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Using LinkedIn to Help You Find Work as a Lawyer - Law.com - February 19, 2010
Whether you're looking for work as a lawyer or interested in client development, LinkedIn can be a useful tool, says consultant Debra L. Bruce. One reason why: the ability, essentially, to present your resume on steroids. Bruce also offers some warnings to keep in mind.

Ashurst Asks More Partners to Leave - Law.com - February 19, 2010
Ashurst has asked a number of partners to leave by the end of the current financial year, despite already seeing nearly 30 partner exits since May 2009. The top 10 U.K. firm asked fewer than 10 partners to leave shortly before Christmas, with most set to depart by the end of April. The total does not include retirees, such as London corporate partners David Kershaw and Alan Kitchin, and most come on top of the 27 partners who have left Ashurst's limited liability partnership since May 1.

Police: Duke Lacrosse Players' Accuser Assaulted Boyfriend - Law.com - February 19, 2010
The woman who falsely accused three Duke University lacrosse players of rape nearly four years ago has been charged with attempted murder, arson and other counts after a fight with her boyfriend, Durham, N.C., police said. Crystal Mangum was charged with identity theft, communicating threats, damage to property, resisting an officer and misdemeanor child abuse. The state's investigation of Mangum's claims in 2006 found there was no DNA, witness accounts or other evidence that confirmed her rape report.

Head of Greenberg's D.C. Office Goes to Colson Hicks - Law.com - February 19, 2010
Florida-based Colson Hicks Eidson has opened a Washington, D.C., office and snagged the head of Greenberg Traurig's Washington office to run it. Ron Kleinman, former managing shareholder of Greenberg's Washington office, became the head of the second office for Colson. After 15 years at a large law firm, Kleinman wanted "to try the small-firm thing." He said, "This is a very friendly and amicable parting." The new office is starting out with two lawyers, but there are plans for growth.

FTC and States Take Aim at 9 Alleged Job Scam Artists - Law.com - February 19, 2010
The Federal Trade Commission and state attorneys general took another swipe this week at scams that target unemployed people, jointly or separately filing nine new lawsuits against alleged "con artists" who charge victims for bogus job leads. The FTC announced that it has filed seven more lawsuits, bringing its total to 11 since spring in what it's calling Operation Bottom Dollar. The agency said it has partnered with online job search companies, including Monster.com and Craigslist, to help job-seekers spot scams.

12 Convicted in Pinot Noir Fraud Scheme - Law.com - February 19, 2010
A court in the medieval town of Carcassonne in southwest France has convicted a dozen people in a scheme in which local wine exported to the United States was passed off as more expensive Pinot Noir, duping the California wine-making empire of E.&J. Gallo. The scheme hit every level of the chain that takes the wine from the vine and gets it to U.S. consumers.

Infomercial Star Fined Following E-Mail Blitz Against Federal Judge - Law.com - February 19, 2010
Infomercial star Kevin Trudeau, author of "The Weight Loss Cure 'They' Don't Want You to Know About," tried to get off the hook in a civil contempt proceeding by exhorting supporters to e-mail the court and explain "how I have changed your life for the better." His backers complied by sending more than 300 messages, clogging the inbox and crashing the computer of Chicago federal Judge Robert Gettleman. On Wednesday, Gettleman held Trudeau in criminal contempt and slapped him with a $5,000 fine.

Both Sides Object to Special Master's Findings in Judge Sharon Keller Case - Law.com - February 19, 2010
Prosecutors for the Texas State Commission on Judicial Conduct argue inobjections filed Wednesday that Court of Criminal Appeals PresidingJudge Sharon Keller's "willful and/or persistent conduct" in the case ofMichael Richard authorizes the commission to sanction her. They wereresponding to the findings of fact the special master in Keller's casesubmitted to the commission last month, finding that Keller should notbe removed from office or be publicly reprimanded for her conduct inconnection with Richard's case.

Morrison &Foerster Returns First-Years to $160K - Law.com - February 19, 2010
Morrison &Foerster has raised first-year salaries back to $160,000 after a few months of experimenting with the market. The firm had lowered starting salaries outside of New York and Asia to $145,000 in October. Chairman Keith Wetmore said at the time that the market for first-year salaries among national firms was "undetermined." Big-firm starting associate salaries have scattered across the board since the recession ended a salary war that had raised starting pay to $160,000 nearly everywhere.

Study Finds Sharp Decline in Law Review Circulation - Law.com - February 19, 2010


School District Accused of Spying on Students via Home Webcams - Law.com - February 19, 2010
In a case that has set the blogosphere abuzz, a federal lawsuit filed in Philadelphia alleges that 1,800 students were given laptop computers equipped with webcams, which -- unbeknownst to the students or their parents -- could be activated at any time by school officials to spy on the students and their families in their homes. The suit claims that word of the alleged surveillance got out after a school official confronted a student, now the lead plaintiff, with a webcam photo in which he displayed "improper behavior."

Holland &Knight Litigation Chair Leaves for Boutique - Law.com - February 12, 2010
Miami attorney Peter Prieto is a big fish in a big pond, rising to the upper echelon at Holland &Knight as chairman of its national litigation section, the largest practice group at the law firm. But as of Feb. 16, he will jump across town to the boutique litigation firm Podhurst Orseck as a partner. Prieto said he was not pursuing a change, but the opportunity to move to Podhurst was too enticing to pass up. "Working in a litigation boutique is considered by many to be the gold standard," Prieto said.

Lawyers in Love: 4 Couples Discuss Their Lifetime Partnerships - Law.com - February 12, 2010
In anticipation of Valentine's Day, Texas Lawyer talked to four married lawyer-couples to find out how they came to sign the ultimate contract with each other. Find out how things like bad restaurants and a high school debate team played parts in these legal love stories.

Cleary Advising Iceland in Ongoing Icesave Dispute - Law.com - February 12, 2010
On Tuesday, the government of Iceland announced it had hired Cleary Gottlieb to advise on a new round of negotiations with the U.K. and the Netherlands over losses suffered by Iceland's banks. The demise of the country's banking sector in late 2008 jeopardized the savings of foreign depositors and led the British government to freeze the U.K. assets of Iceland's second-largest bank, which had roughly 300,000 depositors in the U.K. and another 100,000 in the Netherlands.

$10.5 Million Accord Reached in Teen's Death at Juvenile Detention Center - Law.com - February 12, 2010
A $10.5 million settlement has been reached in a wrongful death suit brought by the mother of a Philadelphia 17-year-old who died in a Tennessee juvenile detention center after an incident in which two guards allegedly used an improper choke hold to restrain him. According to court papers, the death was the second at the Chad Youth Enhancement Center, a facility that had come under scrutiny by officials in several states for a series of incidents involving the alleged use of harsh treatment.

Ruling Possible This Month in Stanford Bankruptcy - Law.com - February 12, 2010
A federal judge said Thursday he will try to rule this month on whether to put jailed Texas financier R. Allen Stanford's businesses under bankruptcy protection. Stanford's empire was placed in the hands of a court-appointed attorney last year when he was charged with running a $7 billion Ponzi scheme. Now some of the allegedly jilted investors are asking a judge to turn the case over to a bankruptcy court, arguing their rights are better served through U.S. law than the decisions of a receiver.

Defense Attorney in Fatal Crash Case Wants Toyota Vehicle Re-Examined - Law.com - February 12, 2010
The attorney for a man imprisoned after a fatal car crash says he'll seek to have the man's Toyota re-examined in light of the automaker's recent recall over accelerator issues. Koua Fong Lee is serving eight years in prison for a high-speed crash in Minneapolis that killed three people in 2006. The earliest model involved in the recent Toyota recalls is from 2005.

Hong Kong Court Overturns 'Milkshake Murder' Conviction - Law.com - February 12, 2010
Barely a week after denying a feng shui master's claim to amultibillion-dollar fortune, the Hong Kong courts have ruled on anotherblockbuster case. On Thursday, Hong Kong's Court of Final Appealoverturned a murder conviction and ordered a new trial for Americanexpatriate Nancy Kissel, who killed her investment banker husband in2003. Prosecutors had charged that she planned the murder of her husbandby allegedly sedating him with a laced milkshake and then beating him todeath with a metal ornament.

Contract of Adhesion Claims Not Sticking in Federal Court - Law.com - February 12, 2010
In a growing trend, courts are refusing to let consumers out of arbitration clauses that include an opt-out provision that would have allowed the consumer to reject the clause within the first month or two of the contract. As the judges see it, such a contract cannot be deemed a contract of adhesion because the opt-out provision, if exercised, would allow the consumer to alter the terms. For banks and other regular targets of consumer suits, the rulings are paving the road from the courthouse to the arbitrator's office.

