Y! Alert: Legal Blog Watch

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The latest from Legal Blog Watch

• Calendar Snafu Leads to Default Entered Against Wachovia in Securities Case

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Calendar Snafu Leads to Default Entered Against Wachovia in Securities Case

The South Florida Lawyers blog reports that the auction rate securities action filed against Wachovia in federal court in Florida is, well, going poorly for the defendant at the moment. How poorly? On March 9, SFL says, Judge James Lawrence King entered -- sua sponte -- a default against Wachovia for failing to file a response to plaintiff's Amended Complaint in the case. The next day, a Birmingham, Ala., lawyer for Wachovia named Carl S. Burkhalter filed a motion to set aside the default, explaining that a perfect storm involving the resignation of his associate and the unexplained failure of an email "auto-forward" function from the associate's email account to his secretary led to the date for defendant's Answer to the Amended Complaint not being entered on his calendar. Burkhalter said that he was "profoundly sorry" for the oversight. Obviously a painful motion to have had to write. Is plaintiffs counsel feeling a fellow lawyer's pain and letting Burkhalter off the hook here, you might ask? Nope! SFL notes that plaintiff has now asked the court to deny the pending motion to set aside the default, arguing that it "ignore[s] the fact that two other current Wachovia lawyers were served...

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Y! Alert: National Law Journal

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The latest from National Law Journal

• Toyota plaintiffs insist they need a look at government findings

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Toyota plaintiffs insist they need a look at government findings

Plaintiffs' lawyers in the multidistrict litigation against Toyota Motor Corp. over sudden acceleration claims intend to challenge a "hotly disputed" governmental report that concluded that defects in Toyota vehicles were limited to gas pedals and floor mats, according to court documents filed on March 16.

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Y! Alert: Legal Blog Watch

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The latest from Legal Blog Watch

• Friday's Three Burning Legal Questions

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Friday's Three Burning Legal Questions

Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I've had these license plates for months! Why did the Secretary of State Police just come to my office, take my plates reading "GIV ME A" off my car and shred them? Answer: Sometimes it takes a complaint or two from motorists for the state's license plate people to catch on and ban a particular license plate. Let me guess -- are you driving a Hummer? (Chicago Sun-Times, The off-color personalized license plates that are banned in Illinois) 2) Question: I stabbed my friend. However, in my defense, I believe I am a vampire and he would not let me suck his blood for a second time. That's justified, right? Answer: Unjustified! (Arizona Republic, Chandler 'vampire' gets three years probation) 3) Question: I'm working security at the county building. This guy is carrying a pitchfork as a "protest" and insists on bringing it in with him. Can I tell him he cannot come in with the pitchfork? Answer: If you let people come in with holstered handguns, then you may be required to let this guy in with his holstered pitchfork. (Volokh Conspiracy,...

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Y! Alert: Law.com - Newswire

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The latest from Law.com - Newswire

• New Docs in Case of Ex-Glaxo In-House Counsel Lauren Stevens Reveal Other Lawyers' Roles
• DOJ's thumb on the scales
• 11th Circuit Shoots Down Private Claims Against AstraZeneca
• More Ex-Howrey Partners Find New Homes
• Legal Aid, D.A. to Argue Scope of Exclusionary Rule for Stop
• Chevron's Arbitration Attack on Lago Agrio Verdict Can Move Forward; Plaintiffs Call Victory Pyrrhic
• Refusal to talk settlement doesn't merit sanctions
• Defense and Plaintiffs Attorneys Riled Up Over Tort Reform Bills
• DOJ Weighs Supreme Court Challenge in GPS Surveillance Dispute
• 3rd Circuit Panel Removes Fullam From Criminal Case
• Class Action Claims CitiGroup Unit Misled Loan-Modification Applicants

