under the Constitution's commerce clause. A Justice Department spokeswoman said the ruling "marks the first time a court has considered the merits of any challenge to this law."
Inside the Brief, Bizarre Courtship of Akin and Orrick
The National Law Journal
In all, it took just seven days for partners at Akin Gump Strauss Hauer & Feld and Orrick, Herrington & Sutcliffe to pressure their respective firm leaders to call off merger talks. Those seven days included a strange fake news story and frustration for partners on both sides of the discussion. Partners at both firms said there was not one single issue that killed the talks; it was more a feeling among partners that an Akin-Orrick combination wouldn't be worth the headache of trying to bring the two firms together.
Madoff Feeder Funds Must Face Securities Claims From Investors
The American Lawyer
Madoff feeder funds are looking vulnerable. For the second time in two months, a federal judge has green-lighted a securities suit against an investment manager that handed money over to Bernard Madoff. On Tuesday, Manhattan federal district court Judge Leonard Sand declined to dismiss securities law claims against the Beacon Associates investment fund and Ivy Asset Management, now owned by Bank of New York Mellon. He also allowed ERISA claims brought by union fund plaintiffs in the case to move forward.
Plaintiffs Firms Hit With Rule 11 Sanctions in Dismissed Securities Class Action
The American Lawyer
A federal judge in Connecticut has granted an unusual motion for Rule 11 sanctions against Labaton Sucharow and Barroway Topaz Kessler Meltzer & Check, lead plaintiffs counsel in a failed securities class action against Star Gas. The judge agreed with Star's counsel from Skadden, Arps, Slate, Meagher & Flom that the class's claims were almost entirely without merit, and that Labaton and Barroway knew as much early in the litigation. She ordered the plaintiffs firms to pay all of Star's attorney fees and costs.
Trump-Icahn Bankruptcy Pact OK'd but Bondholders' Legal Fees Unresolved
New Jersey Law Journal
A New Jersey judge has approved a global settlement that puts a halt to remaining litigation in the Trump Entertainment Resorts bankruptcy. But in signing off on the deal, the judge deferred deciding whether to approve a request for $19.5 million in fees and costs for professional advice to the bondholders, who obtained a controlling interest under the reorganization plan. The amount was mostly incurred for legal services from three law firms, plus a "success fee" to an investment bank that provided financial advice.
Lawyer Sentenced to 22 Years for Nigerian Oil Scam
New York Law Journal
A Florida securities lawyer has been sent to prison for 22 years for cheating victims out of millions of dollars in a fraudulent advance-fee scheme. Attorney Delmer C. Gowing and co-defendant Emil Scheringer were convicted in 2009 following a three-week trial before New York Judge George B. Daniels. On Wednesday, Daniels ordered Gowing to forfeit $8.9 million and pay restitution to his victims.
Nelson Mullins and Lahive & Cockfield to Merge
The National Law Journal
Nelson Mullins Riley & Scarborough of Columbia, S.C., is merging with Boston intellectual property boutique Lahive & Cockfield. The move will expand services for clients of both firms, increase the combined intellectual property team to more than 70 attorneys and technical specialists, and double the size of Nelson Mullins' Boston office. Nelson Mullins' managing partner characterized the combination as a way to continue the firm's "rapid growth in New England."
Court Upholds Conviction Despite 33-Year Delay
New York Law Journal
The 1974 rape and murder of Barbara Lloyd went unsolved for more than three decades, when Lloyd's brother-in-law, Leon Chatt, unwittingly provided a DNA sample -- by spitting on the sidewalk -- that matched DNA from the crime scene. Chatt, who was sentenced to 25 years to life in prison, challenged his murder conviction on several grounds, including that he was prejudiced by the 33-year gap between the crime and his indictment. A unanimous New York appeals court panel disagreed last week and rejected his appeal.
Former N.Y. State Comptroller Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
New York Law Journal
Former New York state Comptroller Alan Hevesi admitted Thursday he had accepted trips to Israel and campaign contributions from a financier in exchange for investing in his benefactor's business millions of dollars from the state pension fund of which he was the sole trustee. Hevesi, who pleaded guilty to the felony of receiving a reward to official misconduct in the second degree, is the most prominent person to plead guilty in the state attorney general's pension probe, which has netted $138 million in recoveries.
Lawyer Who Pleaded Guilty to DWI and Left Accident Scene Is Admonished
New Jersey Law Journal
The New Jersey Supreme Court on Tuesday ordered an admonition for a lawyer who pleaded guilty to driving while intoxicated and to leaving the scene of an accident after his firm's holiday party. The court issued no formal opinion but followed the recommendation of the Disciplinary Review Board. A. Dennis Terrell, who retired from Drinker Biddle & Reath last year, was admitted into a pretrial intervention program, pursuant to an accusation charging him with fourth-degree assault by auto, the DRB said.
The Price of Discovery in New York Courts
New York Law Journal
Because New York litigants must finance their own suits, they have a strong incentive to formulate minimally burdensome discovery requests. However, Steptoe & Johnson's Michael Miller, Evan Glassman and Anthony Onorato note that cost allocation can also be used as leverage against one's opponents.
N.J. Law Firm Starts 1-Year Apprentice Program
New Jersey Law Journal
New Jersey firm Gibbons has launched a one-year "apprenticeship" program to allow newly admitted lawyers an opportunity to learn the ropes. The firm's first apprentice will make about $48,000 per year and could receive a full-time offer at the end of the program's one-year period.
Visit lawjobs.com News & Views
Setting Limits on Sarcasm in the Courtroom
The Connecticut Law Tribune
In a recent Connecticut Appellate Court challenge, Assistant Public Defender James Streeto argued that a prosecutor used too much sarcasm during a murder trial, thus depriving the defendant of a fair trial. The court did not agree, finding the remarks at issue "isolated and limited." Trial lawyer David W. Cooney says, overall, use of sarcasm is risky due to how it may be interpreted by the jurors. Other seasoned trial attorneys say if you're going to use sarcasm, just be selective about it.
Few lawyers — including the nine lawyers who wear robes to work — know the Supreme Court's docket as well as Roy Englert Jr. Englert sat down with Tony Mauro to answer questions about the upcoming high court term.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Subscription required for online access:
Boies Schiller Sued by Former Client Over Fees
The American Lawyer
A disgruntled former client is suing Boies Schiller & Flexner, claiming the firm "shirked" its professional duties by breaching an agreement that David Boies would serve as lead counsel in a commercial dispute, which was instead given to less experienced counsel and more junior associates. The former client, G.K. Las Vegas Limited Partnership, is seeking to force Boies Schiller & Flexner to arbitrate a fee dispute before the American Arbitration Association and to place more than $5.04 million in disputed fees in escrow.
Government Oversight Chairman Seeks Nationwide Foreclosure Freeze
Corporate Counsel
Rep. Edolphus Towns, D-N.Y., chairman of the House Committee on Oversight and Government Reform, on Thursday called on top U.S. mortgage lenders and banks to voluntarily halt home foreclosures in all 50 states and the District of Columbia until the banks' legal departments review their companies' procedures. At least three major lenders so far have stopped foreclosures in 23 states while they review and repair any "robo-signed" documents -- paperwork without the proper authorities' signatures.
Justice Breyer on Originalism, the Media and the Court
The National Law Journal
On the opening day of the Supreme Court's term this week, Justice Stephen Breyer sat down for an interview in his chambers to discuss his new book "Making Our Democracy Work: A Judge's View." Breyer insists that the public needs to understand how the Supreme Court works, or eventually citizens will stop obeying its decisions. But he acknowledges that another reason he wrote the book is to counter the concept of originalism -- the approach to constitutional interpretation espoused most of all by Justice Antonin Scalia.
Foes of National Health Care Law Lose Key Court Ruling
The Associated Press
A Michigan federal judge on Thursday upheld the federal government's authority to require everyone to have health insurance, dealing a setback to groups seeking to block the new national health care plan. A Christian legal group and four individual plaintiffs had sued, claiming lawmakers exceeded their power under the Constitution's commerce clause. A Justice Department spokeswoman said the ruling "marks the first time a court has considered the merits of any challenge to this law."
Inside the Brief, Bizarre Courtship of Akin and Orrick
The National Law Journal
In all, it took just seven days for partners at Akin Gump Strauss Hauer & Feld and Orrick, Herrington & Sutcliffe to pressure their respective firm leaders to call off merger talks. Those seven days included a strange fake news story and frustration for partners on both sides of the discussion. Partners at both firms said there was not one single issue that killed the talks; it was more a feeling among partners that an Akin-Orrick combination wouldn't be worth the headache of trying to bring the two firms together.
Madoff Feeder Funds Must Face Securities Claims From Investors
The American Lawyer
Madoff feeder funds are looking vulnerable. For the second time in two months, a federal judge has green-lighted a securities suit against an investment manager that handed money over to Bernard Madoff. On Tuesday, Manhattan federal district court Judge Leonard Sand declined to dismiss securities law claims against the Beacon Associates investment fund and Ivy Asset Management, now owned by Bank of New York Mellon. He also allowed ERISA claims brought by union fund plaintiffs in the case to move forward.