Senate Majority Leader Takes Swipe at ABA Over Judicial Nominee Evaluations - Law.com - February 12, 2010
Senate Majority Leader Harry Reid, D-Nev., on Thursday criticized the American Bar Association's process for evaluating federal judicial nominees, saying the ABA should not penalize a nominee for not having prior experience on the bench. "I think the ABA should get a new life and look at whether people are qualified, not whether they have judicial experience," he said at a meeting of the Senate Judiciary Committee. Attacking the judiciary as often out-of-touch, Reid even criticized judges' "robes" and "fancy chambers."

Legal Holds After 'Pension Committee' - Law.com - February 12, 2010
Understanding the gravity of Judge Shira Scheindlin's Pension Committee ruling is a first step toward meeting her litigation hold standards, a set of minimum standards that must be followed after an event triggers the duty to preserve evidence for litigation.

Conservative Judicial Group Moves Into Crisis Mode - Law.com - February 12, 2010
The Judicial Confirmation Network, which has been a significant conservative voice in recent Supreme Court confirmation battles, is expanding its mission and adding urgency to its name; it will now be called the Judicial Crisis Network. It will take on state as well as federal judicial battles and the Department of Justice, and issues relating to limited government, a fair judiciary and the rule of law. "The crisis of judicial activism has spread" to state courts, Executive Director Gary Marx said in an interview.

Fla. Ruling to Determine Fate of Thousands of Asbestos Cases - Law.com - February 12, 2010
Responding to a split between two appellate panels, the Florida Supreme Court on Wednesday stepped into a simmering dispute over a law meant to help courts manage a flood of asbestos litigation. The justices heard arguments for the first time on whether retroactive application of the law impermissibly interfered with pending lawsuits by setting a new medical threshold for people exposed to asbestos. With thousands of claims hanging in the balance, the high court is reviewing the dismissal of 13 cases.

Facebook Privacy Settlement Hits Bumps - Law.com - February 12, 2010
Lawyers pushing a Facebook privacy settlement are trying to fend off critics by suggesting in a Thursday filing that privacy organizations are raising objections because they didn't get a piece of the action. The groups, which have raised concerns that a new organization set up by Facebook to study online privacy won't be independent, say Internet users would be better served if the money was used to fund existing nonprofits already fighting the good fight.

General Counsel Smashes Bribery Ring at Own Company - Law.com - February 12, 2010
General counsel for high-risk companies who stay up at night worrying about bribery could take a page from Jay Dalton's playbook. The now-retired general counsel of Panama-based Willbros Group Inc., an international oil and gas pipeline company, not only helped find employees who were bribing foreign government officials to win contracts, he also stopped them from doing it, according to federal court documents.

Proposed Changes to Psychiatric Manual Stir Lawsuit Fears - Law.com - February 12, 2010
Employment lawyers are shaking their heads over this one: The American Psychiatric Association wants binge eating and excess gambling to be considered psychiatric disorders. The group has proposed that the problems be listed in the fifth edition of the Diagnostic and Statistical Manual of Mental Disorders, used nationwide to diagnose and treat mental disorders. Lawyers have plenty to say about the proposed disorders, which, some argue, could open the door for more disability suits in the workplace.

The 2010 Lateral Report: Company Town - Law.com - February 8, 2010
Before the market meltdown in the fall of 2008, Charlotte, N.C., was headquarters to the largest and third-largest banks in the United States measured by deposits -- Bank of America and Wachovia Corp. But in the last 18 months, the banks that used to be the biggest exclamation points in a booming regional economy became Charlotte's biggest question marks. As the banks go, so go their law firms. Last year there were cuts in 18 of the 21 Am Law 200 offices in Charlotte, and the cuts were deep.

CSX Chases Plaintiff Firm Over Asbestos - Law.com - February 8, 2010


In Surprise Move, Allen &Overy Plants Flag Down Under - Law.com - February 8, 2010
With its Monday announcement that it is opening offices in Sydney and Perth with 17 locally recruited partners, British legal giant Allen &Overy is clearly making a major push into Australia. The newly hired group counts 15 former partners of Australian firm Clayton Utz, and two from Freehills. The move by one of London's top corporate firms highlights the growing conviction among U.K. shops that Australia presents a potentially lucrative route into the expanding Asian markets.

Personal Injury Lawyer Charged With Tax Evasion - Law.com - January 29, 2010
A personal injury attorney who was arrested twice last year for allegedly stealing client funds is now facing tax charges. On Wednesday, Manhattan District Attorney Cyrus R. Vance Jr. announced that prosecutors have accused Marc A. Bernstein, formerly a name partner of Bernstein &Bernstein and the son of former Brooklyn Supreme Court Justice Aaron D. Bernstein, of evading about $220,500 in personal income taxes.

10 Tips for Lower-Cost Law Firm Marketing - Law.com - January 29, 2010
Last year was a tough year for most industries, and especially hard hit were law firms -- so it is no wonder marketing is also seeing significant cuts, notes consultant Jessica Sharp. But there's a silver lining, according to Sharp. This may be the best time to market your firm, and -- even better news -- it doesn't have to cost an arm and a leg (or rather an associate and an end-of-year bonus). She provides 10 marketing tips that you can start using now to help promote your law firm and generate business.

Practicing Law in the Era of Mandatory Retirement - Law.com - January 29, 2010
As a legal recruiter, Laurence R. Latourette has met a growing number of lawyers who are bumping up against their firms' mandatory retirement age but who are interested in continuing to practice law. And that trend will accelerate over the next five years, he notes, in part because about 60 percent of law partners are now 55 or older. Latourette discusses the current state of mandatory retirement policies at law firms, and how attorneys can help themselves to make a late career lateral move.

5th Circuit Upholds Texas' Wine Sales Method - Law.com - January 29, 2010
The 5th Circuit has sided with Texas in a dispute over buying wine and efforts to control its quality, allowing the state to continue regulating alcohol sales under its current system. The California-based Specialty Wine Retailers Association had challenged the Texas law to enable consumers to buy wine from out-of-state retailers.

Four Paul Hastings Partners Join Haynes and Boone - Law.com - January 29, 2010
Four real estate partners are leaving Paul Hastings to join the New York office of Haynes and Boone. The Dallas-based firm confirmed it had hired Kenneth Friedman, Robert Grados, Steven Koch and Walter Schleimer as part of what it characterized as a significant expansion of its East Coast real estate and finance practices. Haynes and Boone said more New York lateral hiring moves will be announced in the next several days. Koch was administrative head of Paul Hastings' real estate group.

Defense Takes Aim at Causation in HRT Opening Arguments - Law.com - January 29, 2010
The deceased plaintiff in a lawsuit alleging a Wyeth-made hormone replacement therapy drug caused her death from breast cancer has a surviving identical twin who has not had breast cancer. Both the plaintiffs and the defense attorneys sought to leverage to their advantage the fact that Cheryl Foust's twin sister, Carol, was present and in good health in a Philadelphia Common Pleas courtroom Wednesday during opening arguments in Foust v. Wyeth.

Former Judge of Pants Lawsuit Fame Takes Swipe at Federal Bench - Law.com - January 29, 2010
Roy Pearson Jr., the former administrative law judge who famously sued over a lost pair of pants, is now picking a fight with federal Judge Ellen Segal Huvelle, who tossed Pearson's suit for damages that targeted -- among others -- Washington, D.C., officials and judges. Pearson said in court papers that Huvelle should have recused from hearing the suit, citing Huvelle's "enthusiastic participation" in an "arm-in-arm 'sisterhood' photo" with Superior Court Judge Anita Josey-Herring, who is a defendant in Pearson's suit.

Investors' Suit Against Moody's, S&P Dismissed - Law.com - January 29, 2010
Moody's and Standard &Poor's are not liable for nearly $100 billion in losses allegedly incurred by a group of investors in mortgage-backed securities issued by Lehman Brothers, a federal judge has ruled, granting the rating agencies' motion to dismiss the investors' suit. The judge sided with Moody's and S&P, who said they were not liable under the Securities Act of 1933 as either underwriters or sellers.

Judge Tosses Remaining Broadcom Charges, Finds 'Serious Problems' in SEC Complaint - Law.com - January 29, 2010
A federal judge on Thursday dismissed drug charges against former Broadcom Chief Executive Officer Henry Nicholas and threw out a plea deal reached between prosecutors and a witness in a related stock-options backdating prosecution. In a related civil complaint, the judge gave the Securities and Exchange Commission seven days to file amended securities fraud charges against Nicholas and three other former Broadcom executives, telling an SEC attorney that he found "serious problems of proof" with the existing complaint.