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New Docs in Case of Ex-Glaxo In-House Counsel Lauren Stevens Reveal Other Lawyers' Roles	Top
A pretrial hearing for the indicted former in-house counsel from GlaxoSmithKline has taken some unexpected turns, including the unsealing of records that reveal the roles of several other lawyers in the alleged misdeed.
DOJ's thumb on the scales	Top
In a case that could prove a sign of things to come as the Justice Department ramps up IP enforcement, the 4th Circuit will consider the propriety of a grand jury subpoena in an action involving the misappropriation of trade secrets.
11th Circuit Shoots Down Private Claims Against AstraZeneca	Top
On the heels of agreeing to pay $68 million to settle several states' suits over an anti-psychotic drug, AstraZeneca Pharmaceuticals can claim a victory in a related suit filed by labor unions.
More Ex-Howrey Partners Find New Homes	Top
Word of Howrey lawyers finding new jobs continued late Thursday and Friday, with Mayer Brown picking up 21 attorneys; Cadwalader snagging a five-lawyer antitrust team; and Jenner & Block hiring a litigation partner.
Legal Aid, D.A. to Argue Scope of Exclusionary Rule for Stop	Top
A U.S. Supreme Court rookie will face a high court veteran as they debate whether pre-existing government I.D. papers obtained from an unconstitutional police stop must be suppressed as "the fruit of the poisonous tree."
Chevron's Arbitration Attack on Lago Agrio Verdict Can Move Forward; Plaintiffs Call Victory Pyrrhic	Top
The 2nd Circuit has cleared the way for Chevron's investment arbitration action against Ecuador, brought as a collateral attack on the multibillion-dollar pollution verdict won in February by indigenous residents of the Amazon.
Refusal to talk settlement doesn't merit sanctions	Top
A defendant's failure to participate in settlement talks after its inventor and expert witness disclosed adverse information in depositions wasn't ground for sanctions, the Federal Circuit has ruled.
Defense and Plaintiffs Attorneys Riled Up Over Tort Reform Bills	Top
As the Texas Legislature considers altering the civil justice system with "loser pays" provisions, many attorneys are changing their minds about the need for more tort reform.
DOJ Weighs Supreme Court Challenge in GPS Surveillance Dispute	Top
Justice Department lawyers continue weighing whether to ask the U.S. Supreme Court to pick up a controversial decision involving law enforcement's warrantless use of GPS devices to track criminal suspects.
3rd Circuit Panel Removes Fullam From Criminal Case	Top
For the second time this month, the 3rd Circuit has removed federal Judge John P. Fullam from a criminal case after finding his evidentiary rulings and jury instructions were in direct conflict with controlling law.
Class Action Claims CitiGroup Unit Misled Loan-Modification Applicants	Top
A would-be federal class action of potentially thousands of New Jersey homeowners alleges that a CitiGroup arm reneged on its agreement to do loan modifications in return for receiving $45 billion in bailout money.

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Y! Alert: The American Lawyer

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The latest from The American Lawyer

• Dealmaker of the Week: Mary Ann Todd of Munger, Tolles & Olson

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Dealmaker of the Week: Mary Ann Todd of Munger, Tolles & Olson

Todd co-led a team advising longtime client Berkshire Hathaway, Inc., on its $9 billion acquisition of chemicals company The Lubrizol Corporation.

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Y! Alert: NYLJ.com

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The latest from NYLJ.com

• The Separation of Powers: Foundation for Article 78 Deference
• Reporting Foreign Accounts And New Voluntary Disclosure Program
• Legal Aid, D.A. to Argue Scope of Exclusionary Rule for Stop
• Divorce Settlement Triggers Judge's Suspicion That Litigant Had Assets to Pay for Private Counsel
• Albany: Justice Groups Support Judicial Campaign Proposal
• News In Brief
• More Juvenile Offenders Were Sent to Adult Prisons in 2010, Data Shows
• People v. Andujar
• Mr. Sprout Inc. v. John J. Jerue Truck Broker Inc.
• Rose v. Annerville
• Palaguibay v. 605 West 48th Street LLC
• Rodriguez v. Allstate Insurance Company
• Customweld Industries Inc. v. The Pike Company Inc.
• United States v. Desnoyers
• National Specialty Insurance Co. v. Vida Café Inc.
• Beauchamp v. Financial Recovery Services Inc.
• United States v. Gallina
• Regan v. Conway
• Outside Counsel: Cloud Computing: Ethical Shades of Gray