Plaintiffs Firms Hit With Rule 11 Sanctions in Dismissed Securities Class Action
The American Lawyer
A federal judge in Connecticut has granted an unusual motion for Rule 11 sanctions against Labaton Sucharow and Barroway Topaz Kessler Meltzer & Check, lead plaintiffs counsel in a failed securities class action against Star Gas. The judge agreed with Star's counsel from Skadden, Arps, Slate, Meagher & Flom that the class's claims were almost entirely without merit, and that Labaton and Barroway knew as much early in the litigation. She ordered the plaintiffs firms to pay all of Star's attorney fees and costs.
Trump-Icahn Bankruptcy Pact OK'd but Bondholders' Legal Fees Unresolved
New Jersey Law Journal
A New Jersey judge has approved a global settlement that puts a halt to remaining litigation in the Trump Entertainment Resorts bankruptcy. But in signing off on the deal, the judge deferred deciding whether to approve a request for $19.5 million in fees and costs for professional advice to the bondholders, who obtained a controlling interest under the reorganization plan. The amount was mostly incurred for legal services from three law firms, plus a "success fee" to an investment bank that provided financial advice.
Lawyer Sentenced to 22 Years for Nigerian Oil Scam
New York Law Journal
A Florida securities lawyer has been sent to prison for 22 years for cheating victims out of millions of dollars in a fraudulent advance-fee scheme. Attorney Delmer C. Gowing and co-defendant Emil Scheringer were convicted in 2009 following a three-week trial before New York Judge George B. Daniels. On Wednesday, Daniels ordered Gowing to forfeit $8.9 million and pay restitution to his victims.
Nelson Mullins and Lahive & Cockfield to Merge
The National Law Journal
Nelson Mullins Riley & Scarborough of Columbia, S.C., is merging with Boston intellectual property boutique Lahive & Cockfield. The move will expand services for clients of both firms, increase the combined intellectual property team to more than 70 attorneys and technical specialists, and double the size of Nelson Mullins' Boston office. Nelson Mullins' managing partner characterized the combination as a way to continue the firm's "rapid growth in New England."
Court Upholds Conviction Despite 33-Year Delay
New York Law Journal
The 1974 rape and murder of Barbara Lloyd went unsolved for more than three decades, when Lloyd's brother-in-law, Leon Chatt, unwittingly provided a DNA sample -- by spitting on the sidewalk -- that matched DNA from the crime scene. Chatt, who was sentenced to 25 years to life in prison, challenged his murder conviction on several grounds, including that he was prejudiced by the 33-year gap between the crime and his indictment. A unanimous New York appeals court panel disagreed last week and rejected his appeal.
Former N.Y. State Comptroller Pleads Guilty to Taking Kickbacks in Pay-to-Play Scandal
New York Law Journal
Former New York state Comptroller Alan Hevesi admitted Thursday he had accepted trips to Israel and campaign contributions from a financier in exchange for investing in his benefactor's business millions of dollars from the state pension fund of which he was the sole trustee. Hevesi, who pleaded guilty to the felony of receiving a reward to official misconduct in the second degree, is the most prominent person to plead guilty in the state attorney general's pension probe, which has netted $138 million in recoveries.
Lawyer Who Pleaded Guilty to DWI and Left Accident Scene Is Admonished
New Jersey Law Journal
The New Jersey Supreme Court on Tuesday ordered an admonition for a lawyer who pleaded guilty to driving while intoxicated and to leaving the scene of an accident after his firm's holiday party. The court issued no formal opinion but followed the recommendation of the Disciplinary Review Board. A. Dennis Terrell, who retired from Drinker Biddle & Reath last year, was admitted into a pretrial intervention program, pursuant to an accusation charging him with fourth-degree assault by auto, the DRB said.
The Price of Discovery in New York Courts
New York Law Journal
Because New York litigants must finance their own suits, they have a strong incentive to formulate minimally burdensome discovery requests. However, Steptoe & Johnson's Michael Miller, Evan Glassman and Anthony Onorato note that cost allocation can also be used as leverage against one's opponents.
N.J. Law Firm Starts 1-Year Apprentice Program
New Jersey Law Journal
New Jersey firm Gibbons has launched a one-year "apprenticeship" program to allow newly admitted lawyers an opportunity to learn the ropes. The firm's first apprentice will make about $48,000 per year and could receive a full-time offer at the end of the program's one-year period.
Visit lawjobs.com News & Views
Setting Limits on Sarcasm in the Courtroom
The Connecticut Law Tribune
In a recent Connecticut Appellate Court challenge, Assistant Public Defender James Streeto argued that a prosecutor used too much sarcasm during a murder trial, thus depriving the defendant of a fair trial. The court did not agree, finding the remarks at issue "isolated and limited." Trial lawyer David W. Cooney says, overall, use of sarcasm is risky due to how it may be interpreted by the jurors. Other seasoned trial attorneys say if you're going to use sarcasm, just be selective about it.
Few lawyers — including the nine lawyers who wear robes to work — know the Supreme Court's docket as well as Roy Englert Jr. Englert sat down with Tony Mauro to answer questions about the upcoming high court term.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Thursday, October 07, 2010
LAW.COM Newswire Highlights October 7, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access:
High Court Seems Reluctant to Overturn First Amendment Precedents in Funeral Protest Case
The National Law Journal
While expressing disdain for the virulent protests staged at military funerals by members of a Kansas church, some Supreme Court justices on Wednesday seemed reluctant to upset First Amendment precedents that protect even the most obnoxious speech from punishment. Protests by members of the church -- who demonstrate at funerals and other events to promote their message that God is punishing America for its acceptance of homosexuality -- have triggered lawsuits and legislation in 43 states to restrict funeral protests.
Federal Judge Denies Certification to Wellbutrin Class
The Legal Intelligencer
In a significant win for big pharmaceutical firms, a federal judge has refused to certify a consumer and indirect purchaser antitrust class action against GlaxoSmithKline on the grounds that the plaintiffs cannot prove each class member was affected by the alleged scheme to maintain higher prices. The plaintiffs allege that GSK set out to delay the market date for a generic version of Wellbutrin SR by using "sham" patent litigation to tie up generic manufacturers in court and patent board proceedings.
Internet Privacy Suits Filed Against Yahoo, Others
Fulton County Daily Report
A set of potential class actions filed recently in Georgia against three Internet powerhouses raises interesting questions about how law enforcement agencies get information about Internet users without their knowledge. The suits claim that Comcast, Yahoo and Windstream have violated federal wiretap and computer privacy laws by providing information in response to warrants or subpoenas issued by Georgia judges or magistrates, which are then relayed to the Internet companies' headquarters outside of Georgia.
Tax Panel Rejects Lawyer's Bid to Deduct Spending for Sex
New York Law Journal
A state tax appeals board has denied a retired New York lawyer's attempts to claim hundreds of thousands of dollars he spent on prostitutes, massages, pornography and other sex-related activities as deductions for "medical expenses." Among the disallowed deductions were $40,588 on his 2002 return for "therapeutic sex," $70,776 for "massage therapy to relieve osteoarthritis and enhance erectile function through frequent orgasms" and $2,173 for "pornography to enhance sexual performance in lieu of taking Viagra."
Justices Appear Ready to Hold New Orleans Prosecutors Liable for Misconduct
The National Law Journal
Supreme Court justices on Wednesday appeared ready to give the green light to efforts by a New Orleans man to win compensation for prosecutorial misconduct that put him behind bars for more than two decades for a murder he did not commit. The Court heard arguments in Connick v. Thompson, in which former New Orleans District Attorney Harry Connick maintains that his office should not be held liable for what he contends was a single incident of failing to hand over exculpatory evidence to the defense before trial.
Fla. Magistrate Resigns Amid Complaints About Race Remarks
Daily Business Review
A Florida magistrate abruptly ended his 22 years on the bench just weeks after a black female prosecutor accused him of making racially insensitive remarks in court. William E. Dellow Jr. is accused of referring to Assistant State Attorney Danelle Augustin as "pigmently enhanced" and making other questionable comments Aug. 12. Dellow submitted a resignation letter last month. The incident came two years after Dellow was disciplined for a sexual harassment claim brought by a female court staff member.
Airgas Claims Bylaw OK'd by Shareholders Violates Del. Law
Delaware Law Weekly
On the eve of this week's trial stemming from the takeover battle between Airgas and Air Products & Chemicals, Airgas filed a complaint asking the Delaware Court of Chancery to resolve a novel issue between the two companies concerning the terms of directors on a staggered board and what exactly is meant by an "annual" meeting. Sources agree that the situation -- seeking to accelerate a shareholders' meeting to remove directors by bringing up a vote on a staggered board in the context of a hostile deal -- is unique.
Dreier's Ex-Wife Suffers Setback in Bid for $7 Million in Support
New York Law Journa
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback this week. Refusing to lift an automatic stay in the case, a bankruptcy judge held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's noncompliance with a separation agreement accelerated all of the pact's support obligations. That means Ms. Dreier's claim will be weighed against those of other creditors in bankruptcy court.