Reed Smith Sees Profits Rise as Revenue Dips - Law.com - January 29, 2010
Reed Smith reached the $1 million profits per equity partner mark in 2009 with a 7 percent increase. Although revenues could have reached the $1 billion milestone with a mild rise, they instead dipped by 3.8 percent, to $942 million. Reed Smith managed the feat of raising profits on falling revenue by squeezing the traditional pyramid structure: While the equity partnership grew by 4 percent, the firm shrank the ranks of non-equity lawyers by nearly 6 percent, and staff by about 4 percent.

Who Told N.Y. Fed Lawyers to Keep AIG Details Secret? - Law.com - January 29, 2010
Wednesday's congressional hearing on the bailout of American International Group did little to answer a key question: Who ordered lawyers at the Federal Reserve Bank of New York to try to hide details of bailout payments? Given that committee members kept asking each witness that question during the hearing, it's presumably safe to assume that none of the thousands of pages of subpoenaed documents provided an answer. Numerous powerful individuals denied being involved in the secrecy decision.

Lawyers in Vioxx Case Hit With Negligence Lawsuit Over Alleged Paperwork Errors - Law.com - January 29, 2010
An Ohio man who accepted an approximately $100,000 settlement for his Vioxx personal injury claim has filed a negligence suit against three Houston firms and three Houston lawyers, alleging the defendants made paperwork errors in his case file that reduced the size of his settlement. Craig Pingle alleges that he should have received a settlement totaling more than $436,000.

Mass. Couple Sue Bank of America Alleging Erroneous Foreclosure Attempt - Law.com - January 29, 2010
Lawyers for owners of a mortgage-free Florida home that Bank of America attempted to foreclose on are bringing an arsenal of legal claims against the banking giant, ranging from obvious claims like conversion and trespass to more unexpected ones like defamation and libel. Massachusetts residents Charlie and Maria Cardoso claim in their suit that Bank of America intimidated the tenant living in their house into leaving and that the foreclosure attempt harmed their reputation with friends and family.

PACER: Picking Up the Pace? - Law.com - January 29, 2010
Judge John R. Tunheim thinks it fair to say that no court system in the world offers as many people as easy access to as many documents as is offered by PACER. Tunheim addresses questions that have arisen recently about the service's fee structure, functionality and privacy protections.

In Closely Watched Case, Calif. Court Dismisses Indie Rockers' Suit Over Magazine's Cigarette Ads - Law.com - January 29, 2010
Noncommercial speech doesn't lose its broad First Amendment protections even when it's tucked into a thicket of advertising, a California appellate court held Thursday. A unanimous three-justice panel dismissed a lawsuit against Rolling Stone brought by a class of indie rockers. Led by bands Xiu Xiu and Fucked Up, the plaintiffs accused the magazine of trading on the names of 186 groups listed in a five-page article to sell four pages of neighboring advertisements to R.J. Reynolds in the November 2007 edition.

EEOC: Kelley Drye Compensation System Discriminates Against Older Partners - Law.com - January 29, 2010
The Equal Employment Opportunity Commission sued Kelley Drye &Warren on Thursday for its use of a compensation system the agency claims discriminates against attorneys based on age. The EEOC claims Kelley Drye discriminated against labor and employment partner Eugene D'Ablemont, 79, and other partners by forcing them to give up their equity at 70 and earn less than younger attorneys in the firm with similar collections and billings. Kelley Drye's managing partner said the firm does not believe the suit has any merit.

3rd Circuit OKs Homeowners' Trespass Suit Against Google - Law.com - January 29, 2010
The 3rd U.S. Circuit Court of Appeals on Thursday revived a Pittsburgh couple's lawsuit against Google for allegedly trespassing on their property and posting photographs of their home and swimming pool on the "street view" portion of Google Maps. In the suit, Aaron and Christine Boring claim that their 1,000-foot private drive is clearly marked with a "No Trespassing" sign, but that a Google driver "disregarded" the sign and entered their property in a vehicle equipped with a panoramic camera.

LegalTech Descends on New York - Law.com - January 29, 2010
As improvements in information technology continue to impact e-discovery, online research, case and matter management, and time and billing software, lawyers are better equipped to render quality legal services, retain more clients, and master the business of law. What are the next improvements in IT for the legal profession? Law.com Technology Editor Sean Doherty previews the advances expected to share the spotlight at LegalTech New York, being held Feb. 1-3.

Supreme Court Stubs Out New York City Suit Against Online Cigarette Vendor - Law.com - January 25, 2010
The Supreme Court has ruled against New York City in its effort to use federal racketeering law to sue Internet cigarette sellers for lost tax revenue. By a 5-3 vote Monday, the court ended the city's lawsuit against Hemi Group, a New Mexico-based company that sells cigarettes online. New York taxes the possession of cigarettes but finds it difficult to collect those taxes from Internet sales. The city says it loses millions of dollars in tax revenues from online sales.

Judge OKs Suit Against Firm for YouTube Video - Law.com - January 25, 2010
A San Francisco Superior Court judge on Friday ruled that a Ropers, Majeski, Kohn &Bentley partner who uploaded a YouTube video reaching out to potential class action members can't use California's anti-SLAPP law to ward off a defamation suit. In denying anti-SLAPP motions by partner Thomas Clarke Jr. and his firm, Judge Harold Kahn reasoned that Clarke's allegedly defamatory YouTube comments against the maker of a dietary supplement amounted to an advertisement and thus fall short of being protected.

By Paring Back Pay and People, California Firms Held the Line on Profits - Law.com - January 25, 2010
Eyes fixed on costs, Northern California's leaner and meaner large law firms saw revenues, and profits, remain mostly flat in 2009. Firms nationwide laid off staff and associates, froze salaries, reduced partner pay, slashed summer programs, deferred first-year start dates and drove out underperforming partners last year. The tough management appears to have paid off on the bottom line. Gone are the days of double-digit increases. But gone too are rampant rumors about which firm might fail next.

Lawyer Allowed to Testify Against Former Employer in Arbitration - Law.com - January 25, 2010
A lawyer who spent 29 years in-house at Bear Stearns has been given the green light by a Manhattan judge to testify as an expert witness in an arbitration against his former employer. Lawyers for Bear Stearns had sought to block Raymond Aronson, a former senior counsel in the legal and compliance department, from testifying in an arbitration brought against the bank by Keefe, Bruyette &Woods over allegedly overpriced bonds sold by Bear Stearns' hedge funds nearly three years ago.

Judge OKs Auction of Defunct Rothstein Firm's Furnishings - Law.com - December 29, 2009
Disgraced lawyer Scott Rothstein's office furniture, Oriental rugs and some personal effects from his former firm's four offices will be sold to the highest bidder at an auction Jan. 23 in Florida. U.S. Bankruptcy Judge Raymond B. Ray approved a request by the firm's bankruptcy trustee to allow Fisher Auction to sell everything inside the office of Rothstein Rosenfeldt Adler. The auctioneer plans to market the auction nationally and assumes many will come "just to gawk."

Recruiters Predict Busy Year in Lateral Market - Law.com - December 29, 2009
After a rough 2009 for most law firms, partners are busy behind the scenes checking out their options, according to recruiters Stacy Miller Azcarate and Avis Caravello. Many partners were jockeying in 2009 to make sure they were paid what they deserved, said Caravello. "The focus on the compensation, 'If I don't get X,' was really heightened this year, because there's less to go around," she said. "Anybody who has been waiting to make a move will be ready once they know where the numbers are," said Azcarate.

Judge Accepts Censure for Promoting Recusal as 'Weapon' Over Pay - Law.com - December 29, 2009
New York Judge Larry M. Himelein has accepted censure for trying to organize other judges to recuse themselves from cases involving the law firms of legislators who have denied New York's judiciary a pay raise since 1999, a judicial conduct commission said Monday. The commission's ruling said Himelein aggravated his conduct by writing e-mails to other state judges in which he mocked judges who declined to recuse themselves, calling them "wusses" and "wimps" and telling them to "grow some stones."

Accused of Bribing Judges, Disbarred Lawyer Pins Hopes on 'Honest Services' Case - Law.com - December 29, 2009
Disbarred lawyer Paul Minor and two judges he's accused of bribing hope an unrelated case before the U.S. Supreme Court will help them get out of prison. A recent hearing before the U.S. Supreme Court has many legal experts believing the high court is poised to strike down an "honest services" statute, which makes it illegal for public officials to fraudulently deprive constituents of honest services. Some observers say such a decision would help Minor and former Judges Wes Teel and John Whitfield.

Lawyer's Misconduct Costs Him Any Share of $1.2 Million Fee - Law.com - December 29, 2009
A maritime lawyer's misconduct, including his flight from New York to avoid arrest on contempt charges, has disqualified him from sharing in a contingency fee for work performed prior to his disbarment, a federal bankruptcy judge ruled last week. Disbarred lawyer Kenneth Heller's refusal to turn over files in a matter that ultimately was resolved with a $3.7 million settlement was "symptomatic" of a 24-year record of "utter contempt for the judicial system," Judge Stuart M. Bernstein wrote.

