Law Journal 2011-04-17 ~ lawyer,attorney,legal information
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Saturday, April 23, 2011

Y! Alert: Legal Blog Watch


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The Day's Three Burning Legal Questions
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I have saved my whole life and now have $90,000 I would like to donate to the legal community. Any ideas? Answer: If you can scrape together another $10,000, perhaps you would be interested in funding a single law review article? (The National Law Journal, Legal scholarship carries a high price tag) 2) Question: Darn it, I know I parked right across from No. 10 Downing Street before I ran into my friend's birthday party. Where is my car??? Answer: Sometimes when London anti-terrorism police see people park near No. 10 and then run, they blow up the car just to be safe. (The Telegraph, Police blow up sports car) 3) Question: I'm in the chair at the tattoo parlor. I'm thinking of either going with "Mom" or a detailed rendering of the scene of a murder I was involved in. Any guidance here? Answer: Go with "Mom"-- murder crime scene tattoos can backfire. (Gawker, Don't Get a Crime Scene Tattooed on Your Chest)
 

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Friday, April 22, 2011

Y! Alert: Law Firms RSS - The Recorder


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Y! Alert: Law.com - Newswire


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THE NLJ 250 Top
The National Law Journal's annual survey of the largest law firms in the U.S. shows that nearly 2,900 fewer lawyers worked for the 250 top firms last year. That's in addition to the approximately 6,600 attorneys who departed in 2009.
 
Volkswagen Asks Judge to Toss $30 Million Attorney Fee Award Top
In a class action multidistrict litigation under way in Boston, Volkswagen lawyers have filed a motion urging a federal district court judge to reduce a $30 million fee award he approved on March 24.
 
Federal Judiciary Divided Over Changing Criminal Discovery Rule Top
Federal judges are divided over the necessity to change the rules of criminal procedure to put a greater emphasis and burden on prosecutors to turn over favorable information to defense lawyers, says a new report.
 
Squire Sanders Partners' Former Firm Sues for Cut of Fendi Contingency Fee Top
A battle over how to divide $3.2 million in fees from a settlement over sales of counterfeit Fendi items sheds light on the complications that can arise when partners switch firms in the middle of contingency litigation.
 
Ex-Associate Sues Quarles & Brady Top
Former Quarles & Brady associate Luis Ramírez has sued the firm, alleging that he and other minority associates were passed over for assignments by partners who preferred to give work to non-minorities.
 
Prosecutors in Lindsey Foreign Bribery Trial Face New Misconduct Allegations; Judge Issues Written Ruling on FCPA 'Foreign Official' Definition Top
The federal judge presiding over the government's foreign bribery case against Lindsey Manufacturing has issued his much-anticipated ruling on the defendants' "foreign official" motion. Meanwhile, defense lawyers are making new claims of alleged prosecutorial misconduct.
 
$8.7 Million Settlement Reached in Iraq Contractor Whistleblower Suit Top
The Justice Department has announced it has settled a whistleblower suit against two companies under contract with the State Department. DynCorp International will pay $7.7 million and The Sandi Group will pay $1.01 million.
 
News In Brief Top
New York state's high court will hear an appeal of a decision allowing an attorney to reopen his divorce settlement to factor in investments made worthless by Bernard Madoff's massive Ponzi scheme.
 
State Supreme Court Hints at Resolution of Medical Expense Issue Top
The California Supreme Court has asked for a defense-friendly supplemental briefing in a closely watched case over whether a plaintiff can recover the full cost of medical care even if an insurer paid only a smaller, negotiated amount.
 
Gonzalez's Lawyers Rebut Claims of Fraud in Brooklyn Mortgage Top
Facing accusations of mortgage fraud and nepotism, the presiding justice of the Appellate Division, 1st Department, has hired two prominent attorneys, who confirm that a state commission has opened a preliminary inquiry into the matter.
 
Sheriff Weighs Suing State Over Jail Backlog Top
Faced with a budget crisis requiring him to furlough staff and cut 10 percent from an already tight budget, a Georgia sheriff is looking into suing the state over a problem he said is costing his county $4 million a year.
 
Record $21.6M Verdict in Erie County Med Mal Case Top
An Erie County, Pa., jury has delivered a $21.6 million verdict -- believed to be a record in that county -- in the case of a boy who suffers from cerebral palsy due to a lack of oxygen during birth.
 