N.Y. Federal Judge Bars Key Testimony in Embassy Bombing Case
New York Law Journal
A critical government witness was knocked out of the case of accused embassy bomber Ahmed Khalfan Ghailani on Wednesday because a federal judge concluded allowing his testimony would violate the U.S. Constitution. Dealing a sharp blow to the prosecution, Judge Lewis Kaplan said Hussein Abebe, who allegedly sold Ghailani the dynamite used in the 1998 bombing of the U.S. Embassy in Tanzania, will not be allowed to take the witness stand because he was identified and located as a result of harsh CIA interrogation of Ghailani.
Judge Delays Hearing Into Execution of Father Convicted of Arson Deaths
The Associated Press
A Texas judge who has been asked to re-examine arson evidence used to convict a man executed for killing his three daughters in a 1991 fire postponed a hearing Wednesday, after prosecutors asked him to step aside. Attorneys for Cameron Todd Willingham's family, backed by the New York-based Innocence Project, are seeking to clear his name. If the judge clears Willingham, it will mark the first time an official in the nation's most active death penalty state has formally declared that someone was wrongly executed.
J&J Investors' Class Action Suit Filed in Wake of Company's 'Phantom Recall'
New Jersey Law Journal
A Johnson & Johnson investor has lodged a putative class action against the pharmaceutical giant, alleging it defrauded stockholders by attempting to cover up shoddy manufacturing and business practices -- including a covert recall of substandard products. According to the complaint, J&J and its subsidiary, McNeil Consumer Healthcare, secretly contracted other parties to do a quiet store-by-store buyback of Motrin products in which defects had been discovered, rather than contact the Food and Drug Administration.
Pittsburgh Firm Opens Second Ohio Office With Merger
The Legal Intelligencer
Pittsburgh-based Dickie McCamey has expanded its Ohio presence and bulked up its litigation capabilities through a merger with Columbus-based litigation boutique Golian McCaffrey. "We've targeted Columbus and central Ohio for years and we were just waiting for the right opportunity. This was it," said Dickie McCamey's managing director. He said the plan is to "expand that office pretty aggressively," and that Golian McCaffrey's "very strong" book of business complements Dickie McCamey's existing client base.
Hip-Joint Litigation Lawyers on Both Sides Disfavor Choice of N.J. Judge
New Jersey Law Journal
Lawyers jockeying over where to consolidate federal litigation against hip-replacement device maker DePuy Orthopaedics seem to agree on only one thing: District Judge Susan Wigenton in Newark, N.J., shouldn't handle it. Plaintiffs counsel, the Lanier Law Firm, had originally sought to consolidate the DePuy suits with Wigenton, who has been assigned a similar multidistrict litigation over Zimmer's Duram Cap hip implants. But the defense lawyers' opposition evidently persuaded the plaintiffs lawyers to change their minds.
Certifying to E-Discovery Completeness Is Certifiable
The National Law Journal
Jenner & Block attorneys Jerold S. Solovy and Robert L. Byman find something troubling in e-discovery: When lawyers certify production is complete, they use the word "complete," which is an unachievable goal in any complex litigation involving data spanning any significant time period.
Reality Check: Law Firm Cogs Aren't Special
Fulton County Daily Report
The Snark found pretty shocking some of the views expressed by associates in The American Lawyer's Midlevel Associates Survey. While it's not surprising that morale is low, The Snark thinks it's important for associates to realize: You are a Cog. Embrace it or move on already.
Students at Rutgers School of Law-Camden are helping federal inmates transition into post-prison life as part of a new pro bono effort. Rutgers' program is unique because it relies on student volunteers who don't receive academic credit, says Todd Berger, managing partner of the project.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Subscription required for online access:
High Court Seems Reluctant to Overturn First Amendment Precedents in Funeral Protest Case
The National Law Journal
While expressing disdain for the virulent protests staged at military funerals by members of a Kansas church, some Supreme Court justices on Wednesday seemed reluctant to upset First Amendment precedents that protect even the most obnoxious speech from punishment. Protests by members of the church -- who demonstrate at funerals and other events to promote their message that God is punishing America for its acceptance of homosexuality -- have triggered lawsuits and legislation in 43 states to restrict funeral protests.
Federal Judge Denies Certification to Wellbutrin Class
The Legal Intelligencer
In a significant win for big pharmaceutical firms, a federal judge has refused to certify a consumer and indirect purchaser antitrust class action against GlaxoSmithKline on the grounds that the plaintiffs cannot prove each class member was affected by the alleged scheme to maintain higher prices. The plaintiffs allege that GSK set out to delay the market date for a generic version of Wellbutrin SR by using "sham" patent litigation to tie up generic manufacturers in court and patent board proceedings.
Internet Privacy Suits Filed Against Yahoo, Others
Fulton County Daily Report
A set of potential class actions filed recently in Georgia against three Internet powerhouses raises interesting questions about how law enforcement agencies get information about Internet users without their knowledge. The suits claim that Comcast, Yahoo and Windstream have violated federal wiretap and computer privacy laws by providing information in response to warrants or subpoenas issued by Georgia judges or magistrates, which are then relayed to the Internet companies' headquarters outside of Georgia.
Tax Panel Rejects Lawyer's Bid to Deduct Spending for Sex
New York Law Journal
A state tax appeals board has denied a retired New York lawyer's attempts to claim hundreds of thousands of dollars he spent on prostitutes, massages, pornography and other sex-related activities as deductions for "medical expenses." Among the disallowed deductions were $40,588 on his 2002 return for "therapeutic sex," $70,776 for "massage therapy to relieve osteoarthritis and enhance erectile function through frequent orgasms" and $2,173 for "pornography to enhance sexual performance in lieu of taking Viagra."
Justices Appear Ready to Hold New Orleans Prosecutors Liable for Misconduct
The National Law Journal
Supreme Court justices on Wednesday appeared ready to give the green light to efforts by a New Orleans man to win compensation for prosecutorial misconduct that put him behind bars for more than two decades for a murder he did not commit. The Court heard arguments in Connick v. Thompson, in which former New Orleans District Attorney Harry Connick maintains that his office should not be held liable for what he contends was a single incident of failing to hand over exculpatory evidence to the defense before trial.
Fla. Magistrate Resigns Amid Complaints About Race Remarks
Daily Business Review
A Florida magistrate abruptly ended his 22 years on the bench just weeks after a black female prosecutor accused him of making racially insensitive remarks in court. William E. Dellow Jr. is accused of referring to Assistant State Attorney Danelle Augustin as "pigmently enhanced" and making other questionable comments Aug. 12. Dellow submitted a resignation letter last month. The incident came two years after Dellow was disciplined for a sexual harassment claim brought by a female court staff member.
Airgas Claims Bylaw OK'd by Shareholders Violates Del. Law
Delaware Law Weekly
On the eve of this week's trial stemming from the takeover battle between Airgas and Air Products & Chemicals, Airgas filed a complaint asking the Delaware Court of Chancery to resolve a novel issue between the two companies concerning the terms of directors on a staggered board and what exactly is meant by an "annual" meeting. Sources agree that the situation -- seeking to accelerate a shareholders' meeting to remove directors by bringing up a vote on a staggered board in the context of a hostile deal -- is unique.
Dreier's Ex-Wife Suffers Setback in Bid for $7 Million in Support
New York Law Journa
The attempt of the ex-wife of jailed attorney Marc S. Dreier to collect $7 million in support from his bankruptcy estate suffered a setback this week. Refusing to lift an automatic stay in the case, a bankruptcy judge held that Elisa Dreier was not entitled to have a state judge decide whether Mr. Dreier's noncompliance with a separation agreement accelerated all of the pact's support obligations. That means Ms. Dreier's claim will be weighed against those of other creditors in bankruptcy court.
N.Y. Federal Judge Bars Key Testimony in Embassy Bombing Case
New York Law Journal
A critical government witness was knocked out of the case of accused embassy bomber Ahmed Khalfan Ghailani on Wednesday because a federal judge concluded allowing his testimony would violate the U.S. Constitution. Dealing a sharp blow to the prosecution, Judge Lewis Kaplan said Hussein Abebe, who allegedly sold Ghailani the dynamite used in the 1998 bombing of the U.S. Embassy in Tanzania, will not be allowed to take the witness stand because he was identified and located as a result of harsh CIA interrogation of Ghailani.
Judge Delays Hearing Into Execution of Father Convicted of Arson Deaths
The Associated Press
A Texas judge who has been asked to re-examine arson evidence used to convict a man executed for killing his three daughters in a 1991 fire postponed a hearing Wednesday, after prosecutors asked him to step aside. Attorneys for Cameron Todd Willingham's family, backed by the New York-based Innocence Project, are seeking to clear his name. If the judge clears Willingham, it will mark the first time an official in the nation's most active death penalty state has formally declared that someone was wrongly executed.