DLA Piper Launches Third Round of Middle East Layoffs - Law.com - December 8, 2009
DLA Piper has made a new round of job cuts in the Middle East, announcing Monday that it is to lay off another 9 percent of staff in the region in response to continued deterioration in the market. The latest round of cuts equates to seven lawyers and 10 support staff losing their jobs. The firm did not provide a breakdown of the job losses but said the majority of the layoffs were in Dubai and affected the construction, real estate, project finance and development projects teams.

Lawyer Named in N.Y. Pension Probe Files Federal Civil Rights Lawsuit - Law.com - December 8, 2009
A New York lawyer has filed a federal civil rights suit accusing the state comptroller of illegally depriving him of his public retirement benefits and damaging his reputation by portraying him as a pension cheat. Albert A. D'Agostino, one of the attorneys involved in pension fund investigations by the comptroller and state AG, argues that he should get compensation based on a state court judge's earlier determination that his due process rights were violated when his pension was rescinded without a pre-deprivation hearing.

AIG's Top Lawyer Tells Pay Czar 'Hands Off My Paycheck' - Law.com - December 8, 2009
In another dust-up in American International Group's battle with the government over executive pay, The Wall Street Journal reported Monday that GC Anastasia Kelly and four other high-ranking executives had written notices that they would resign by the end of the year if the government significantly cut their compensation. An AIG spokesperson, however, said the executives never threatened to resign. Rather, they had written the notices in an effort to protect their executive severance packages.

Dell Pays $40 Million to Settle Securities Fraud Class Action -- After Case Was Dismissed - Law.com - December 8, 2009
Winning a motion to dismiss doesn't always mean you've won the case. A month after asking the 5th U.S. Circuit Court of Appeals to affirm the dismissal of a 2007 securities class action, Dell agreed to settle the case for $40 million. The timing of the settlement raises questions about how Dell thought the 5th Circuit would rule -- and based on what the shareholders' lawyers said about oral arguments, Dell had good reason to worry the case would be revived.

Mistrial in Case of Blogger Accused of Threatening Judges - Law.com - December 8, 2009
A New York federal judge has declared a mistrial in the prosecution of Harold "Hal" Turner, the New Jersey blogger accused of threatening to kill three federal appellate judges in Chicago. With the jury deadlocked 9-3 in favor of acquittal after two days of deliberations, visiting U.S. District Court Judge Donald Walter ordered a new trial for March 1. Speaking with reporters after the jury was dismissed, one of the jurors blamed the deadlock on the prosecution.

Craigslist, eBay Face Off in Closely Watched Trial - Law.com - December 8, 2009
A Delaware judge began hearing testimony Monday in a corporate governance battle between two online titans. EBay claims when it bought a minority ownership stake in Craigslist, it was promised a board seat and expected to work together toward a merger. Instead, eBay claims, Craigslist tried to dilute eBay's stake. But Craigslist's lawyers set out Monday to show eBay had engaged in deceptive acts by hiding a plan to launch a competing classified site and misusing confidential information gleaned from dealings with Craigslist.

Five Things I Would Change About My Job - Law.com - December 8, 2009
"As I rub the toner buildup off the copy machine glass, a genie will arise from the document feeder before my eyes," says The Assistant-at-Law. "He'll sneeze out a puff of black toner dust, thank me for freeing him from his allergenic prison and offer to grant five work-related wishes."

Supreme Court Likely to Leave Accounting Oversight Board as Is - Law.com - December 8, 2009
The U.S. Supreme Court appeared inclined to leave well enough alone Monday and not tinker with the structure of an accounting oversight board created by the Sarbanes-Oxley Act of 2002. Congress created the Public Accounting Oversight Board in the aftermath of the Enron and WorldCom accounting scandals, giving the board broad and independent power to regulate accounting firms, which had been self-regulated before. The suit challenges the board's constitutionality as too insulated from presidential power.

Compare PowerPoints With Workshare - Law.com - November 30, 2009
Love it or hate it, Microsoft PowerPoint has infiltrated law firms and become a tool for creating everything from courtroom presentations to client pitches. More often than not, a PowerPoint project is a group effort, edited, revised and reviewed by several people. IT writer John K. Waters shows you how to compare different versions of PowerPoint slides with Workshare Compare.

N.Y. Court Rules Class Can Seek to Recover Funds in Philippine Abuse Case - Law.com - November 20, 2009
Despite a U.S. Supreme Court decision reaching the opposite result in a similar case, a state judge in Manhattan has ruled that a 10,000-member class can seek to recover $35 million being held in New York by Merrill Lynch to satisfy a $2 billion judgment it won in 1996 as compensation for human rights abuses committed by former Philippine President Ferdinand Marcos. "The Supreme Court's interpretation of federal procedure, while informative, is not binding on New York courts," the judge wrote.

Holiday Parties: Keeping Expenses Low and Deductibility High - Law.com - November 20, 2009
The economy isn't giving us a lot to cheer about this holiday season ... and it could get worse. This year, it appears more companies are saying no to an annual tradition: the office holiday party. But attorney Kelly Phillips Erb notes that not only are holiday office parties a good way to say thank you to employees -- they may also bring tax benefits to the firm as well as employees. Phillips Erb discusses some of the things to keep in mind if law firms want to take advantage of those benefits.

Navigating Big Law's Complicated Power Structure - Law.com - November 20, 2009
Big Law is governed by many unspoken social rules, says The Snark, and what is acceptable behavior often depends on where you fall in the Big Law hierarchy. The Snark, no anthropologist, nevertheless attempts to provide some meaningful guidance on the basic power structure and how it plays out in specific situations. A good rule of thumb is that Power Partners at the top can do whatever they want. The rest just need to pay attention and follow the example of those who have survived and are upwardly mobile.

N.Y. Judges Stake Out Narrow Grounds in Upholding Same-Sex Benefits - Law.com - November 20, 2009
The New York Court of Appeals affirmed on Thursday the recognition of same-sex marriages by a county executive and a state agency, but by a bare 4-3 margin declined to extend full New York recognition to such marriages contracted in other states and countries where they are legal. The dissenting judges wrote that the ruling would "permit an unworkable pattern of conflicting ... directives."

Survey Finds Revenue, Profits Down at Law Firms - Law.com - November 20, 2009
During the third quarter of this year, gross revenue among law firms industrywide fell by 6.9 percent and net income by 6.1 percent, according to a new survey by Wells Fargo Corp.'s Wachovia Legal Specialty Group. "What that tells you is there is going to be a lot more riding on the fourth quarter," said Jeff Grossman, national managing director at Wachovia. The survey was of 131 firms nationally, 50 percent coming from the Am Law 100 and with at least 10 in each region of the country.

Ditching the Billable Hour: 'Everyone Wants to Do It' - Law.com - November 20, 2009
More companies are paying their outside counsel off the clock, according to the Hildebrandt 2009 Law Department Survey. Just over half of the 231 companies surveyed said they either have started or will start negotiating non-hourly billing arrangements with their outside counsel. The results weren't surprising to Lauren Chung, director of Hildebrandt's law department consulting practice and the survey's editor. "Everyone wants to do it," she says. "But the question is: to what extent?"

DOJ Targets Pharmaceutical Industry for FCPA Enforcement - Law.com - November 13, 2009
The Justice Department is planning to focus more criminal enforcement on the pharmaceutical industry's interaction with foreign officials, the head of the department's Criminal Division warned on Thursday. Assistant Attorney General Lanny Breuer, addressing the 10th Annual Pharmaceutical Regulatory and Compliance Congress and Best Practices Forum, said the application of the Foreign Corrupt Practices Act to the pharmaceutical industry will be pushed "in the months and years ahead."

'MLF 50' Rankings Suggest Marketing Is Key for Law Firm Business Development - Law.com - November 13, 2009
We've heard about the layoffs, the push-back dates for incoming associates and the administrative cuts law firms are facing. The good news is that firms are figuring out they need to market themselves and communicate in a way that protects their existing client base while seeking out new business. As Marketing The Law Firm newsletter's 'MLF 50' research results show, at long last, marketing and communications are becoming key indicators by which firms measure their success ratios.

Defense Wins Trial Over Railway Accident at General Mills Plant - Law.com - November 13, 2009
After a Georgia man had both his legs partially amputated as a result of a railroad car accident, he filed suit in federal court. One defendant, the owner of the railroad car that ran over the plaintiff, settled for undisclosed terms in the midst of a deposition. But the railroad, CSX Transportation, went to trial last month. The railroad may have made the right decision. Attorneys for CSX last month secured a defense verdict for their client after a week-and-a-half-long jury trial with some unusual aspects.

