Law Journal 2011-03-06 ~ lawyer,attorney,legal information
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Saturday, March 12, 2011

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Blockbuster Avoids Liquidation, Bankruptcy Judge Approves Plan for Auction Sale Top
Blockbuster Inc., with bankruptcy counsel from Weil Gotshal, averted immediate liquidation Thursday as a Manhattan federal bankruptcy judge approved a deal for the Dallas-based movie rental chain to be sold at auction.
 
Q&A: Law Firm Lease Expert on Finding That New Location Top
Chris Murray, the newly appointed head of the law firm practice group at commercial real estate services firm Jones Lang LaSalle, discusses what large law firms are looking for in office space today.
 

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The Score: NFL Players Decertify and Greenberg Out as Rangers Owner
The end of the week saw a pair of major sports law developments, with collective bargaining talks between the National Football League and its players' union breaking down and the Texas Rangers' new ownership team breaking up.
 

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On the Move
A weekly report of lawyer moves and law firm changes. Keep abreast of where movers and shakers are going and what they're doing.
 

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Y! Alert: NYLJ.com


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Supreme Court Speaks (Again) On Preemption of Lawsuits Top
In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes that preemption of tort suits is still a "player," but the party asserting the defense needs to do its homework, limber up and stretch well in order to jump that hurdle successfully.
 
Subject Matter Jurisdiction in the Surrogate's Court Top
In their Trusts and Estates Law column, Ruskin Moscou Faltischek's C. Raymond Radigan and Jennifer F. Hillman write that although the Surrogate's Court Procedure Act seeks to statutorily define the jurisdiction of the Surrogate's Court, in practice, the actual extension of the court's jurisdiction may be much more fact-specific.
 
Judge Rebuffs Bid to Learn Locations of NYPD Cameras Top
 
Former Client Blames Firm for 'Usurious' Funding of Suit Top
 
City Ramps Up Intervention for New PINS Diversion Effort Top
 
News In Brief Top
 
SEC Chair Admits Agency's Credibility Took a Hit Over Ex-General Counsel's Madoff Ties Top
Members of the House Committee on Oversight and Government Reform took turns grilling Mary Schapiro about the SEC allowing former general counsel David Becker to attempt to recover money for Madoff victims despite his family's investment of $2 million with Bernard L. Madoff Investment Securities LLC.
 
UPDATED: Court Hears Tapes of Attorney's Conversations With Terror Suspect Top
 
Outside Counsel: Toward a State Bankruptcy Alternative: Resolving Claims, Respecting Sovereignty Top
Todd R. Snyder, a senior managing director of Rothschild Inc., and John J. Rapisardi, a partner at Cadwalader, Wickersham & Taft, write that the ongoing public debate regarding the possible need to amend the Bankruptcy Code to permit sovereign states to seek bankruptcy protection should consider the essential nature of the state as a sovereign when considering the state as debtor.
 

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Y! Alert: lawjobs.com News And Views


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Making the Leap: Tales of a J.D. Hopeful Top
In the first article by a new columnist for The Legal Intelligencer, third-year law student Ellie Austin says, "I write to be a voice of many friends and colleagues who find themselves where they never thought they would be: law school graduate with no job, no prospects, and mountains of debt."
 
San Francisco Assistant DA Acts as Fixer (in a Good Way) Top
San Francisco Assistant District Attorney Sharon Woo was probably the only person connected to last year's scandal at the San Francisco crime lab to emerge with her reputation not just unscathed, but enhanced, based on her actions both before and after the scandal broke.
 
Legal Industry Shows Signs of a Rebound -- With a Caveat Top
Law firm profits and lawyer productivity rebounded in 2010, but that was due mostly to cost cutting, according to the latest report from Citi Private Bank's Law Firm Group.
 
Cuts at UNLV Could Render Law School a 'Mediocre Institution' Top
Public law schools are no strangers to funding cuts, but few have found themselves in the dire situation facing the William S. Boyd School of Law at the University of Nevada, Las Vegas. The university president has proposed a steep budget cut that could mean a 20 percent tuition hike.
 
Former Linklaters Managing Partner Joins SJ Berwin Top
In a notable coup, U.K. firm SJ Berwin has announced the hire of former Linklaters managing partner Tony Angel as a nonexecutive director. Widely seen as one of the most successful firm leaders of his generation, Angel will help SJ Berwin through an expected growth phase that may include a U.S. combination.
 