J&J Investors' Class Action Suit Filed in Wake of Company's 'Phantom Recall'
New Jersey Law Journal
A Johnson & Johnson investor has lodged a putative class action against the pharmaceutical giant, alleging it defrauded stockholders by attempting to cover up shoddy manufacturing and business practices -- including a covert recall of substandard products. According to the complaint, J&J and its subsidiary, McNeil Consumer Healthcare, secretly contracted other parties to do a quiet store-by-store buyback of Motrin products in which defects had been discovered, rather than contact the Food and Drug Administration.
Pittsburgh Firm Opens Second Ohio Office With Merger
The Legal Intelligencer
Pittsburgh-based Dickie McCamey has expanded its Ohio presence and bulked up its litigation capabilities through a merger with Columbus-based litigation boutique Golian McCaffrey. "We've targeted Columbus and central Ohio for years and we were just waiting for the right opportunity. This was it," said Dickie McCamey's managing director. He said the plan is to "expand that office pretty aggressively," and that Golian McCaffrey's "very strong" book of business complements Dickie McCamey's existing client base.
Hip-Joint Litigation Lawyers on Both Sides Disfavor Choice of N.J. Judge
New Jersey Law Journal
Lawyers jockeying over where to consolidate federal litigation against hip-replacement device maker DePuy Orthopaedics seem to agree on only one thing: District Judge Susan Wigenton in Newark, N.J., shouldn't handle it. Plaintiffs counsel, the Lanier Law Firm, had originally sought to consolidate the DePuy suits with Wigenton, who has been assigned a similar multidistrict litigation over Zimmer's Duram Cap hip implants. But the defense lawyers' opposition evidently persuaded the plaintiffs lawyers to change their minds.
Certifying to E-Discovery Completeness Is Certifiable
The National Law Journal
Jenner & Block attorneys Jerold S. Solovy and Robert L. Byman find something troubling in e-discovery: When lawyers certify production is complete, they use the word "complete," which is an unachievable goal in any complex litigation involving data spanning any significant time period.
Reality Check: Law Firm Cogs Aren't Special
Fulton County Daily Report
The Snark found pretty shocking some of the views expressed by associates in The American Lawyer's Midlevel Associates Survey. While it's not surprising that morale is low, The Snark thinks it's important for associates to realize: You are a Cog. Embrace it or move on already.
Students at Rutgers School of Law-Camden are helping federal inmates transition into post-prison life as part of a new pro bono effort. Rutgers' program is unique because it relies on student volunteers who don't receive academic credit, says Todd Berger, managing partner of the project.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Wednesday, October 06, 2010
LAW.COM Newswire Highlights October 6, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access:
Justices Consider Limits on Employer Background Checks in NASA Case
The National Law Journal
Lawyers for the federal government clashed with lawyers for a group of California scientists at the U.S. Supreme Court on Tuesday over how much information the government can demand in background checks on potential employees before violating their privacy rights. The government wants the Court to overturn a preliminary injunction issued by the 9th Circuit, which found that certain questions on NASA background forms for contract employees were so intrusive as to violate the employees' right to informational privacy.
Toyota Shareholders Invoke Japanese Securities Law in Consolidated Complaint
The National Law Journal
Lawyers for Toyota shareholders who suffered losses tied to massive recalls and claims of sudden acceleration of its vehicles have filed a consolidated complaint invoking Japanese securities laws against the company and several of its officers and directors. The complaint, filed Tuesday in Los Angeles federal court, alleges Toyota issued false and misleading statements in conference calls with investors, filings with the SEC and interviews with the press -- all of which caused its shares to be artificially inflated.
Survey Shows Summer Associates Still in Recession's Grip
The American Lawyer
For this year's summer law clerks, 2010 is likely to go down as the year of the even leaner, meaner summer program. Like their predecessors last year, this year's summer class got a stark reminder of the heavy toll the recession has taken, as many top law firms continued to reduce the length of summer programs -- if they had programs at all. On the bright side, firms were generally better able than last year to assure the summer clerks they did hire that they would get full-time job offers, provided they did good work.
Would-Be Times Square Bomber Greets Life Term With Defiance
New York Law Journal
It did not take long for New York federal Judge Miriam Goldman Cedarbaum to sentence failed Times Square bomber Faisal Shahzad to life in prison Tuesday, because there was not much left to say. With a life sentence guaranteed for a man who had already declared his lack of remorse and implacable hatred for America, Cedarbaum did not engage in an extended exchange about the morality of what he had done. Shahzad smirked when he was ordered to prison for life, telling the judge, "I'm happy with the deal God has given me."
New Round of Layoffs Hits Husch Blackwell
The American Lawyer
Layoffs at Am Law 200 firms may have slowed from their frenetic pace of a year ago, but they haven't stopped altogether. The latest blip on the job-loss radar: Husch Blackwell, which reportedly let go of nearly 20 lawyers last month. While those laid off reportedly failed to meet their billable hour targets, the firm declined to get into specifics about the layoffs and would not say how many lawyers had been affected. In Husch Blackwell's last round of layoffs in March 2009, the firm let go of 17 lawyers and 45 staffers.
Courts Deal With Fallout of Judge's Arrest on Drug and Gun Charges
Fulton County Daily Report
Judges and attorneys in Georgia, Washington and Alabama spent Tuesday coping with fallout from U.S. District Senior Judge Jack T. Camp's arrest on federal drug and gun charges. Judges, including Chief Justice John Roberts Jr., sought someone to oversee the criminal case and determine how to reassign Camp's caseload. Some attorneys experienced in defending federal drug cases said the crimes with which Camp is charged, if prosecuted at all, would likely have been handled by local prosecutors, had Camp not been a federal judge.
All Federal Circuit Vacancies Now Have Nominees, but Quick Confirmation Unlikely
The National Law Journal
President Barack Obama's recent nomination of Jimmie Reyna for one of three vacancies on the U.S. Court of Appeals for the Federal Circuit covers all open slots and adds a candidate with deep international trade expertise. But court watchers expect that at least two of the confirmations to the 12-judge court, including Reyna's, will stretch into next year.
Fla. Judge Quashes State Subpoena in Foreclosure Probe
Daily Business Review
A Florida judge dealt a blow Monday to state AG Bill McCollum's investigation of foreclosure law firms by quashing a broad subpoena issued against one of the firms. The judge in a sharply worded order said it's up to the Florida Supreme Court and the Florida Bar to regulate attorneys, not the attorney general. He also called the subpoena of Shapiro & Fishman "overbroad, vague, inconsistent and unduly burdensome" as well as "invasive" and said it was unlikely to reveal "actionable conduct" by the firm.
Proskauer Rose Elects New Chairman
New York Law Journal
Proskauer Rose said Monday it had elected Joseph Leccese, 49, as its new chairman, making him the youngest elected chair in the firm's 135-year history. He will succeed Allen Fagin, who will step down in January after serving the maximum six-year term as chair. Leccese joined Proskauer in 1986 as an associate. As a partner in the corporate department and co-head of the sports law group, he counts among his clients the NBA and NHL. He represented Robert Wood Johnson IV when he bought the New York Jets for $635 million.
White & Williams to Shutter Pittsburgh Office
The Legal Intelligencer
White & Williams confirmed Tuesday that it is set to close its 10-year-old Pittsburgh office. The firm has five lawyers in the city, all in the firm's litigation department with a focus on medical malpractice defense. Although the Pittsburgh lawyers have "very significant" clients in the area of medical malpractice defense, that office didn't produce the cross-selling opportunities other offices have, said managing partner George Hartnett, noting that the Pittsburgh office's clients are "very Pittsburgh-centric."
Supreme Court Denies Ga. Death Penalty Appeal
Fulton County Daily Report
The U.S. Supreme Court on Monday let stand the Georgia Supreme Court's decision on Jamie Ryan Weis, who has been in jail facing the death penalty for more than four years while the Georgia Public Defender Standards Council struggles to pay for attorneys to handle his case. Weis, accused of the 2006 robbery-murder of Catherine King, had asked the Supreme Court to review a March decision by the Georgia high court that his constitutional right to a speedy trial had not been violated.
Lawyers on Both Sides of the Pond Gear Up for New U.K. Bribery Law
The American Lawyer
White-collar criminal lawyers on both sides of the Atlantic are bracing themselves for the new U.K. Bribery Act, which could generate significant legal work when it becomes law next year. The first change to U.K. bribery laws in more than a century, the act is primarily designed to tighten the country's regulatory framework. However, given the act's broad jurisdictional reach, most U.S. public companies are apt to be affected by what experts describe as the most draconian anti-corruption legislation in the world.
Visit International News
Harvesting Evidence From the Sea of Text Messages
New York Law Journal
The explosive growth of text messaging presents litigators with new opportunities and challenges. To understand the utility of text messages as an evidentiary tool, say attorneys Alan Winchester and Russell Maines, it is important to understand what text messages are, and how they work.
Visit Legal Technology
What Do Attorneys Wish Their Paralegals Knew?
The Legal Intelligencer
Paralegal Kim Walker polled several attorneys with the question, "What do attorneys wish their paralegals knew?" She uses the attorneys' answers as a starting point for advice on how paralegals can brush up on their skills and avoid the all-too-common problem of becoming complacent.