Are You Being Foolishly Loyal to Your Law Firm? - Law.com - November 13, 2009
Loyalty is not just owed or pledged to a firm or company, which many people reflexively proclaim as an absolute, writes consultant Frank M. D'Amore. Rather, it is similarly owed to family members, clients and, perhaps most importantly, yourself. D'Amore discusses what could be called foolish loyalty, where attorneys with good practices stay at firms that are showing the telltale signs of likely extinction or extended stays on life support, or attorneys stay despite having obviously outgrown their firms.

Calif. State Bar Sets Vote on Advance Conflict Waivers - Law.com - November 13, 2009
California State Bar governors face the difficult task this week of deciding whether to approve 45 changes in the Rules of Professional Conduct, including an especially controversial one that would let lawyers seek advance conflict-of-interest waivers from clients. The waiver proposal is one of seven of the 45 amendments the State Bar dubs "very controversial." Many of the more contentious changes aren't sitting well with lawyers, who have sent in more than 1,000 pages of comments.

Widower Wins $6 Million in Med-Mal Trial - Law.com - November 13, 2009
The husband and estate of a woman who developed blood clots and died shortly after undergoing outpatient knee surgery have been awarded more than $6 million. Lawyers for the plaintiffs said the surgeon ignored several risk factors that should have indicated that blood clotting could be a problem and did not observe post-surgery precautions that could have prevented it from occurring. The defense had argued that the type of surgery Ruby Quarles underwent did not normally require any such precautions.

Case Tests Level of Proof for Excluding Coverage for Drug-Related Injuries - Law.com - November 13, 2009
A son's wild party while his parents were out of town has presented the New Jersey Supreme Court with a novel insurance question: What proof of drug ingestion must there be for the homeowner's policy's exclusion for injuries arising out of illegal drug use to apply? The family's homeowner's carrier asked to be released from providing a defense and indemnification after a party guest sued the host, alleging that his delay in calling for help exacerbated the consequences of her drug overdose.

After 18 Years in Prison, Man's Murder Conviction Is Upset - Law.com - November 13, 2009
A man has been imprisoned for 18 years for a murder he did not commit, a judge in Manhattan found Thursday. Acting Supreme Court Justice John A. Cataldo ruled that Fernando Bermudez had proven by clear and convincing evidence that he was actually innocent of a 1991 murder. Cataldo is the third trial court judge in New York to recognize "actual innocence" as an independent ground under the state's constitution for granting habeas corpus relief from a prior conviction.

Domain Name Auction Company Sued Over Sham Bids - Law.com - November 13, 2009
A Florida resident is suing Internet domain name auction company SnapNames.com Inc. in state court following the company's admission that an employee secretly participated in the company's auctions. The class action claims that legitimate bidders overpaid, and the company unfairly profited, because of the employee's actions. "This is an industry begging for transparency. Right now you don't know who you're bidding against," said Santiago Cueto, the brother of plaintiff Carlos Cueto.

Ga. Judge Holds DA in Contempt for Back Hallway Confrontation - Law.com - November 13, 2009
A disagreement between a Georgia judge and a senior assistant prosecutor erupted on Thursday into a heated confrontation in a courthouse hallway between the judge and the district attorney. The judge said after he ordered the senior assistant DA arrested for failing to pay a fine for a contempt finding, the DA "walked up to me, within [a] 1/4 inch of my face, and shouted that I was making a mockery of the judiciary." The judge described the "ruckus in the back hallway" in an order holding both prosecutors in contempt.

Patentable Subject Matter After 'Bilski' - Law.com - November 13, 2009
While we eagerly wait to see how the landscape of patent law will shift after the Supreme Court decides Bilski, attorneys David A. Kalow and Milton Springut compare Bilski with a recent Federal Circuit decision to address just what is patentable subject matter.

Feds: Fla. Attorney Rothstein's Alleged Fraud Could Hit $1 Billion - Law.com - November 13, 2009
An alleged investment fraud operated by disgraced Florida attorney Scott Rothstein could mount to $1 billion and involve thousands of victims, the FBI said Thursday. In a rare outreach effort, the FBI and Internal Revenue Service issued a public plea asking fleeced investors to come forward. John V. Gillies, the FBI chief in Miami, emphasized the venture was "not a one-man show." The investigation has brought down the operations of Rothstein's law firm, Rothstein Rosenfeldt Adler.

The Issues in Moving From Law Firm Lockstep to 'Levels' Compensation - Law.com - November 6, 2009
Law firms are changing the way they hire, evaluate, develop, promote and pay their associates, says consultant Larry Richard. Case in point: the accelerating interest among law firms in moving from the traditional lockstep to a more performance-based "levels" system of compensation. Richard notes that for a levels system to work, a firm needs both well-functioning infrastructure systems and a widely held perception that the systems are fair and accurate. He discusses the major organizational changes required.

France Plans to Cut Powerful Judges Down to Size - Law.com - November 6, 2009
France's investigating judges are a powerful lot: They can order phone taps and home searches, interrogate terrorists and bring down politicians. Now, one has even ordered former French President Jacques Chirac to stand trial. But those sweeping powers may soon end. President Nicolas Sarkozy's government is drawing up a reform plan to do away with investigating judges, a two-century-old Napoleonic legacy, and give more power to prosecutors.

Disbarred Attorney Pleads Guilty to Guardian Account Thefts - Law.com - November 6, 2009
A former Brooklyn, N.Y., lawyer has pleaded guilty to fleecing millions of dollars from guardianship accounts he oversaw for incapacitated seniors and children. Steven T. Rondos and his law firm, Raia &Rondos, were indicted in January on money laundering and grand larceny charges for stealing more than $4 million. On Wednesday, Rondos pleaded guilty to all 19 counts of the indictment, according to his lawyer.

Day Pitney Makes New Round of Cuts - Law.com - November 6, 2009
Day Pitney has laid off 29 staff members across eight of the firm's nine offices stretching from Boston to Washington, D.C. In February, Day Pitney let go of 66 staff members firmwide, and in May, the firm dropped 20 lawyers.

Law Schools Help Extend U.S. Supreme Court Database to 1792 - Law.com - November 6, 2009
A group of law schools will help expand an online U.S. Supreme Court database so that it reaches back to the court's first recorded decision in 1792. The schools received an $874,000 National Science Foundation grant to begin the four-year project, which will add 19,675 cases to a database that now extends from the Court's 1953 term through 2008. The group will post 4,400 cases by next summer and add more in installments each year.

Defense Lawyers Seek to Exclude Uncharged Conduct in Case of Murdered Lawyer - Law.com - November 6, 2009
Prosecutors have said repeatedly that Robert Wone, former GC at Radio Free Asia, was tortured and sexually assaulted the night his body was found in 2006 in the Washington, D.C., home of an Arent Fox litigation partner. But the defendants are charged with conspiracy, evidence tampering and obstruction of justice -- not murder or sex crimes. Now, lawyers for Joseph Price, Victor Zaborsky and Dylan Ward have filed court papers saying government attorneys should be forbidden to say anything about torture and sexual abuse.

Law School Professor Withdraws Suit Against Legal Blog - Law.com - November 6, 2009
A law school professor has withdrawn a suit accusing legal blog Above the Law of publishing a "viciously racist series of rants" after reporting his arrest for suspicion of soliciting prostitution. David Lat, the blog's managing editor, declined comment Thursday, but on Wednesday he wrote that there had been no settlement and that the posts Donald Marvin Jones complained about will remain on the site. Lat offered to let Jones make his case on Above the Law, but there was no word from Jones on that front as of Thursday.

Expect Calif. Same-Sex Marriage Case to Stay Two-Party Affair - Law.com - November 6, 2009
Try as they might, lawyers from one anti-gay rights organization just can't get any love from judges in California. After being barred from intervening in the federal challenge to Proposition 8, the state's ban on same-sex marriage, the Campaign for California Families tried its luck Wednesday with the 9th U.S. Circuit Court of Appeals. But a conservative panel didn't appear any more likely to let the group into the case.

N.Y. Woman Arrested for Threatening Judge - Law.com - November 6, 2009
A woman has been arrested for repeatedly harassing and threatening the New York judge who has been presiding over her divorce proceeding. According to court records, Supreme Court Justice Jeffrey Sunshine initiated the action against Cheryl Uzamere after she left 10 voice messages and sent three faxes to his chambers, containing such threats as "You're going to pay for what you've done" and that "the battle was to the death."

D.C. Court of Appeals Resurrects Cell Phone Radiation Cases - Law.com - November 6, 2009
The D.C. Court of Appeals last week revived a series of lawsuits by individuals who say they were harmed by cell phone radiation, adding yet another wrinkle to a debate within U.S. courts over whether national regulations trump state laws when it comes to issues surrounding cell phone safety. The decision gave both sides of the case fodder to declare victory -- but some lawyers said the ruling could lead to the filing of even more suits against cell phone companies in Washington's trial court.