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The Separation of Powers: Foundation for Article 78 Deference	Top
In his New York Practice column, Thomas F. Gleason, a member of Gleason, Dunn, Walsh & O'Shea, writes that flexible consideration of petitions for writ-type relief has not led to the development of liberal review by the courts on substantive matters.
Reporting Foreign Accounts And New Voluntary Disclosure Program	Top
In his Tax Tips column, Sidney Kess, of counsel at Kostelanetz & Fink and a CPA, writes that some taxpayers have tried to duck taxes and/or hide money from creditors using foreign bank and other financial accounts. In the past several years, the IRS has begun to crack down on these tax evaders.
Legal Aid, D.A. to Argue Scope of Exclusionary Rule for Stop	Top
Divorce Settlement Triggers Judge's Suspicion That Litigant Had Assets to Pay for Private Counsel	Top
Albany: Justice Groups Support Judicial Campaign Proposal	Top
News In Brief	Top
More Juvenile Offenders Were Sent to Adult Prisons in 2010, Data Shows	Top
People v. Andujar	Top
'Political' Condoms Sold Without Vendor's License Fall Within Written Matter Exception
Mr. Sprout Inc. v. John J. Jerue Truck Broker Inc.	Top
Selection Clause Naming Florida as Forum For Collections Does Not Refer to All Disputes
Rose v. Annerville	Top
Plaintiff's Pain Is Not Derived From Injuries She Allegedly Sustained After Falling on Steps
Palaguibay v. 605 West 48th Street LLC	Top
Absolute Liability Imposed on Owner Who Failed to Provide Harness for Laborer
Rodriguez v. Allstate Insurance Company	Top
Policyholder of Car Owned by Another May Recover for Damage to Vehicle While Stolen
Customweld Industries Inc. v. The Pike Company Inc.	Top
Court Grants Consolidation in Suffolk Although One Action Began in Monroe
United States v. Desnoyers	Top
Clean Air Act Conspiracy Acquittal Vacated; Conviction on Charge Ordered Reinstated
National Specialty Insurance Co. v. Vida Café Inc.	Top
Estate Diligently Pursued Rights Against Bar's Insurer in 'Dram Shop' Action
Beauchamp v. Financial Recovery Services Inc.	Top
Collection Letter Inaccurately Disclosed Debt, Threatened Action Not Intended
United States v. Gallina	Top
Government Can Foreclose Against Tax Liens On Property Allegedly Conveyed Fraudulently
Regan v. Conway	Top
Court Explains Reduction of $195,857 Fee Sought to $40,000 in Fees, $7,759 in Costs
Outside Counsel: Cloud Computing: Ethical Shades of Gray	Top
Devika Kewalramani, a partner at Moses & Singer, discusses the ambiguities of 'cloudsourcing' and the ABA's effort to identify specific, practical concerns surrounding cloud computing and guidelines for parctitioners, while exploring steps that lawyers and firms can take to protect outsourced confidential client information.

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Y! Alert: People RSS - The Recorder

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The latest from People RSS - The Recorder

• Kilpatrick Townsend Loses Licensing Partner to King & Spalding
• As Police Scandals Unfold, Adachi is Out in Front
• Changing of the Guard at Federal Defender's Office

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Kilpatrick Townsend Loses Licensing Partner to King & Spalding	Top
As Police Scandals Unfold, Adachi is Out in Front	Top
San Francisco's public defender is adept at milking misconduct, but the results don't always match the rhetoric.
Changing of the Guard at Federal Defender's Office	Top
Barry Portman has decided against an seventh term, setting off a scramble to replace him.

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Y! Alert: lawjobs.com News And Views

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The latest from lawjobs.com News And Views

• Working Smart: Playing Well With Others
• Winston & Strawn Opens in Houston With Several Howrey Lawyers
• The Psychic Rewards of Law Firm Partnership
• Three Firms Take On More Howrey Partners
• Turn Your Law Firm's Summer Program Into a Psych Lab
• Employment Picture Improving for Recent Law Grads, NALP Reports
• MoFo Real Estate Partner Moves to Shartsis
• Funding Crunched for Federal Criminal-Defense Appointments
• Sotomayor: Inequality in Education Biggest Hurdle to Diversity
• New 'U.S. News' Law School Rankings Revamp Tiers
• Should I Aim for In-House or Another Law Firm?
• Tips on Transitioning From Accounting Firm to Law Firm?