Commentary: What Poets Can Teach Lawyers Top
Poetry about lawyers teaches them about themselves: who they are, what they do and how others perceive them, says attorney Michael P. Maslanka. He discusses several poems about lawyers and the practice of law that may help provide attorneys with some perspective and inspiration.
 
Arnall Golden Gregory Sees Profits Per Partner Jump 24 Percent Top
Arnall Golden Gregory had a much better year than expected, said the firm's managing partner, Glenn P. Hendrix. The firm's profit per partner in 2010 shot up 24 percent to $585,500 over the previous year, revenue increased by 7 percent and revenue per lawyer increased by 9 percent.
 
Former L.A. City Attorney Joins Liner Grode Top
Former Los Angeles City Attorney Rocky Delgadillo is joining Liner Grode Stein Yankelevitz Sunshine Regenstreif & Taylor after being of counsel in the Los Angeles office of Goodwin Procter for nearly two years. He said he was lured by the innovative approach to billing that Liner Grode offers.
 
Lawyers Break Away From Troubled Firm to Maintain Minority-Owned Status Top
After merging last year with Adorno & Yoss, New Jersey's Wong Fleming is now re-emerging as a 45-lawyer firm with a national presence. Daniel Fleming, Wong Fleming's managing partner, said they left the firm now known as Yoss because Yoss was at risk of losing its minority-owned status.
 
Law Schools Helping to Pay the Price for Students' Firm Employment Top
SMU Dedman School of Law's Test Drive program pays employers $3,500 to take in recent graduates for one or two months. And Duke Law School's Bridge to Practice program pays unemployed recent grads a modest stipend while they spend eight weeks with legal employers. Are such programs helping?
 
Should I Give Myself a Deadline to Leave Law? Top
I'm a third-year associate, but law practice is not for me. Networking for law-related alternatives has been going well. I plan to quit by year's end, even if I don't find something else by then. What do you think?
 
Tips on Transitioning From Accounting Firm to Law Firm? Top
I am a lawyer currently working for a Big 4 accounting firm, and I'd like to transition to a law firm and practice tax law. Is it true this is a difficult move? Any advice on making the transition easier?
 

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Friday, March 11, 2011

Y! Alert: Law.com - Newswire


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Signs of a Rebound? Top
Law firm profits and lawyer productivity rebounded in 2010, but that was due mostly to cost cutting, according to the latest report from Citi Private Bank's Law Firm Group.
 
The Power of Hope Top
As Congress considers deep cuts in legal assistance to the poor, The National Law Journal presents an in-depth report examining the impact of legal aid programs on clients and the politics surrounding funding.
 
More Howrey Partners Moving Ahead of Dissolution Top
Partner moves from Howrey continued unabated in the days immediately following Wednesday's decision to break up the firm. Partners jumped to Venable, Covington, and Arnold & Porter.
 
Camp sentence: 30 days in prison Top
In a surprising move, a visiting federal judge has reduced to a misdemeanor the sole felony to which former U.S. District Senior Judge Jack T. Camp had pleaded guilty and sentenced Camp to 30 days in prison and 10 weeks of community service.
 
Tokyo Lawyers Stranded at Offices in Aftermath of 8.9 Magnitude Quake Top
Lawyers at major international and domestic firms were among the Tokyo residents left stranded at their offices Friday by a massive earthquake that also spawned a devastating tsunami in coastal areas.
 
CC follows Freshfields and Links with spring bonuses for US associates Top
In keeping with a pattern that's recently emerged in the U.S. legal market, Clifford Chance is set to pay its New York and Washington, D.C., associates a new spring bonus ranging from $2,500 to $20,000.
 
Former Client Blames Firm for 'Usurious' Funding of Suit Top
Litigation funding companies have been generating controversy lately, but one plaintiff is unusual in that he is trying to hold his former lawyers, in addition to the funder, liable for what he calls unconscionable financial terms.
 
Business Groups Renew Push for Attorney Sanctions Top
Representatives of two major business groups say Congress should revive a change in the federal rules of civil procedure to discourage what they call frivolous lawsuits against small companies.
 
Federal Judge Orders Domino's to Reinstate Franchise Top
A federal judge has hit Domino's Pizza with an injunction ordering the pizza giant to reinstate a franchise because the company's e-mail notices of franchise requirements and violations weren't properly addressed.
 