Automating BlackBerry Support Across IT - Law.com - November 6, 2009
Faced with the prospect of recurring smartphone service issues, Caldwalader's IT department searched for technology to manage, monitor and support its global BlackBerry environment. After a competitive review, the firm selected BoxTone's modular software platform.

Fla. Firm's Attorneys Rally Their Defenses as Partner Faces Fraud Allegations - Law.com - November 6, 2009
The downfall of one-time power broker Scott Rothstein amid an alleged fraud that investors say cost them at least $400 million is generating new business for lawyers all over South Florida -- and some of that business is coming from attorneys with the Rothstein Rosenfeldt Adler law firm. Said well-known criminal defense attorney Fred Haddad, who has been retained by name partner Russell Adler, "Innocent people need a lawyer more than guilty people in something like this."

Expanding Insider Trading Probe Nets Lawyers - Law.com - November 6, 2009
Two lawyers were among several people arrested Thursday in a rapidly expanding hedge fund insider trading scandal. Arthur J. Cutillo allegedly gave information about mergers and acquisitions he gleaned as an associate at Ropes &Gray to Jason Goldfarb, an associate with the personal injury firm Brecher Fishman Pasternack Walsh Tilker &Ziegler. Prosecutors said that Goldfarb then passed the tips to the head of a ring who based trades on the information.

Testing the Scope of BofA's Privilege Waiver - Law.com - November 6, 2009
A group of plaintiffs lawyers is testing whether Bank of America's waiver of attorney-client privilege in the Merrill Lynch flap might apply to shareholder suits against BofA related to its merger with Merrill. The bank intended the waiver to apply only to the SEC case and to investigations by New York's attorney general and a congressional committee. But the waiver may not have been crafted correctly, leaving an opening for plaintiffs firms to go after privileged documents in their own cases against BofA.

Reaction to UBS Debacle: Tough New Foreign Tax Laws - Law.com - November 5, 2009
In the wake of the UBS tax evasion debacle, a bill combining proposals from the U.S. House, the Senate and the Obama administration is getting attention in legal and financial circles for the effects -- some unintended -- the legislation could have as it attempts to prevent the use of overseas accounts to hide taxable assets. The Foreign Account Tax Compliance Act of 2009 would provide the Treasury Department with significant new tools to find and prosecute Americans who hide assets overseas from the IRS.

Full-Service Practices Aren't Just for Megafirms - Law.com - October 30, 2009
As smaller firms have become increasingly specialized, is there still something to be said for housing a diverse array of practice areas under one small-to-midsize roof, especially following a year of economic turmoil? The heads of many of Pennsylvania's small and midsize general practice firms certainly think so. It's true smaller general practice firms can't satisfy every need of every type of business, they say, but they can offer businesses of all sizes an array of affordable services.

Task-Code Billing: How to Drive Big Law Counsel Insane - Law.com - October 30, 2009
Cost-conscious Big Law clients want more bang for their buck these days, like the legal fee equivalent of 20 percent more Fritos for free, notes the Snark. One way to get it is through a system called "task-code billing." The Snark is confident this system saves clients some money because it makes the timekeeper self-conscious about everything they do and every second they spend doing it, probably yielding some freebies for clients. Just for fun, the Snark imagines coding some non-work activities.

N.Y. Bid for $15 Million Fee Against Tobacco Giant Ruled Excessive - Law.com - October 30, 2009
A Manhattan judge has rejected New York state's bid to collect $15 million from R.J. Reynolds Tobacco Co. for allegedly violating a 1998 settlement agreement prohibiting the use of cartoons and non-tobacco-related merchandise to sell cigarettes. At issue was a 2007 nine-page ad for independent music that depicted "flying radios with propellers" and a tractor "made of film reels" in Rolling Stone magazine.

Cancer Patients Seek to Overturn Ban on Paying for Bone Marrow - Law.com - October 30, 2009
Prohibiting someone from making money for donating an irreplaceable kidney is one thing. But what about donating bone marrow, which replenishes itself within weeks? That question is at the heart of a new lawsuit challenging the constitutionality of the National Organ Transplant Act of 1984. Citing a "desperate shortage of unrelated marrow donors," patients and health care advocates are suing U.S. Attorney General Eric Holder Jr. to enjoin enforcement of provisions that criminalize the compensation of donors.

Plaintiffs Attorney John M. O'Quinn Remembered as Being 'Bigger Than Life' - Law.com - October 30, 2009
News spread fast through the legal community about the death of plaintiffs attorney John M. O'Quinn, named one of the "100 Most Influential Lawyers in America" by The National Law Journal in 1997. Known for winning billions of dollars in verdicts against makers of breast implants and tobacco products, O'Quinn, 68, died Thursday in a car accident. A longtime partner remembered O'Quinn as being much like Houston, "the city that created him," adding that O'Quinn "thought there was nothing he couldn't do."

Pa. Justices Expunge 'Tainted' Juvenile Cases - Law.com - October 30, 2009
The Pennsylvania Supreme Court has issued a sweeping order vacating nearly all of the records for juveniles who appeared before a former Luzerne County judge, criticizing former Judge Mark Ciavarella Jr. for running a courtroom with "a disturbing lack of fundamental process, inimical to any system of justice." Ciavarella and another judge have been charged with taking $2.8 million in kickbacks from a former owner and the builder of two juvenile detention centers to which Ciavarella had sentenced children.

Ariz. Supreme Court Sees the Metadata - Law.com - October 30, 2009
Should metadata be considered a public record like most other government documents? Yes, said the Arizona Supreme Court, overturning a lower court decision that denied a police officer access to performance reviews, written by his superiors, to find out who accessed the documents when.

Survey: 'Find a Lawyer' Sites Not Rating Well - Law.com - October 30, 2009
Only a quarter of in-house lawyers now use online information-sharing sites to evaluate and select lawyers and law firms, according to a recent survey by LexisNexis Martindale Hubbell. What's more, in-house counsel are not yet convinced that such sites would help them hire lawyers.

Kaye Scholer's Deferred Lawyers to Work on Pro Bono at Firm - Law.com - October 30, 2009
Kaye Scholer plans to split up its incoming first-year deferred associates, with half working on pro bono work for a reduced salary. The 500-lawyer firm had already delayed start dates for its 40 incoming associates to January. Now, 20 of the new lawyers will work in its pro bono program at the firm for a $60,000 salary, managing partner Barry Willner said Thursday.

Judge Rules FTC Cannot Make Lawyers Comply With Identity Theft Laws - Law.com - October 30, 2009
The Federal Trade Commission cannot force practicing lawyers to comply with new regulations aimed at curbing identity theft, a federal judge ruled Thursday. The decision offers a reprieve to law firms across the country, which faced a deadline this weekend to put in place programs to meet so-called "Red Flags Rule" requirements, which would have forced firms to verify the identities of potential clients. The American Bar Association had argued that the rules would impose a serious burden on firms.

Lawyers Vexed by New Law Barring Up-Front Fees for Mortgage Modification Work - Law.com - October 19, 2009
Backers of a new California law that bars mortgage modification services from charging up-front fees say the rules will put scam artists out of business. But real estate attorneys say the new rules have created a host of unanswered questions and wonder whether the regulations will really just drive honest attorneys out of the practice. Said one: "I think you're going to see a lot of lawyers not doing this anymore. It's just not worth it."

Lawyer Facing Possible Discipline Digs Hole a Little Deeper - Law.com - October 19, 2009
Faced with the prospect of harsh discipline from the 9th U.S. Circuit Court of Appeals, well-known plaintiffs lawyer Walter Lack attempted the following play on Thursday: Convince three judges that his misconduct wasn't intentional, even though he signed a document admitting it was. Rather than helping his cause, the panel appeared to think Lack was dodging responsibility. Lack may have actually aggravated his situation by appearing in person, said one judge.

11th Circuit: Don't Break the Law to Comply With It - Law.com - October 19, 2009
Arguing that you broke the law to comply with it is apparently not the way to win an argument before the 11th Circuit. In a tart opinion, the court said a debt collector could not defend itself by saying it acted in good faith when it intentionally violated one requirement of the Fair Debt Collection Practices Act so that it wouldn't run afoul of another provision. The court compared the debt collector's logic to the "oft-repeated statement from the Vietnam War," that "we had to destroy the village to save it."

Tales of the Recession's Effect on the Legal Profession - Law.com - September 29, 2009
This is the year the recession hit the legal profession. Lawyers and support staff were cut by the hundreds. Law firms went belly up. Court dockets burst with foreclosures and bankruptcies while budgets everywhere went bust. Buried under the statistics are those most affected by it all: the overworked judge, the unemployed paralegal, the laid-off associate and the law firm manager. The National Law Journal talked to people across the profession to find out how the downturn changed their lives.