Visit lawjobs.com News & Views
The Careerist: First, Take a Shower
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. First, Take a Shower: Advice for the Unemployed Lawyer on Staying Disciplined And Think Firms Care About Morale? Also Time for a Lawyers' Tea Party?
Visit The Careerist
Growth of Consumer Debt Litigation Keeps Small Firms Busy
The Legal Intelligencer
A logical chain of events has been occurring recently: The recession has caused more consumer debts to go unpaid, which in turn, has led to more legal battles between consumers and their creditors. On one hand, debt collectors are suing consumers to collect the unpaid debts. On the other, consumer debtors are filing suits claiming debt collection harassment. Attorneys say such litigation has been on the rise over the past few years, and it's typically been small firms and solo attorneys that have benefited.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscription required for online access:
Justices Consider Limits on Employer Background Checks in NASA Case
The National Law Journal
Lawyers for the federal government clashed with lawyers for a group of California scientists at the U.S. Supreme Court on Tuesday over how much information the government can demand in background checks on potential employees before violating their privacy rights. The government wants the Court to overturn a preliminary injunction issued by the 9th Circuit, which found that certain questions on NASA background forms for contract employees were so intrusive as to violate the employees' right to informational privacy.
Toyota Shareholders Invoke Japanese Securities Law in Consolidated Complaint
The National Law Journal
Lawyers for Toyota shareholders who suffered losses tied to massive recalls and claims of sudden acceleration of its vehicles have filed a consolidated complaint invoking Japanese securities laws against the company and several of its officers and directors. The complaint, filed Tuesday in Los Angeles federal court, alleges Toyota issued false and misleading statements in conference calls with investors, filings with the SEC and interviews with the press -- all of which caused its shares to be artificially inflated.
Survey Shows Summer Associates Still in Recession's Grip
The American Lawyer
For this year's summer law clerks, 2010 is likely to go down as the year of the even leaner, meaner summer program. Like their predecessors last year, this year's summer class got a stark reminder of the heavy toll the recession has taken, as many top law firms continued to reduce the length of summer programs -- if they had programs at all. On the bright side, firms were generally better able than last year to assure the summer clerks they did hire that they would get full-time job offers, provided they did good work.
Would-Be Times Square Bomber Greets Life Term With Defiance
New York Law Journal
It did not take long for New York federal Judge Miriam Goldman Cedarbaum to sentence failed Times Square bomber Faisal Shahzad to life in prison Tuesday, because there was not much left to say. With a life sentence guaranteed for a man who had already declared his lack of remorse and implacable hatred for America, Cedarbaum did not engage in an extended exchange about the morality of what he had done. Shahzad smirked when he was ordered to prison for life, telling the judge, "I'm happy with the deal God has given me."
New Round of Layoffs Hits Husch Blackwell
The American Lawyer
Layoffs at Am Law 200 firms may have slowed from their frenetic pace of a year ago, but they haven't stopped altogether. The latest blip on the job-loss radar: Husch Blackwell, which reportedly let go of nearly 20 lawyers last month. While those laid off reportedly failed to meet their billable hour targets, the firm declined to get into specifics about the layoffs and would not say how many lawyers had been affected. In Husch Blackwell's last round of layoffs in March 2009, the firm let go of 17 lawyers and 45 staffers.
Courts Deal With Fallout of Judge's Arrest on Drug and Gun Charges
Fulton County Daily Report
Judges and attorneys in Georgia, Washington and Alabama spent Tuesday coping with fallout from U.S. District Senior Judge Jack T. Camp's arrest on federal drug and gun charges. Judges, including Chief Justice John Roberts Jr., sought someone to oversee the criminal case and determine how to reassign Camp's caseload. Some attorneys experienced in defending federal drug cases said the crimes with which Camp is charged, if prosecuted at all, would likely have been handled by local prosecutors, had Camp not been a federal judge.
All Federal Circuit Vacancies Now Have Nominees, but Quick Confirmation Unlikely
The National Law Journal
President Barack Obama's recent nomination of Jimmie Reyna for one of three vacancies on the U.S. Court of Appeals for the Federal Circuit covers all open slots and adds a candidate with deep international trade expertise. But court watchers expect that at least two of the confirmations to the 12-judge court, including Reyna's, will stretch into next year.
Fla. Judge Quashes State Subpoena in Foreclosure Probe
Daily Business Review
A Florida judge dealt a blow Monday to state AG Bill McCollum's investigation of foreclosure law firms by quashing a broad subpoena issued against one of the firms. The judge in a sharply worded order said it's up to the Florida Supreme Court and the Florida Bar to regulate attorneys, not the attorney general. He also called the subpoena of Shapiro & Fishman "overbroad, vague, inconsistent and unduly burdensome" as well as "invasive" and said it was unlikely to reveal "actionable conduct" by the firm.
Proskauer Rose Elects New Chairman
New York Law Journal
Proskauer Rose said Monday it had elected Joseph Leccese, 49, as its new chairman, making him the youngest elected chair in the firm's 135-year history. He will succeed Allen Fagin, who will step down in January after serving the maximum six-year term as chair. Leccese joined Proskauer in 1986 as an associate. As a partner in the corporate department and co-head of the sports law group, he counts among his clients the NBA and NHL. He represented Robert Wood Johnson IV when he bought the New York Jets for $635 million.
White & Williams to Shutter Pittsburgh Office
The Legal Intelligencer
White & Williams confirmed Tuesday that it is set to close its 10-year-old Pittsburgh office. The firm has five lawyers in the city, all in the firm's litigation department with a focus on medical malpractice defense. Although the Pittsburgh lawyers have "very significant" clients in the area of medical malpractice defense, that office didn't produce the cross-selling opportunities other offices have, said managing partner George Hartnett, noting that the Pittsburgh office's clients are "very Pittsburgh-centric."
Supreme Court Denies Ga. Death Penalty Appeal
Fulton County Daily Report
The U.S. Supreme Court on Monday let stand the Georgia Supreme Court's decision on Jamie Ryan Weis, who has been in jail facing the death penalty for more than four years while the Georgia Public Defender Standards Council struggles to pay for attorneys to handle his case. Weis, accused of the 2006 robbery-murder of Catherine King, had asked the Supreme Court to review a March decision by the Georgia high court that his constitutional right to a speedy trial had not been violated.
Lawyers on Both Sides of the Pond Gear Up for New U.K. Bribery Law
The American Lawyer
White-collar criminal lawyers on both sides of the Atlantic are bracing themselves for the new U.K. Bribery Act, which could generate significant legal work when it becomes law next year. The first change to U.K. bribery laws in more than a century, the act is primarily designed to tighten the country's regulatory framework. However, given the act's broad jurisdictional reach, most U.S. public companies are apt to be affected by what experts describe as the most draconian anti-corruption legislation in the world.
Visit International News
Harvesting Evidence From the Sea of Text Messages
New York Law Journal
The explosive growth of text messaging presents litigators with new opportunities and challenges. To understand the utility of text messages as an evidentiary tool, say attorneys Alan Winchester and Russell Maines, it is important to understand what text messages are, and how they work.
Visit Legal Technology
What Do Attorneys Wish Their Paralegals Knew?
The Legal Intelligencer
Paralegal Kim Walker polled several attorneys with the question, "What do attorneys wish their paralegals knew?" She uses the attorneys' answers as a starting point for advice on how paralegals can brush up on their skills and avoid the all-too-common problem of becoming complacent.
Visit lawjobs.com News & Views
The Careerist: First, Take a Shower
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. First, Take a Shower: Advice for the Unemployed Lawyer on Staying Disciplined And Think Firms Care About Morale? Also Time for a Lawyers' Tea Party?
Visit The Careerist
Growth of Consumer Debt Litigation Keeps Small Firms Busy
The Legal Intelligencer
A logical chain of events has been occurring recently: The recession has caused more consumer debts to go unpaid, which in turn, has led to more legal battles between consumers and their creditors. On one hand, debt collectors are suing consumers to collect the unpaid debts. On the other, consumer debtors are filing suits claiming debt collection harassment. Attorneys say such litigation has been on the rise over the past few years, and it's typically been small firms and solo attorneys that have benefited.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Tuesday, October 05, 2010
LAW.COM Newswire Highlights October 5, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access:
Prosecutorial Misconduct Is Rarely Punished, Says New Study
The National Law Journal
A report issued Monday by the Northern California Innocence Project at Santa Clara University School of Law found that of the 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct, only six prosecutors -- 0.8 percent -- were disciplined by the State Bar of California. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said.
U.S. Supreme Court Begins New Era With 3 Women on Bench
The Associated Press
The U.S. Supreme Court began a new era Monday with three women serving together for the first time. Elena Kagan quickly joined in the give-and-take but, in a scene that will repeat itself in the coming months, she left the courtroom while the other justices remained to hear a case in which she will take no part due to her work as the Obama administration's chief lawyer prior to joining the Court. As the Court began its new term, it turned down hundreds of appeals, including one from relatives of victims of the Sept. 11 attacks.