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Working Smart: Playing Well With Others	Top
Attorneys need relationship-building skills from day one, notes consultant Valerie Fontaine. Not only must you be able to work well with others in your law firm or office, but also all of the legal knowledge in the world will do you and your clients no good if you cannot relate to one another.
Winston & Strawn Opens in Houston With Several Howrey Lawyers	Top
Taking advantage of the demise of Howrey, Winston & Strawn opened a Houston office on Wednesday staffed by most of the lawyers who had worked in Howrey's Houston office. Howrey's Houston office managing partner Stephen Cagle says Winston had extended offers to all of the lawyers in his office.
The Psychic Rewards of Law Firm Partnership	Top
Beyond the obvious financial rewards of making partner, the title carries with it a wealth of psychic rewards: respect from peers and family, greater autonomy and accountability, and, for many, a feeling of relief. The Recorder spoke with several new partners about their experiences.
Three Firms Take On More Howrey Partners	Top
Howrey might have quietly taken its last breath Tuesday after 55 years practicing law, but its former partners continue to move on -- the latest to Greenberg Traurig, Morgan Lewis, and Arnold & Porter.
Turn Your Law Firm's Summer Program Into a Psych Lab	Top
Now that law firms are using psychological screening tests on potential associates, The Snark asks, why stop there? Stretch those summer program and psych test dollars further by hiring a professional to craft a battery of good, old-fashioned, live-action psychological experiments.
Employment Picture Improving for Recent Law Grads, NALP Reports	Top
New figures from the National Association for Law Placement show that offer rates to summer associates rose from the historic low of 69 percent in 2009 to 87 percent in 2010.
MoFo Real Estate Partner Moves to Shartsis	Top
Shartsis Friese doesn't add laterals very frequently. But when it does, it's often from Morrison & Foerster. The San Francisco business and litigation firm has announced that real estate partner Derek Boswell, who had been at MoFo for the past seven years, has joined as partner.
Funding Crunched for Federal Criminal-Defense Appointments	Top
The dispute over funding the U.S. government is affecting the federal court system, and its first victims are lawyers who take criminal-defense appointments. Websites for two district courts in Texas gave updates on the suspension of voucher payments, including a new March 7 cutoff date.
Sotomayor: Inequality in Education Biggest Hurdle to Diversity	Top
Inequality in education is the most pressing issue of diversity in the United States, U.S. Supreme Court Justice Sonia Sotomayor said as she accepted an award Friday from the Philadelphia Bar Association for her accomplishments in diversifying the legal profession. The award will be renamed in her honor.
New 'U.S. News' Law School Rankings Revamp Tiers	Top
The latest law school rankings from U.S. News & World Report are out, and the real attention-getter on this year's list may not be specific rankings, but the extension of numerical rankings beyond the top 100 and elimination of the old alphabetically listed third and fourth tiers.
Should I Aim for In-House or Another Law Firm?	Top
After 15 years at a litigation boutique, I need to move on. Do I go in-house or move to another firm? And any networking advice?
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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Y! Alert: National Law Journal - Washington

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The latest from National Law Journal - Washington

• DOJ's thumb on the scales
• Section 5 bailouts balloon
• Divided on discovery
• Fee fight spills into public
• INADMISSIBLE
• Refusal to talk settlement doesn't merit sanctions
• Federal Circuit erects high standard for false labeling complaints
• Constitutional attacks on patent false-marking law gain traction
• Class Warfare
• For Scalia's son, turning away income may help father stay on Wal-Mart case
• Monday wrap-up: Court side with prisoners in DNA case
• Fee fight headed for courtroom
• Firm seeking payback from Abramoff pal
• Cobell attorneys seek $223 million

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DOJ's thumb on the scales	Top
For more than two years, a pair of rival technology companies that make a high-strength synthetic fiber have battled each other in Richmond, Va.'s federal trial court over allegations of trade secret theft and antitrust violations.
Section 5 bailouts balloon	Top
More than a year ago, the U.S. Supreme Court gave the go-ahead to political subdivisions interested in exiting special supervision under the Voting Rights Act. Now small cities, towns and utility districts are stepping up.
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.
INADMISSIBLE	Top
Still gunning for fees in Second Amendment case; government OK with Bloch's plea withdrawal; Halligan works while she waits; Pepco opts for Venable; a new federal judge's wonk history; and Satterfield's no friend of social networking sites in this week's column.
Refusal to talk settlement doesn't merit sanctions	Top
A defendant's failure to participate in settlement talks after its inventor and expert witness disclosed adverse information in depositions wasn't ground for sanctions, the U.S. Court of Appeals for the Federal Circuit has ruled.
Federal Circuit erects high standard for false labeling complaints	Top
The U.S. Court of Appeals for the Federal Circuit outlined a high pleading standard for plaintiffs filing lawsuits against companies for falsely labeling their products as covered by patents.
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.
Class Warfare	Top
Among their hundreds of pages of dueling arguments, the companies and organizations supporting or opposing Wal-Mart in its landmark Supreme Court challenge Wal-Mart v. Dukes do agree on one point: Whatever the justices say about class action certification will resound across a wide swath of law, not just employment discrimination.
For Scalia's son, turning away income may help father stay on Wal-Mart case	Top
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.
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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Y! Alert: All News RSS - The Recorder