Townsend to Cut Pay, Go Off Lockstep - Law.com - September 29, 2009
Townsend and Townsend and Crew has announced it will reduce the pay scale for attorneys in 2010, which includes cutting first-year associate salaries from $160,000 to $145,000. The 200-lawyer firm also said that it would ditch lockstep compensation altogether in 2011 and move to merit-based pay, a system popularized by national intellectual property firm Howrey. Townsend is exclusively an IP firm. The latest move shows that the once-abundant supply of patent litigation is drying up in the recession.

Lawyers Wrangle Over N.J. Venue for Taiwan Magnate's $10B Estate - Law.com - September 29, 2009
Lawyers are preparing for battle in Essex County, N.J., over whether the $10 billion estate of Taiwanese industrialist Wang Yung-Ching, who died last year, should be administered in New Jersey, and which law should apply. The case involves not only extensive financial and commercial holdings, but also an extended-family relationship that includes a widow, two putative secondary wives -- who under Taiwanese law would share in the estate -- and nine children, all of whom have lawyered up.

Jury Awards Plaintiff $9.5 Million for Permanent Damage From Erectile Dysfunction Treatment - Law.com - September 29, 2009
A Georgia jury found in favor of a man who sued an Atlanta men's clinic after its erectile dysfunction therapy caused permanent damage to his penis, awarding him $750,000 in compensatory damages and $8.5 million in punitive damages. W. Fred Orr II, attorney for plaintiff John Henry Howard, called Howard "the most courageous client" he's ever had. "He was willing to take the stand and testify in an open courtroom about his private life," Orr said.

Texas Financier Stanford Reportedly Injured in Jail Fight - Law.com - September 29, 2009
Texas financier R. Allen Stanford, who faces federal criminal charges related to an alleged conspiracy to defraud investors, was in a jail fight Thursday that left him with two black eyes and a broken nose, his attorney told The Associated Press. The day after the fight, a federal judge ordered that Stanford be transferred from his current detention in Conroe, Texas, to a Houston facility no later than this Thursday, to allow him to "prepare his defense." Stanford had requested the move in a Sept. 21 court filing.

N.Y. High Court Considers Removal of 2 State Judges Who Are Brothers - Law.com - September 11, 2009
An attorney for the New York Commission on Judicial Conduct faced close questioning Wednesday from members of the state Court of Appeals on whether the tangled finances and incomplete financial reporting of two state judges who are also brothers warrants their removal from the bench. The judges seemed through their questioning to suggest that the issue of whether either brother committed deliberate misconduct is less clear than the commission had concluded when it recommended their removal earlier this year.

Solo Comes Through Loud and Clear as Talk Show Host - Law.com - September 11, 2009
Three years ago, after being worn down by a caseload of contentious divorce cases, Lisa Wexler began looking for a job that better fit her personality. She was in the car one day listening to talk radio, when the idea sparked in her head. "I decided I could do better than what I heard," said Wexler, who is a solo practitioner in Connecticut. Today, Wexler is the host of the "Live With Lisa" talk show, which she describes as "a bridge between [National Public Radio] and commercial radio."

Reality's Knocking as Law Schools Provide More Practical Training - Law.com - September 11, 2009
The movement to incorporate practical skills into legal education isn't new, but legal educators and researchers report that the floundering economy is increasing incentives for law schools to revamp their curricula to prepare students for the realities of the legal profession. One of the boldest moves? Washington and Lee University School of Law has thrown out its traditional third-year curriculum and replaced it with a series of legal simulations meant to prepare students to practice law in the real world.

Habeas Petition Claims 'Survivor' Show Winner's Imprisonment Is Unconstitutional - Law.com - September 11, 2009
Lawyers for "Survivor" show winner and "naked guy" Richard Hatch say he's being unconstitutionally held in prison because federal rules limiting prisoners' media contact do not apply to prisoners in home confinement. The lawyers say the U.S. Bureau of Prisons threw Hatch into solitary confinement last month because he criticized the government in television interviews conducted during his home confinement for a tax-evasion conviction.

Court Orders Canada's Largest Law Firm to Produce Confidential Data - Law.com - August 26, 2009
Canada's largest law firm is facing a Sept. 7 deadline to produce reams of confidential financial data on the compensation of partners, associates and staff. The court order stems from a sexual discrimination suit filed by a former partner against 650-lawyer McCarthy Tétrault in April 2008. Canadian publication Lawyers Weekly reports that the order is believed to be the first time that a major Canadian firm has been ordered to provide so much private firm information.

Ruling in Favor of Law Firm in Pregnancy Discrimination Case Analyzes Rare Points of Law - Law.com - August 26, 2009
More than a year after the EEOC accused the law firm of Frederick J. Hanna &Associates of discriminating against a pregnant employee, a federal judge has granted summary judgment in the firm's favor. At issue in the court's report and recommendation were points of law not usually present in a pregnancy discrimination case, including an analysis of a non-traditional formulation of how a plaintiff may establish a prima facie case of discrimination and a discussion of the "cat's paw" theory of imputed discriminatory intent.

Small Firm's Good Deed of Hiring Former Client Goes Punished - Law.com - August 26, 2009
Note to legal staffers: Do not steal money from judges. Note to law firms: Do not hire legal staffers you have defended in court for stealing money from judges. A small Virginia law firm, Jessee &Read, learned that second lesson the hard way after a legal secretary stole more than $42,000 from the firm while on probation for stealing from a judge months earlier. The secretary was sentenced to three years in prison on Aug. 18 after pleading guilty in June to mail fraud and felony money laundering.

Laid-Off Lawyers Struggle in Establishing Their Own Firm - Law.com - August 26, 2009
This winter, Scott Jaffe, Paul Roberts and Ross Schiller had an idea that could only have come out of the recession: a law firm staffed by laid-off lawyers. The trio planned to open a boutique firm in Manhattan that specialized in finance, commercial law and bankruptcies. They bought computers, distributed marketing materials and signed up a few clients. But by July, Jaffe, Roberts &Schiller was dead. Schiller was out, and Jaffe and Roberts were cutting a deal to combine with another start-up firm.

Federal Judge Questions DOJ Motivation to Dismiss Cross-Border Drug Case - Law.com - August 26, 2009
A federal judge in Washington, D.C., is questioning the government's motivation behind its move to dismiss the drug trafficking conspiracy charge against an international pharmaceutical businessman wanted for prosecution in Mexico. At a status hearing Tuesday in the government's case against Zhenli Ye Gon, Judge Emmet Sullivan of U.S. District Court for the District of Columbia directed DOJ prosecutors to address in a brief how the government may benefit from dismissal of the case without prejudice.

LCD Screen Manufacturer Agrees to $26 Million Fine in Antitrust Litigation - Law.com - August 26, 2009
A Japanese manufacturer of LCD screens has agreed to plead guilty and to pay a $26 million criminal fine for its role in a conspiracy to fix prices of panels Motorola used in "Razr" cell phones, marking the latest corporate defendant to settle with the Justice Department in a long-running antitrust investigation. The ongoing antitrust investigation has generated more than $600 million in criminal fines against other manufacturers of LCD panels who were accused in the conspiracy.

Comedian's Mother-in-Law Sues Over Being Brunt of Jokes - Law.com - August 26, 2009
A New Jersey federal judge has been asked to order comedian Sunda Croonquist to shut up already with the Jewish mother-in-law jokes. Ruth Zafrin says in a pending suit that she is being falsely and maliciously tagged as a racist in her daughter-in-law's comedy routines. Zafrin's daughter and son-in-law, Shelley and Neil Edelman, also are plaintiffs in the suit, which charges the comedian depicts them in a false light with intent to harm. On Tuesday Judge Mary Cooper denied a motion to dismiss on procedural grounds.

Zoloft Experts to Debate Effect of Drug on Assault - Law.com - August 26, 2009
A man claiming the antidepressant Zoloft caused him to beat up his ex-girlfriend may tap an expert witness to back up his defense, a New York state judge has ruled. But the judge also held that an expert witness for Pfizer, the maker of Zoloft, may take the stand in rebuttal. At a pretrial hearing in January, the defense expert testified that some users of antidepressants like Zoloft may suffer "significant side effects which may include impulsivity, agitation, excessive aggression, grandiosity and hypomania."

Sworn In as AG, Holder Says 'No Place for Political Favoritism' at DOJ - Law.com - February 4, 2009
Attorney General Eric Holder Jr. was welcomed to his first day on the job by rousing applause, as he spoke of "a new day" in a department that has been tainted by the influence of partisan politics. "It is so good to be home," said Holder, a former federal prosecutor, D.C. Superior Court Judge, U.S. Attorney and deputy attorney general. The Senate confirmed Holder on Monday evening by a vote of 75 to 21.