Defense in Insider Trading Case Challenges Wiretap Application
New York Law Journal
Defense lawyers for a hedge fund billionaire charged with insider trading accused the government Monday of "gaming the system" by failing to advise the judge who approved the wiretaps that much of the evidence had been gathered in ways that made the electronic surveillance unnecessary. A lawyer for Galleon Group founder Raj Rajaratnam told a New York federal judge that during a yearlong joint investigation, the SEC and federal prosecutors had built a "conventional" insider trading case using "conventional" techniques.
Orrick, Akin Gump End Merger Talks
The American Lawyer
Just about one week since Orrick and Akin Gump publicly acknowledged being in early merger talks, the firms have announced in a joint statement that those talks are over. "Orrick and Akin Gump have mutually agreed to conclude preliminary discussions regarding the possibility of a merger," said the statement. "The firms appreciated the opportunity to have the discussions, which confirmed their mutual respect for one another. However, the firms have determined not to proceed."
Alleged Liaisons With Stripper Lead to Judge's Arrest on Drug, Gun Charges
Fulton County Daily Report
An FBI undercover investigation has led to the arrest of a federal senior judge on federal drug and gun charges stemming from alleged liaisons with an exotic dancer with a felony record, according to a complaint filed Monday in U.S. District Court in Atlanta. FBI agents arrested U.S. District Senior Judge Jack T. Camp after the judge and the exotic dancer -- who was working as a confidential informant with the FBI -- met with an undercover law enforcement agent to buy cocaine and Roxicodone, a prescription pain reliever.
In Fosamax Case, $8 Million Award Reduced and Attorney Sanctioned
New York Law Journal
A federal judge has sanctioned a plaintiffs lawyer and reduced the jury award in one of the bellwether cases in the MDL over the anti-osteoporosis drug Fosamax. The judge called the $8 million verdict returned by a jury in favor of plaintiff Shirley Boles "excessive" and gave Boles the option of either getting a retrial on damages or taking $1.5 million. Also, Boles' lawyer, Gary Douglas, was sanctioned $2,500 for conduct that included calling the conduct of the drug's maker, Merck, "reprehensible" and "disgusting."
Plaintiffs, Alleging Prudential Conspired With Their Lawyers, Try to Pierce Privilege
New Jersey Law Journal
Former Prudential Life Insurance employees who say the company bribed their lawyers to keep their bias claims out of court are seeking access to thousands of documents the company asserts are privileged. The plaintiffs claim that the documents fall under the crime-fraud exception, a statutory loophole in the attorney-client privilege for communications for legal services "sought or obtained in aid of the commission of a crime or fraud." The request was made in a motion by the attorney for 73 of the 234 plaintiffs.
Defendant's Story of 'Redemption' Sways Jury in DUI Case
Fulton County Daily Report
In a civil battle between a DUI driver who caused a car crash and the preacher who was the victim, a Georgia jury sided with the reformed drinker. The plaintiff asked for nearly $2 million in compensatory and punitive damages, but the jury came back with a verdict of about $20,000. Defense attorney Hilliard V. Castilla said jurors told him later they were moved by the "theme of redemption" in the story of Alexandrina Brown, a grieving woman who had turned to alcohol, then turned her life around after the crash.
Trial to Decide if Bank CEO Knowingly Made False Statements
Daily Business Review
When it comes to securities fraud litigation, the BankAtlantic Bancorp trial slated for jury selection Friday could be dramatic. If the trial moves ahead as scheduled, it will be only the 12th since Congress clamped down on shareholder lawsuits in 1995, attorneys in the case say. The jury will be asked to decide whether BankAtlantic Bancorp CEO Alan Levan's statements about nonperforming loans on the watch list at the bank with $4.6 billion in assets were intentionally false and deceiving.
Kilpatrick Stockton Merges With California's Bell Rosenberg
The Recorder
Fourteen-attorney Oakland, Calif., firm Bell Rosenberg has combined with Atlanta-based Kilpatrick Stockton, with all but four Bell lawyers joining Kilpatrick effective Oct. 1, the firms announced Monday. The move gives nearly 500-lawyer Kilpatrick its first California office. Bell Rosenberg has counted Kaiser Permanente, the University of California and the Port of Oakland among its clients. Kilpatrick's managing partner said the Oakland office is a "jumping-off point" to having a larger West Coast presence.
N.J. High Court Approves Class Action Suit Alleging Relacore Ad Fraud
New Jersey Law Journal
A class action suit is the best method for resolving multiple consumer fraud claims against a drug maker over allegedly deceptive product advertising, New Jersey's Supreme Court held unanimously on Thursday. The holding, allowing thousands of dissatisfied users of the dietary supplement Relacore to sue collectively, potentially unleashes the full fury of New Jersey's Consumer Fraud Act -- with its potent treble damages remedy -- against pharmaceutical companies on a classwide basis, foiling any divide-and-conquer strategy.
How Private Is Facebook Under the SCA?
New York Law Journal
As online messaging services become more prominent, it is important to understand the extent to which the Stored Communications Act protects private communications and data on social networking and webmail sites, say Gibbons attorneys Mark S. Sidoti, Philip J. Duffy and Paul E. Asfendis.
Visit Legal Technology
LexisNexis Rolls Out Lexis Advance for Solos
Law.com
LexisNexis opened the doors to Lexis Advance for Solos today. The new product is aimed at one- and two-attorney firms looking for predictable legal research costs with easy access to materials. It uses a Silverlight-enabled web browser to access content in XML markup language over a .NET architecture.
Visit Legal Technology
Investigation Into Ted Stevens Case Takes Tragic Toll
The National Law Journal
Prosecutor Nicholas Marsh, under investigation for misconduct in the public corruption case against former Alaska Sen. Ted Stevens, killed himself on Sept. 26, and some current and former Justice Department attorneys blame the pace of the ongoing investigation for contributing to his death.
Visit lawjobs.com News & Views
The Careerist: Think Firms Care About Morale?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Think Firms Care About Morale? Also Time for a Lawyers' Tea Party? Plus Women Lawyers, Don't Let Your Wall Street Sisters Quit
Visit The Careerist
Commentary: Panel Discussion Provides Clues on Lawyer Dissatisfaction
The American Lawyer
Clues that explain the growing ranks of dissatisfied Big Law attorneys are everywhere, even on C-SPAN, notes Steven Harper, an adjunct professor at Northwestern University. He found some interesting ones during a panel discussion that included a law firm managing partner.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Subscription required for online access:
Prosecutorial Misconduct Is Rarely Punished, Says New Study
The National Law Journal
A report issued Monday by the Northern California Innocence Project at Santa Clara University School of Law found that of the 707 cases between 1997 and 2009 in which courts explicitly determined that prosecutors had committed misconduct, only six prosecutors -- 0.8 percent -- were disciplined by the State Bar of California. Sixty-seven prosecutors committed misconduct more than once and some as many as five times. The majority of those prosecutors were never publicly disciplined, the project said.
U.S. Supreme Court Begins New Era With 3 Women on Bench
The Associated Press
The U.S. Supreme Court began a new era Monday with three women serving together for the first time. Elena Kagan quickly joined in the give-and-take but, in a scene that will repeat itself in the coming months, she left the courtroom while the other justices remained to hear a case in which she will take no part due to her work as the Obama administration's chief lawyer prior to joining the Court. As the Court began its new term, it turned down hundreds of appeals, including one from relatives of victims of the Sept. 11 attacks.
Defense in Insider Trading Case Challenges Wiretap Application
New York Law Journal
Defense lawyers for a hedge fund billionaire charged with insider trading accused the government Monday of "gaming the system" by failing to advise the judge who approved the wiretaps that much of the evidence had been gathered in ways that made the electronic surveillance unnecessary. A lawyer for Galleon Group founder Raj Rajaratnam told a New York federal judge that during a yearlong joint investigation, the SEC and federal prosecutors had built a "conventional" insider trading case using "conventional" techniques.
Orrick, Akin Gump End Merger Talks
The American Lawyer
Just about one week since Orrick and Akin Gump publicly acknowledged being in early merger talks, the firms have announced in a joint statement that those talks are over. "Orrick and Akin Gump have mutually agreed to conclude preliminary discussions regarding the possibility of a merger," said the statement. "The firms appreciated the opportunity to have the discussions, which confirmed their mutual respect for one another. However, the firms have determined not to proceed."
Alleged Liaisons With Stripper Lead to Judge's Arrest on Drug, Gun Charges
Fulton County Daily Report
An FBI undercover investigation has led to the arrest of a federal senior judge on federal drug and gun charges stemming from alleged liaisons with an exotic dancer with a felony record, according to a complaint filed Monday in U.S. District Court in Atlanta. FBI agents arrested U.S. District Senior Judge Jack T. Camp after the judge and the exotic dancer -- who was working as a confidential informant with the FBI -- met with an undercover law enforcement agent to buy cocaine and Roxicodone, a prescription pain reliever.