Criminal Charges: The Next Frontier for Libel Tourism Top
Joel Cohen and Katherine A. Helm examine the potentially perilous terrain of libel tourism, focusing on a New York professor of international law who wound up being prosecuted in France on criminal charges stemming from an unflattering book review.
 
U.K. Firm Prepares for External Investment Top
Top 30 U.K. firm Irwin Mitchell has appointed legal and financial advisers as it continues to move toward becoming one of the first law firms to accept external investment. The 520-lawyer practice has retained Norton Rose and Espirito Santo Investment Bank to advise on the potential raising of outside capital.Visit International News
 

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Y! Alert: lawjobs.com News And Views


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Commentary: 9 Essentials to Making Partner Top
It's that time of year when senior associates across the land stare at spreadsheet reports and ponder the all-consuming question, "Is this the year I make partner?" Attorney Charles R. Peissel discusses the critical variables that can make the difference between staying an associate and becoming a partner.
 
Jones Day's Ball Now in Europe's Court Top
Jones Day announced on Thursday that it is sending bankruptcy bigwig Corinne Ball to London to head the firm's restructuring and distressed M&A efforts in Europe as banks there look to unload assets while others explore investment opportunities.
 
Saul Ewing Saw Increased Revenue, Record PPP in 2010 Top
After experiencing drops in its gross revenue and revenue per lawyer in 2009, Saul Ewing saw its gross revenue rise by 5.2 percent and its RPL rise by 8.9 percent in 2010. Its profits per partner also shot up 18.2 percent, from $435,000 in 2009 to a record $514,000.
 
Former Quarles & Brady Associate Sues Firm Over Alleged Discrimation, Retaliation Top
Former Quarles & Brady associate Luis Ramírez has sued the firm, alleging that he and other minority associates were passed over for assignments by partners who preferred to give work to non-minorities.
 
NAPABA Helps Asian-American Lawyers Beat Stereotypes While Expanding Skills Top
Founded in 1988, the National Asian Pacific American Bar Association now represents 40,000 attorneys and 60 local bar associations. And for Asian-American corporate counsel, the organization provides the support and practical training they need to strive for and obtain top GC spots.
 
Fla. Supreme Court Suspends Hank Adorno for 3 Years Top
Henry "Hank" Adorno, co-founder of the collapsed law firm Adorno & Yoss, was given a three-year suspension Thursday by the Florida Supreme Court, which rejected a referee's recommendation of a public reprimand for his role in a controversial settlement of a class action lawsuit with the city of Miami.
 
Partners Who Left Firm to Start Their Own Now Face Lawsuit Top
About a year after three partners left Hall Booth Smith & Slover to start their own shop, their former firm is suing them, apparently over an employment agreement clause entitling Hall Booth to 50 percent of fees generated by clients a departing partner takes with them for eight months after they leave.
 
JD Match Aims to Fix the Law Firm Recruiting Process Top
The Wall Street Journal's Law Blog lifted the curtain Monday on JD Match, an algorithm-based product that seeks to pair firms with job-seeking law students based on each others' rankings. JD Match's driver -- consultant and Adam Smith, Esq. blogger Bruce MacEwen -- discusses the new service in a Q&A.
 
Recent Grads Report Satisfaction With 'Real World' Training in Law School Top
 
Pulp-and-Paper Deal Lawyer Switches From Troutman to K&S Top
Deal lawyer William C. "Cal" Smith III jumped from a partnership at Troutman Sanders to one at King & Spalding last week. He has carved out a niche representing forest products companies, stemming from contacts he made during a stint in-house at Georgia-Pacific Corp.
 
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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Lips sealed in Wone case Top
The three men acquitted last summer on charges of covering up the murder of Washington lawyer Robert Wone are keeping silent in a related civil wrongful death suit, saying they fear future prosecution stemming from the unsolved homicide.
 
A climate-change clash Top
A climate change challenge confronts the U.S. Supreme Court this month. And given the high stakes for business and the environment, the justices' typically "hot" bench may get even warmer when arguments in the complex case unfold.
 
Building a wall for Kagan Top
A recent release of documents under the Freedom of Information Act has provided a rare glimpse into the inner workings of the U.S. solicitor general's office in 2010 before and after then-SG Elena Kagan's nomination to the U.S. Supreme Court.
 
Redefining 'prevailing party' Top
Chicago's quick action to amend its firearm laws has called into question whether Gura, the lead attorney in the McDonald case, was the "prevailing party" and entitled to recover attorney fees from the city. The dispute is more than about whether Gura gets paid.
 