Special Counsel: Wilson Sonsini, Morris Nichols Acted Appropriately in Nighthawk Matter Top
The lawyers who settled a class action over the merger of Nighthawk Radiology and Virtual Radiologic acted appropriately, according to a special counsel appointed to look into possible "forum shopping" and "collusive" behavior.
 
Gascón Hands Over Police Probe to Feds Top
San Francisco DA George Gascon said Friday the DOJ will take over his office's investigation into claims that drug busts were made by police using master keys to conduct warrantless searches of a residential hotel.
 
In 2010, number of securities class action settlements dropped to lowest level in 10 years Top
A new study shows the number of securities class action settlements last year was the lowest in a decade, while the median settlement jumped by the largest percentage increase seen during the same 10-year period.
 
Lawyer Suspended for Instructing Paralegal to Solicit Clinic Patient Top
A personal injury lawyer has been suspended for three months after getting ensnared in a sting of a clinic that prosecutors said was operating as a "fraud factory" by allegedly staging sham accidents and submitting bogus insurance claims.
 
Former Linklaters Managing Partner Joins SJ Berwin Top
In a notable coup, U.K. firm SJ Berwin has announced the hire of former Linklaters managing partner Tony Angel as a nonexecutive director. Widely seen as one of the most successful firm leaders of his generation, Angel will help SJ Berwin through an expected growth phase that may include a U.S. combination.Visit International News
 

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Y! Alert: National Law Journal


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LEGAL AID: A SPECIAL REPORT: The Power of Hope
An in-depth report examining the impact of legal aid programs on clients and the politics surrounding funding.
 

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Law Journal




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LEGAL AID: A SPECIAL REPORT
An in-depth report examining the impact of legal aid programs on clients and the politics surrounding funding.
 
Fee fight headed for courtroom
A $4 million jury award for a man savagely beaten outside a Washington nightclub is at the center of a rare court fight over fees between attorneys who represented the plaintiff.
 
Divided on discovery
The federal judiciary appears evenly split and prosecutors and defense lawyers sharply divided over a proposal to broaden criminal discovery obligations following a high-profile case of alleged government misconduct, according to a national survey.
 
OPINION: Ethical oversight for the justices
Congress should pass bill requiring justices to provide reasons for recusal decisions, with review by outside panel.
 
OPINION: Teaching the rule of law in China
Students participating in Temple Law LL.M. program may read widely about rights not recognized in China.
 
OPINION: Civil litigation as a predatory weapon?
Deep-pocket litigants have the ability to use the high cost of litigation, along with the American rule on fees and costs, to deter their opponents.
 
THE PRACTICE: Recent case raises issue of labor's antitrust exemption
The 9th Circuit ruled that employers' agreement to share revenue, to counter a 'whipsaw' strike, violated antitrust law.
 

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MoFo Lures Corporate Partner from Cooley
 
Fenwick Advises Cisco on $4B Debt Offering
 
On the Move
A weekly report of lawyer moves and law firm changes. Keep abreast of where movers and shakers are going and what they're doing.
 
The Psychic Rewards of Partnership
Yes, making partner, like Cooley's Jessica Santamaria did this year, can mean more money. But more immediately, the title brings respect, autonomy -- and relief. (Also: check out our list of 2011 new partners.)
 



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Legal Industry Does Not Exist on 'LinkedIn Today' Top
LinkedIn announced Thursday that it has launched "LinkedIn Today," which some have described as an effort to become "The Wall Street Journal of social news." LinkedIn describes LinkedIn Today as a site that "delivers the day's top news, tailored to you based on what your connections and industry peers are reading and sharing." Unless, of course, you are a lawyer or in the legal profession, in which case you get absolutely nothing. Yes, despite lawyers' pretty heavy use of LinkedIn as a social media tool, LinkedIn Today seems to forget that we even exist. As Bob Ambrogi similarly observed Thursday on his LawSites blog, LinkedIn Today offers a lengthy list of industries you can choose to tailor your reading, but law isn't one of them. In addition, he notes, the site does not draw on any legal-news sources. "Given the apparent widespread use of LinkedIn among legal professionals of all kinds, it is surprising that this new service would skip right over the entire industry," Ambrogi adds. I agree completely. We lawyers are out here dutifully "LinkingIn" with each other in droves, probably without even knowing why we're doing so in most cases. LinkedIn can at least throw us a...
 