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The latest from All News RSS - The Recorder

• Two Firms Vying to Help Redraw Political Map
• Kilpatrick Townsend Loses Licensing Partner to King & Spalding
• As Police Scandals Unfold, Adachi is Out in Front
• Changing of the Guard at Federal Defender's Office
• On the Move
• Viewpoint: BAR-ometer
• Viewpoint: Judges, Lawyers Address Online Anonymity
• After 35 Years, Allen Matkins Names New Managing Partner
• Facebook Hit With Two New Patent Suits
• Sedgwick Moving Into Empty Heller S.F. Space

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Two Firms Vying to Help Redraw Political Map	Top
Kilpatrick Townsend Loses Licensing Partner to King & Spalding	Top
As Police Scandals Unfold, Adachi is Out in Front	Top
San Francisco's public defender is adept at milking misconduct, but the results don't always match the rhetoric.
Changing of the Guard at Federal Defender's Office	Top
Barry Portman has decided against an seventh term, setting off a scramble to replace him.
On the Move	Top
A weekly report of lawyer moves and law firm changes. Keep abreast of where movers and shakers are going and what they're doing.
Viewpoint: BAR-ometer	Top
Kozinski too activist, says district judge ... But Ninth Circuit has his back ... Sedgwick leases a haunted house
Viewpoint: Judges, Lawyers Address Online Anonymity	Top
After 35 Years, Allen Matkins Names New Managing Partner	Top
Facebook Hit With Two New Patent Suits	Top
Sedgwick Moving Into Empty Heller S.F. Space	Top

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Y! Alert: Texas Lawyer

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The latest from Texas Lawyer

• Winston & Strawn Opens in Houston
• Locke Lord Bissell & Liddell Sued Over Tax Opinion Letters
• Discipline
• Newsmakers
• Decision Limits Scope of Discovery After Special Appearance
• Planting Trees and Climbing Ladders

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Winston & Strawn Opens in Houston	Top
Taking advantage of the demise of Howrey, Winston & Strawn opened a Houston office on March 16 staffed by most of the lawyers who had worked in Howrey's Houston office. Houston-based Baker Botts also reaped rewards from Howrey's closing by bringing on a group of 32 antitrust lawyers in Washington, D.C., who had worked at Howrey's headquarters in the nation's capital. Stephen Cagle (pictured) is Howrey's Houston office managing partner.
Locke Lord Bissell & Liddell Sued Over Tax Opinion Letters	Top
An investment partnership and two co-founders of Highland Capital Management LP of Dallas filed a malpractice, fraud and negligent misrepresentation suit against Locke Lord Bissell & Liddell of Dallas, related to tax opinion letters the firm allegedly gave to the plaintiffs in 1999 and 2000. The plaintiffs allege Locke Lord did not simply evaluate the tax shelters but instead "was actually aiding E&Y in developing the sham tax shelters and committing fraud upon PCMG XXIII and plaintiffs."
Discipline	Top
Two lawyers — one from Harris County and one from Webb County — have been placed on probation for two years.
Newsmakers	Top
Decision Limits Scope of Discovery After Special Appearance	Top
In a recent trip to Tinseltown, Houston's 1st Court of Appeals limited the scope of discovery available to a party when a nonresident defendant has entered a special appearance objecting to personal jurisdiction, writes Matthew W. Caligur. The ruling is good news for trial lawyers representing nonresident defendants.
Planting Trees and Climbing Ladders	Top
Lawyers have a duty to develop the next generation of the legal profession, writes Pauline E. Higgins. As they climb the ladder of success, they must pull others up behind them. They must plant trees underneath which they will never sit. Counsel should ask themselves how they are benefiting the profession and their workplaces by developing budding lawyers.

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