In Fosamax Case, $8 Million Award Reduced and Attorney Sanctioned
New York Law Journal
A federal judge has sanctioned a plaintiffs lawyer and reduced the jury award in one of the bellwether cases in the MDL over the anti-osteoporosis drug Fosamax. The judge called the $8 million verdict returned by a jury in favor of plaintiff Shirley Boles "excessive" and gave Boles the option of either getting a retrial on damages or taking $1.5 million. Also, Boles' lawyer, Gary Douglas, was sanctioned $2,500 for conduct that included calling the conduct of the drug's maker, Merck, "reprehensible" and "disgusting."
Plaintiffs, Alleging Prudential Conspired With Their Lawyers, Try to Pierce Privilege
New Jersey Law Journal
Former Prudential Life Insurance employees who say the company bribed their lawyers to keep their bias claims out of court are seeking access to thousands of documents the company asserts are privileged. The plaintiffs claim that the documents fall under the crime-fraud exception, a statutory loophole in the attorney-client privilege for communications for legal services "sought or obtained in aid of the commission of a crime or fraud." The request was made in a motion by the attorney for 73 of the 234 plaintiffs.
Defendant's Story of 'Redemption' Sways Jury in DUI Case
Fulton County Daily Report
In a civil battle between a DUI driver who caused a car crash and the preacher who was the victim, a Georgia jury sided with the reformed drinker. The plaintiff asked for nearly $2 million in compensatory and punitive damages, but the jury came back with a verdict of about $20,000. Defense attorney Hilliard V. Castilla said jurors told him later they were moved by the "theme of redemption" in the story of Alexandrina Brown, a grieving woman who had turned to alcohol, then turned her life around after the crash.
Trial to Decide if Bank CEO Knowingly Made False Statements
Daily Business Review
When it comes to securities fraud litigation, the BankAtlantic Bancorp trial slated for jury selection Friday could be dramatic. If the trial moves ahead as scheduled, it will be only the 12th since Congress clamped down on shareholder lawsuits in 1995, attorneys in the case say. The jury will be asked to decide whether BankAtlantic Bancorp CEO Alan Levan's statements about nonperforming loans on the watch list at the bank with $4.6 billion in assets were intentionally false and deceiving.
Kilpatrick Stockton Merges With California's Bell Rosenberg
The Recorder
Fourteen-attorney Oakland, Calif., firm Bell Rosenberg has combined with Atlanta-based Kilpatrick Stockton, with all but four Bell lawyers joining Kilpatrick effective Oct. 1, the firms announced Monday. The move gives nearly 500-lawyer Kilpatrick its first California office. Bell Rosenberg has counted Kaiser Permanente, the University of California and the Port of Oakland among its clients. Kilpatrick's managing partner said the Oakland office is a "jumping-off point" to having a larger West Coast presence.
N.J. High Court Approves Class Action Suit Alleging Relacore Ad Fraud
New Jersey Law Journal
A class action suit is the best method for resolving multiple consumer fraud claims against a drug maker over allegedly deceptive product advertising, New Jersey's Supreme Court held unanimously on Thursday. The holding, allowing thousands of dissatisfied users of the dietary supplement Relacore to sue collectively, potentially unleashes the full fury of New Jersey's Consumer Fraud Act -- with its potent treble damages remedy -- against pharmaceutical companies on a classwide basis, foiling any divide-and-conquer strategy.
How Private Is Facebook Under the SCA?
New York Law Journal
As online messaging services become more prominent, it is important to understand the extent to which the Stored Communications Act protects private communications and data on social networking and webmail sites, say Gibbons attorneys Mark S. Sidoti, Philip J. Duffy and Paul E. Asfendis.
Visit Legal Technology
LexisNexis Rolls Out Lexis Advance for Solos
Law.com
LexisNexis opened the doors to Lexis Advance for Solos today. The new product is aimed at one- and two-attorney firms looking for predictable legal research costs with easy access to materials. It uses a Silverlight-enabled web browser to access content in XML markup language over a .NET architecture.
Visit Legal Technology
Investigation Into Ted Stevens Case Takes Tragic Toll
The National Law Journal
Prosecutor Nicholas Marsh, under investigation for misconduct in the public corruption case against former Alaska Sen. Ted Stevens, killed himself on Sept. 26, and some current and former Justice Department attorneys blame the pace of the ongoing investigation for contributing to his death.
Visit lawjobs.com News & Views
The Careerist: Think Firms Care About Morale?
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Think Firms Care About Morale? Also Time for a Lawyers' Tea Party? Plus Women Lawyers, Don't Let Your Wall Street Sisters Quit
Visit The Careerist
Commentary: Panel Discussion Provides Clues on Lawyer Dissatisfaction
The American Lawyer
Clues that explain the growing ranks of dissatisfied Big Law attorneys are everywhere, even on C-SPAN, notes Steven Harper, an adjunct professor at Northwestern University. He found some interesting ones during a panel discussion that included a law firm managing partner.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
Wednesday, September 29, 2010
U.S. Supreme Court: Wednesday Roundup
The U.S.Supreme Court agrees to hear fourteen new cases and changes its policy on releasing audio recordings of oral arguments. Two new cases involving Anna Nicole Smith and a corporate right to privacy attract the most attention from the media and blogosphere.
From a September 29,2010 posting by Adam Chandler on Scotusblog
From a September 29,2010 posting by Adam Chandler on Scotusblog
LAW.COM Newswire Highlights September 29, 2010
A subscription to LAW.COM is required to gain online access to this service.To subscribe go to https://store.law.com/Registration/Default.aspx?promoCode=nw
Subscription required for online access to stories listed below:
Akin Gump, Orrick Explore Merger Possibility
New York Law Journal
Orrick, Herrington & Sutcliffe and Akin Gump Strauss Hauer & Feld confirmed Tuesday that they are engaged in "preliminary discussions" about the possibility of combining, potentially reshaping the legal landscape by creating a more than 1,800-lawyer firm with revenues of more than $1.5 billion. News of the potential deal comes amid renewed interest in mergers among the United States' law firms, with activity picking up after a drop-off in the recession.
Flat Demand, Price Pressures Behind Ominous Legal Jobs Forecast, Says Hildebrandt
The American Lawyer
An analysis of the legal job market by Hildebrandt Baker Robbins shows that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years. According to Hildebrandt managing director Lisa Smith, roughly 17,500 jobs could disappear within that time frame. As Smith sees it, what's happening in the legal industry is a microcosm of the overall economic picture.
Scores of Lawyers Apply for Lead Counsel in BP Litigation
The National Law Journal
More than 100 lawyers who are suing BP over the Deepwater Horizon oil spill have applied for coveted places on the committee that will lead the multidistrict litigation, citing either the extensive work they've already done or the unique role they would fill as the representative of a specific group of alleged victims. The plaintiffs' steering committee will conduct discovery, decide which motions to file and pocket the largest attorney fees in what stands to become one of the largest mass torts in history.
Supreme Court Grants 14 New Cases, With Kagan Recused in 4
The National Law Journal
The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess. The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.
Texas Law Professor Encounters Campus Gunman
Texas Lawyer
Tuesday was not a typical morning for Randall B. Wilhite, an adjunct professor at the University of Texas School of Law. As the Fullenweider Wilhite shareholder drove to the school, he heard "a loud burst of noise" and saw a man, wearing a ski mask and carrying what appeared to be an assault rifle, run in front of his car and fire several shots to the left of his vehicle. Authorities later confirmed that the gunman fatally shot himself.
Supreme Court Will Release Argument Audio on Delayed Basis
The National Law Journal
The Supreme Court announced Tuesday that, starting next week, it will post the audio of all its oral arguments on the Friday after they occur. Since the Court only hears arguments on Mondays, Tuesdays and Wednesdays, that means the release will be several days after the fact, making it of little use for contemporary reports by the news media. The justices have been under pressure from Congress in recent years to allow video and audio access to the Court's proceedings.
W.Va. Justice Reverses Self, Recuses in Malpractice Case
The National Law Journal
West Virginia Supreme Court of Appeals Judge Menis Ketchum has reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. A plaintiffs lawyer filed a motion for recusal last week after reading media reports that, during the 2008 election, Ketchum had said of the Medical Professional Liability Act, "I will not vote to overturn it. I will not vote to change it. I will not vote to modify it."
Court Ponders Whether 'Thumbs Up' Is an Overt Act for Conspiracy Purposes
New Jersey Law Journal
The New Jersey Supreme Court on Monday set out to determine whether a "thumbs up" and an encouraging word between co-defendants can amount to an overt act in furtherance of a continuing criminal conspiracy, and whether those out-of-court communications can be admitted into evidence. The appeals panel had cited the court decision that found Army Specialist Sabrina Harman's thumbs-up gestures in photographs with Abu Ghraib detainees signaled approval and encouragement to her co-conspirators.
Federal Judge Blocks Calif. Execution
The Associated Press
A federal judge on Tuesday blocked what would have been California's first execution in nearly five years. Judge Jeremy Fogel canceled the execution of rapist-murderer Albert Greenwood Brown after the 9th Circuit ordered him to reconsider his decision using different legal standards. Fogel said he halted the execution because he didn't have enough time to decide the weighty constitutional issues Brown raised before his scheduled execution at 9 p.m. Thursday.