INADMISSIBLE Top
Kmiec resigns; Robbins Geller takes the lead against the Post; White & Case garners support; Walton, Clemens and Congress; GWU professors get cherry-picked; exercised over coupon expiration dates; and poker alliance won't fold in this week's column.
 
In TiVo case, full Federal Circuit vacates one award against EchoStar, affirms another Top
A divided U.S. Court of Appeals for the Federal Circuit, ruling en banc, has vacated a $110 million award against EchoStar Corp. for continued infringement of TiVo Inc.'s patents after a permanent injunction and clarified the contempt standards in patent infringement cases.
 
Federal Circuit dismisses veterans' case over Agent Orange dating back to 1979 Top
The U.S. Court of Appeals for the Federal Circuit has dismissed a petition in a case originally brought by Vietnam veterans more than 30 years ago.
 
Federal Circuit sanctions lawyer for improper confidentiality markings in briefs Top
The U.S. Court of Appeals for the Federal Circuit has sanctioned Katten Muchin Rosenman partner Daniel Shapiro with a $1,000 fine for the "extensive use of improper confidentiality markings."
 
In sovereign immunity case, states win again Top
The Supreme Court on Wednesday ruled that states may not be sued for money damages under a federal law protecting the religious freedom of prisoners.
 
Justices give global warming case a chilly reception Top
Seven of the eight justices participating in oral arguments in the case of American Electric Power v. Connecticut offered comments or questions that appeared critical of the scope or concept of a suit against major utilities that claims their output of greenhouse gases is a public nuisance under federal common law.
 
As Court wraps arguments, decisions pile up and David Boies returns Top
The high court is moving into its final few weeks of arguments for the 2010-11 term. So far, the court has issued less than half the decisions it is expected to hand down. Meanwhile, the argument calendar will bring a high-profile player back to the Marble Palace: David Boies will argue for the first time since Bush v. Gore in 2000.
 
In Shabazz saga, a $2,500 coda Top
Malik Zulu Shabazz, chairman of the New Black Panther Party, is continuing his push for attorney fees over a subpoena issued during an investigation into accusations of voter intimidation during the 2008 election.
 
A $50 million puzzle Top
A six-year round of musical chairs over liability for a fatal explosion in Wash­ington is set to wind down this summer. With $50 million in damages at stake, the government and contractors are maneuvering to make sure they aren't the last ones standing.
 
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.
 

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Y! Alert: All News RSS - The Recorder


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California Judges Doing Their Homework, Report Says Top
 
PTO Budget Cuts Mean No Silicon Valley Office 'for Foreseeable Future' Top
 
McGeorge's Longtime Dean to Step Down Next Year Top
 
Banks Lawyer Up for Suits Over Failed Mortgages Top
 
Discipline Chief Making Progress on Backlog Top
State Bar's James Towery is walking a tightrope between pushing cases along and showing he's a tough cop
 
Capital Accounts: State Board to Probe AOC's Use of Unlicensed Contractors Top
 
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.
 
Northern District Presses Play on Cameras Top
As the fight over Prop 8 video swirls, the court joins a federal pilot program for webcasting some trials.
 
Viewpoint: BAR-ometer Top
Orrick gets $88 million worth of vindication ... More judicial oversight of arbitration ... Least likely petition for rehearing ever
 
Viewpoint: Don't Become Big Law's 'Forgotten Child' Top
 

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Y! Alert: Government & Policy RSS - The Recorder


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PTO Budget Cuts Mean No Silicon Valley Office 'for Foreseeable Future' Top
 
Discipline Chief Making Progress on Backlog Top
State Bar's James Towery is walking a tightrope between pushing cases along and showing he's a tough cop
 
Capital Accounts: State Board to Probe AOC's Use of Unlicensed Contractors Top
 
L.A. County Superior Court Backs AB1208 Top
Charles Calderon's "Trial Court Rights Act" now has the backing of the state's largest trial court — but plaintiff and defense lawyer groups both came out against it.
 
Judges Wondering Why They Couldn't Block Realignment Bill Top
Some Judicial Council leaders like S.F.'s Katherine Feinstein wanted to oppose it, but the message didn't get to Sacramento in time.
 
A Bench Divided Top
The state's judges are on the warpath. Can the California Judges Association find them common ground?
 