Friday's Three Burning Legal Questions Top
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I'm a paramedic. I'm at the scene of a grisly car accident and, well, I just found the driver's foot, which is now severed and all mangled. May I take it home with me to help train my "body-recovery dog?" Answer: No. That foot does not belong to you or your dog. Taking it may be second-degree theft, plus you could get sued by its true owner. (Lowering the Bar, Florida Man Sues Alleged Foot-Stealer) 2) Question: I am due to appear at a hearing in Juvenile and Domestic Relations court, but I do not have a caregiver lined up for my monkey, Kara. It would be abusive to leave Kara home alone -- would you leave your child at home? Kara has to be close to me. Do you think I can sneak her through security in my bra if I put her in diapers for the day? Answer: It is highly unlikely that a diaper-wearing monkey will make it through security in your bra. And if she does, you will have even more trouble when the judge sees her. Make alternate...
 

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Y! Alert: National Law Journal - Washington


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Howrey partners vote to dissolve the firm Top
Partners in the embattled Washington firm Howrey voted on March 9 to dissolve the firm, effective on March 15.
 
Divided on discovery Top
The federal judiciary appears evenly split and prosecutors and defense lawyers sharply divided over a proposal to broaden criminal discovery obligations following a high-profile case of alleged government misconduct, according to a national survey.
 
Fee fight spills into public Top
Sonnenschein's lawyers battled in court over whether the firm fairly compensated Douglas Rosenthal for work on two cases, including one brought by families of victims of the 1988 bombing of a Pan American World Airways jet over Lockerbie, Scotland.
 
Taking the Fifth? Expect to do it in person Top
In a new opinion, the District of Columbia Bar's Legal Ethics Committee has made clear that it's generally OK for lawyers in Congress to force a witness to appear, even when the lawyers have been told that the witness will refuse to answer questions under the Fifth Amendment's right against self-incrimination.
 
INADMISSIBLE Top
Barring write-in vote revelations; Howes trial continues; House to take up DOMA; Bloch sentencing in limbo; Ogletree returns to DC; and a new executive VP at Neustar in this week's column.
 
Constitutional attacks on patent false-marking law gain traction Top
Constitutional challenges to the statute that lets whistleblowers sue companies for falsely labeling their products as covered by patents are heating up at the U.S. Court of Appeals for the Federal Circuit and at the district court level.
 
High court allows state suits in seat belt cases Top
The Supreme Court on Wednesday opened the door to state personal injury suits against automakers in a decision involving vehicle lap belts.
 
Federal Circuit overturns $1.67 billion patent verdict against Abbott Labs Top
The U.S. Court of Appeals for the Federal Circuit has overturned a $1.67 billion patent infringement jury verdict that Johnson & Johnson unit Centocor Ortho Biotech Inc. won against Abbott Laboratories in a Texas federal court. The ruling reversed 2009's largest jury verdict, finding the patent at issue to be invalid based on the written-description requirement.
 
Monday wrap-up: Court side with prisoners in DNA case Top
The Supreme Court on Monday ruled that prisoners can use so-called Section 1983 civil rights lawsuits to make post-conviction requests for DNA testing of crime scene evidence.
 
Fallon named new reporter of decisions at Supreme Court Top
Chief Justice John Roberts Jr. announced from the bench Monday the appointment of Christine Fallon as the Court's new reporter of decisions, the first woman to hold the position.
 
Courtside: Was Katyal misquoted on prosecutors? Top
During arguments in Ashcroft v. al-Kidd, Neal Katyal appeared to say one thing about prosecutors in response to a question from Justice Sonia Sotomayor. But a tape of the arguments shows that he may have been trying to make the opposite point.
 
Fee fight headed for courtroom Top
A $4 million jury award for a man savagely beaten outside a Washington nightclub is at the center of a rare court fight over fees between attorneys who represented the plaintiff.
 
Firm seeking payback from Abramoff pal Top
Lawyers for Greenberg Traurig are demanding that Abramoff business partner Michael Scanlon make restitution to the firm to cover its losses.
 
Cobell attorneys seek $223 million Top
They say the judge isn't bound by their pledge to accept $99.9 million or less.
 

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