Will New SG Lead to Sharp Turn at the Supreme Court? - Law.com - February 4, 2009
It is an unquestioned tradition that because of the solicitor general's special relationship with the Supreme Court, the arrival of a new administration of a different party does not mean a sudden shift in positions before the Court. But Elena Kagan, President Barack Obama's pick as the next SG, may find herself more torn than recent predecessors between past and future government positions on key legal issues -- most visibly on policies toward detainees and wartime powers.

Florida Judge Who Sued Over Jail Overcrowding Faces Reprimand - Law.com - February 4, 2009
A Florida judge who filed a lawsuit to change how county officials handled jail overcrowding has been disciplined by the state's high court. The Supreme Court of Florida ordered a public reprimand for St. Lucie County Court Judge Clifford Barnes, finding he violated the state's Code of Judicial Conduct. The court determined Barnes ran afoul of the rules regarding impartiality and committed acts that caused disrepute to the judiciary. "I was too hopeful for a better outcome," Barnes said.

Akin Revenues Up as More Partners Depart - Law.com - February 4, 2009
Akin Gump Strauss Hauer &Feld saw revenue increase 3.8 percent last year despite heavy partner losses in 2008. The firm reported earning $780.5 million in 2008. Profits per partner climbed 16.7 percent to $1.41 million. The firm shed 59 partners in 2008, more than any other firm that didn't dissolve. But Chairman R. Bruce McClean said many of those partners were not the contributors some thought they were. "Just because someone says ... they're a rainmaker, doesn't mean they're making rain. Sometimes it's more like fog."

N.Y. Judge Finds Man Entitled to Inherit Same-Sex Partner's Estate - Law.com - February 4, 2009
Recognizing the validity of a same-sex marriage between New Yorkers contracted in Canada, a Manhattan surrogate has ruled that a man is entitled to inherit the entire estate of his deceased male partner. The decision comes months after a Queens surrogate took a more cautious approach in holding that the validity of gay marriage had not been "definitely determined," ruling that the deceased partner's parents had to be included in probate proceedings.

New Charges in Murder of N.Y. Lawyer - Law.com - February 4, 2009
The man charged with arranging the murder of New York attorney James DiMartino is facing conspiracy charges over an alleged plot to kidnap the daughter of an accomplice to stop her from cooperating with authorities. Co-defendant Monique Randall, a stripper who allegedly recruited the gunman who shot DiMartino in a restaurant parking lot in October, has agreed to testify against Ronald Thornton, who is already facing first-degree murder charges.

TARP Lawyers to Banks: Think Twice About Taking Government Cash - Law.com - February 4, 2009
With President Barack Obama and Treasury Secretary Timothy Geithner reportedly promising to attach more strings to federal bailout money, Am Law Daily decided to speak to some of the lawyers advising the dozens of financial institutions keen on applying for a chunk of the fresh $350 billion in Troubled Asset Relief Program funds Congress released last month. Those lawyers were nearly unanimous in saying that banks of all kinds are becoming more cautious about participating in TARP.

Landlord Moves to Compel Dreier LLP to Pay Rent - Law.com - February 4, 2009
The owner of the Park Avenue tower that houses Dreier LLP says the now-defunct law firm owes more than $2 million in past rent. According to papers filed Tuesday in the Chapter 11 proceeding against the firm, Dreier &Baritz, predecessor-in-interest to Dreier LLP, leased more than 100,000 square feet. In moving to compel the bankruptcy trustee to pay $2.1 million, the building's landlord noted that the firm continues to occupy the premises.

Dewey to Shutter San Francisco Office, Keep Silicon Valley Presence - Law.com - February 4, 2009
Dewey &LeBoeuf said Tuesday it is transferring all of its San Francisco attorneys and their staff to its East Palo Alto, Calif., office to "centralize" its Bay Area presence of about 30 lawyers. No jobs will be eliminated, a spokesman said. If the firm is going to eliminate a Bay Area office, it makes sense to shutter San Francisco, said one recruiter. "If you are going to say you are an international law firm that gets technology, it's awfully hard to explain why you don't have a presence in Silicon Valley."

McDermott, Will &Emery Lays Off 60 Attorneys, 89 Staffers - Law.com - February 4, 2009
The law firm McDermott, Will &Emery has laid off 60 lawyers and 89 staff employees, citing a slowdown in clients' business and a resulting impact on the firm. "We are not immune to the continued deterioration in market conditions," firm Chairman Harvey Freishtat said in a memo to employees. "The business of our clients has slowed and this has affected our own levels of activity, particularly in the transactional area."

Lawyer Can't Reduce Alimony, Support Payments by Citing Dwindling Practice - Law.com - February 4, 2009
In a lesson in frugality, a New Jersey appeals court has denied a lawyer's request to reduce his alimony and child support payments due to his firm's dwindling performance. The appellate court affirmed the lower court's decision to reject attorney Gregory Donnelly's second attempt at a reduction, noting that the court "correctly focused on Gregory's inequitable attempt to have [his ex-wife] and their children bear the brunt of the luxurious lifestyle Gregory adopted with his new wife."

In Tough Times, the Best GCs Look a Lot Like the Best Litigators - Law.com - February 4, 2009
What constitutes the "right" general counsel? While there is a laundry list of attributes that any effective in-house lawyer will possess, the game changes dramatically when major litigation, government investigations and shareholder disputes loom simultaneously. In challenging times, the qualities that distinguish top trial attorneys -- big-picture thinking, judgment and credibility, and effective communication skills -- may be the key differentiators for successful GCs, says attorney Robert Abrams.

Kentucky Domain Name Suit Has Web World Buzzing - Law.com - February 4, 2009
A battery of lawyers for Internet businesses, domain registrars, civil liberties groups and others have engaged the state of Kentucky in legal battle over that state's attempt to halt Internet gambling by seizing 141 domain names whose owners are located primarily out of state or overseas. The core concern is jurisdictional: Does a state court have the authority or power to seize domain names when none of the domain owners is present in the state and all of the names are registered outside of the state?

Tech Companies Claim Foley Overbilled, Underrepresented - Law.com - February 4, 2009
A trio of technology companies has filed a breach of contract suit against Foley &Lardner in the Eastern District of Texas for allegedly overbilling and not adequately representing them in a patent lawsuit. The plaintiffs are software companies Datatern, FireStar Software and Amphion Innovations. The Datatern case claims that plaintiffs suffered more than $1 million in economic harm.

Tax Needs May Require Additional Award in Employment Cases - Law.com - February 4, 2009
The 3rd U.S. Circuit Court of Appeals has made new law by holding for the first time that trial judges have the power to increase an award for winning plaintiffs in employment discrimination cases to compensate for the tax consequences of receiving a backpay award in one lump sum. The ruling sharpens a split in the circuits, with the 3rd Circuit opting to follow a 1984 decision from the 10th Circuit and rejecting a 1994 decision from the D.C. Circuit.

LegalTech New York 2009: Day One in Review - Law.com - February 4, 2009
When you see the vendors displaying their products and services at LegalTech New York, Law.com's Legal Technology editor Sean Doherty suggests you ask, "What can you do for me?" You're all looking for business, so don't hesitate to tell them your needs. They listen and innovate.

New Study Examines When and Why Supreme Court Justices Retire - Law.com - February 4, 2009
Do U.S. Supreme Court justices, as some historical evidence suggests, time their retirements with an eye to the partisan or political affiliation of the president or the Senate majority? No, when it comes to retirement decisions, justices care more about power than party and policy, according to a new empirical study. Two political scientists at Santa Clara University found that, in the modern era, justices' retirement decisions are influenced by three dominant factors.

Pierce Atwood Lays Off Attorneys, Staff While Planning Expansion - Law.com - February 4, 2009
Maine law firm Pierce Atwood has confirmed layoffs of seven attorneys and 14 staff members in Maine and New Hampshire, but meanwhile says it plans to expand the firm's Boston and Rhode Island footprint. Managing partner Gloria A. Pinza said the firm is in the process of adding three attorneys to the Boston office, and plans to open a Providence, R.I., office with two new lawyers. "When the economic climate is so uncertain and tenuous, we have to align our resources where the client needs are," Pinza said.

Small Denver Firm Benefits From Geography, Size and Diversification - Law.com - February 4, 2009
Denver firm Fairfield and Woods is on a Rocky Mountain high. Well, maybe not a high, but things are looking relatively rosy for the 42-attorney shop. The law firm is slowly growing at a time when many others are shedding lawyers, and business held steady in 2008, when others saw a falloff. Leaders at Fairfield and Woods acknowledge that geography, size and diversification have helped it avoid some of the competition's problems. "It's a pretty good time to be a lawyer in Denver," said partner John Eckstein.