Juvenile Detention Facility's Insurer Has No Duty to Defend 'Kids-for-Cash' Suits, Says Judge
The Legal Intelligencer
Gregory Zappala, owner of the juvenile detention facility at the heart of Pennsylvania's "kids-for-cash" scandal, suffered a setback this week when a federal judge ruled his insurer has no duty to defend him in a spate of civil suits. Prosecutors have never charged Zappala with any wrongdoing, but the civil suits allege he was part of a RICO conspiracy and was aware kickbacks were being paid by his former partner to judges in order to guarantee youths would be sent to a facility owned by Zappala's company.
Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The American Lawyer
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.
Visit International News
The Role of Social Media in Sentencing Advocacy
New York Law Journal
Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.
Visit Legal Technology
Commentary: What Makes Satisfied Lawyers Tick?
The American Lawyer
What makes satisfied attorneys tick and what can be done to increase their ranks? That's the question presented by Steven Harper, adjunct professor at Northwestern University and a recently retired partner from Kirkland & Ellis. Does it help for large firms to resist an MBA mentality?
Visit lawjobs.com News & Views
The Careerist: Law School News About Pushy Mom, Spammed Prof, Spurned Students
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do! Also My Date With Speed Mentors
Visit The Careerist
10 Items for Your Law Firm Marketing 'To-Do' List
The Legal Intelligencer
Like clockwork every fall -- once the summer ends and kids go back to school -- consultant Stacy West Clark's phone starts ringing with calls from law firms that see a long fall and winter ahead and are re-energized to rev up their business development activities. So, Clark has created a fall marketing "to-do" list of things to get firms going. Among the items Clark suggests: Audit the experience of being a client, put together a public record of your accomplishments and mandate that associates get involved.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscription required for online access to stories listed below:
Akin Gump, Orrick Explore Merger Possibility
New York Law Journal
Orrick, Herrington & Sutcliffe and Akin Gump Strauss Hauer & Feld confirmed Tuesday that they are engaged in "preliminary discussions" about the possibility of combining, potentially reshaping the legal landscape by creating a more than 1,800-lawyer firm with revenues of more than $1.5 billion. News of the potential deal comes amid renewed interest in mergers among the United States' law firms, with activity picking up after a drop-off in the recession.
Flat Demand, Price Pressures Behind Ominous Legal Jobs Forecast, Says Hildebrandt
The American Lawyer
An analysis of the legal job market by Hildebrandt Baker Robbins shows that nearly 27 percent of the 65,000 non-partner positions at Am Law 200 firms could be cut or recategorized as lower-paying positions over the next five to seven years. According to Hildebrandt managing director Lisa Smith, roughly 17,500 jobs could disappear within that time frame. As Smith sees it, what's happening in the legal industry is a microcosm of the overall economic picture.
Scores of Lawyers Apply for Lead Counsel in BP Litigation
The National Law Journal
More than 100 lawyers who are suing BP over the Deepwater Horizon oil spill have applied for coveted places on the committee that will lead the multidistrict litigation, citing either the extensive work they've already done or the unique role they would fill as the representative of a specific group of alleged victims. The plaintiffs' steering committee will conduct discovery, decide which motions to file and pocket the largest attorney fees in what stands to become one of the largest mass torts in history.
Supreme Court Grants 14 New Cases, With Kagan Recused in 4
The National Law Journal
The Supreme Court on Tuesday granted review in 14 new cases to be argued in its new term. The order list is the product of the Court's so-called "long conference" Monday at which, in private, it considered the thousands of petitions that have piled up during the summer recess. The list also indicated that Justice Elena Kagan has decided to recuse in four of the new cases, which makes for a total of 25 cases out of the 54 the Court has granted review so far in which Kagan will not participate.
Texas Law Professor Encounters Campus Gunman
Texas Lawyer
Tuesday was not a typical morning for Randall B. Wilhite, an adjunct professor at the University of Texas School of Law. As the Fullenweider Wilhite shareholder drove to the school, he heard "a loud burst of noise" and saw a man, wearing a ski mask and carrying what appeared to be an assault rifle, run in front of his car and fire several shots to the left of his vehicle. Authorities later confirmed that the gunman fatally shot himself.
Supreme Court Will Release Argument Audio on Delayed Basis
The National Law Journal
The Supreme Court announced Tuesday that, starting next week, it will post the audio of all its oral arguments on the Friday after they occur. Since the Court only hears arguments on Mondays, Tuesdays and Wednesdays, that means the release will be several days after the fact, making it of little use for contemporary reports by the news media. The justices have been under pressure from Congress in recent years to allow video and audio access to the Court's proceedings.
W.Va. Justice Reverses Self, Recuses in Malpractice Case
The National Law Journal
West Virginia Supreme Court of Appeals Judge Menis Ketchum has reversed course and decided to recuse himself in a pending case on damage caps in malpractice cases, an issue on which he had taken a stand during his election campaign. A plaintiffs lawyer filed a motion for recusal last week after reading media reports that, during the 2008 election, Ketchum had said of the Medical Professional Liability Act, "I will not vote to overturn it. I will not vote to change it. I will not vote to modify it."
Court Ponders Whether 'Thumbs Up' Is an Overt Act for Conspiracy Purposes
New Jersey Law Journal
The New Jersey Supreme Court on Monday set out to determine whether a "thumbs up" and an encouraging word between co-defendants can amount to an overt act in furtherance of a continuing criminal conspiracy, and whether those out-of-court communications can be admitted into evidence. The appeals panel had cited the court decision that found Army Specialist Sabrina Harman's thumbs-up gestures in photographs with Abu Ghraib detainees signaled approval and encouragement to her co-conspirators.
Federal Judge Blocks Calif. Execution
The Associated Press
A federal judge on Tuesday blocked what would have been California's first execution in nearly five years. Judge Jeremy Fogel canceled the execution of rapist-murderer Albert Greenwood Brown after the 9th Circuit ordered him to reconsider his decision using different legal standards. Fogel said he halted the execution because he didn't have enough time to decide the weighty constitutional issues Brown raised before his scheduled execution at 9 p.m. Thursday.
Juvenile Detention Facility's Insurer Has No Duty to Defend 'Kids-for-Cash' Suits, Says Judge
The Legal Intelligencer
Gregory Zappala, owner of the juvenile detention facility at the heart of Pennsylvania's "kids-for-cash" scandal, suffered a setback this week when a federal judge ruled his insurer has no duty to defend him in a spate of civil suits. Prosecutors have never charged Zappala with any wrongdoing, but the civil suits allege he was part of a RICO conspiracy and was aware kickbacks were being paid by his former partner to judges in order to guarantee youths would be sent to a facility owned by Zappala's company.
Brazilian Bar Concludes Foreign Law Firm Alliances Break Rules
The American Lawyer
The legal market in Brazil has been particularly active in recent months, with firms like Milbank and Gibson Dunn announcing they were opening Brazilian offices. But a recent ethical and disciplinary panel opinion of the Sao Paulo Bar illustrates the mounting tension over the influx of foreign firms into one of the world's fastest-growing economies. Although only advisory, the opinion indicates where a more formal ruling might fall if a case were brought against major U.S. firms operating in Brazil in alliance with local firms.
Visit International News
The Role of Social Media in Sentencing Advocacy
New York Law Journal
Embarrassing Facebook photos and regrettable MySpace statements are starting to become commonplace in pre-sentencing reports and disposition hearings. But attorney Ken Strutin also sees potential in these sites to generate mitigating evidence for the defense to present at sentencing.
Visit Legal Technology
Commentary: What Makes Satisfied Lawyers Tick?
The American Lawyer
What makes satisfied attorneys tick and what can be done to increase their ranks? That's the question presented by Steven Harper, adjunct professor at Northwestern University and a recently retired partner from Kirkland & Ellis. Does it help for large firms to resist an MBA mentality?
Visit lawjobs.com News & Views
The Careerist: Law School News About Pushy Mom, Spammed Prof, Spurned Students
The Careerist
Check out some of the latest posts on the lawjobs.com blog, The Careerist. Law School News: Pushy Mom; Spammed Prof, Spurned Students; Lit Prize Also So That's What Men Do! Also My Date With Speed Mentors
Visit The Careerist
10 Items for Your Law Firm Marketing 'To-Do' List
The Legal Intelligencer
Like clockwork every fall -- once the summer ends and kids go back to school -- consultant Stacy West Clark's phone starts ringing with calls from law firms that see a long fall and winter ahead and are re-energized to rev up their business development activities. So, Clark has created a fall marketing "to-do" list of things to get firms going. Among the items Clark suggests: Audit the experience of being a client, put together a public record of your accomplishments and mandate that associates get involved.
Law.com® 120 Broadway, 5th Floor, New York, NY 10271-1101, Customer Service Phone: (877) 256-CIRC
© 2010 ALM Media Properties, LLC. All rights reserved.
Subscribe to:
Posts (Atom)