State Supreme Court Won't Wade Into O.C. Pension Fight Top
 
Ninth Circuit Keeps Arizona Immigration Law on Ice Top
Judge Richard Paez leads a split panel in finding controversial law can't survive a facial challenge
 
Harris Draws S.F. Lawyers to AG's Office Top
 
CJA Will Stay Out of AB 1208 Debate Top
 

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Y! Alert: Texas Lawyer


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Turning the Corner: The Worst Appears to Be Over for Texas Firms Top
Taken as a whole, the 25 highest-grossing Texas-based firms' gross revenue was flat in 2010, compared to 2009, when the total gross revenue of the 25 top firms declined by 3.7 percent. Total net income for the 25 firms also was flat in 2010, compared to 2009. Kane Russell Coleman & Logan of Dallas moved onto the top 25 list for the first time.
 
Discipline Top
A Dallas lawyer has been placed on probation for two years, a Denison lawyer has resigned in lieu of discipline, and a Bexar County lawyer has received a public reprimand, the State Bar of Texas reported recently.
 
Newsmakers Top
 
The Unarrestable Criminal Top
The unarrestable criminal is a person whose intentions are as unilateral, self-interested and destructive as any robber, but whose crimes are not defined in statutes, writes James Dolan, M.A.. The UC assumes others are resources to be exploited instead of centers of feeling, thought and intentions of their own. Instead of securing what he wants for himself in a straightforward manner, he waits to take what others have. When evaluated by intention and motive, the UC is indistinguishable from the person who violates statutes. Who is the UC in a firm?
 
Review of Orders Denying Arbitration Top
It used to be that because of a quirk in Texas law, attorneys seeking review of orders denying arbitration frequently had to do double duty and file an interlocutory appeal and a mandamus petition, writes Allyson N. Ho. But much to the relief of lawyers and clients alike, that's no longer the case.
 
Commentary: Obtaining a Temporary Injunction on a Noncompete Top
An employer's lawyer appearing in a Dallas court seeking a temporary injunction to enforce a covenant not to compete needs to be armed with the law and be aware of some strategic considerations, writes Art Lambert. The general rule in Texas is that covenants in restraint of trade are unenforceable. Texas Business and Commerce Code 15.05 declares, "Every contract, combination, or conspiracy in restraint of trade or commerce is unlawful."
 

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Y! Alert: NLJ.com: Law Firms


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Six litigators leave Mintz Levin to form IP boutique Top
Six intellectual property litigators have left Boston's Mintz, Levin, Cohn, Ferris, Glovsky and Popeo to form a Massachusetts intellectual property litigation boutique.
 
Fisher & Phillips acquires Cleveland labor shop Top
Fisher & Phillips has opened its 25th office by absorbing Cleveland labor and employment boutique Millisor + Nobil.
 
Putting the part-time pieces together Top
We speak with the co-author of Flex Success: The Lawyer's Guide to Balanced Hours about avoiding the obstacles of working reduced hours.
 
Carlton Fields entitled to be paid by convicted murderer Top
A Florida appeals court has found that Carlton Fields did not violate the rules of fair play when it represented a Florida multimillionaire convicted of plotting with his brother to kill his wife.
 
State Bar drops complaint against Dole plaintiffs' attorney Top
The State Bar of California has closed its investigation of Juan Dominguez, the lawyer at the center of a judge's finding that fraud tainted a lawsuit brought against Dole Food Co. on behalf of Nicaraguans who worked on its banana plantations.
 
Federal Circuit sanctions lawyer for improper confidentiality markings in briefs Top
The U.S. Court of Appeals for the Federal Circuit has sanctioned Katten Muchin Rosenman partner Daniel Shapiro with a $1,000 fine for the "extensive use of improper confidentiality markings."
 
Malpractice suit revived against Armstrong Teasdale Top
A federal appeals court has revived a legal malpractice lawsuit brought against Armstrong Teasdale by a former client who claims that the law firm had a conflict of interest when it represented him in developing a technology company.
 
Taking an objective measure of firms that promote women Top
There's no shortage of advocacy organizations that evaluate law firms for the flexibility of their work policies and success in advancing and retaining women, but a new effort is underway to objectively identify the firms with strong records of women in leadership positions.
 
Ice Miller sued over alleged disability insurance error Top
A former attorney at Ice Miller who was severely injured in a motorcycle crash has sued the law firm for allegedly botching the administration of his long-term disability payments.
 
Cuban prisoner released, with pro bono help from two U.S. firms Top
Six years of "back channel work" by lawyers from Sidley Austin and Hogan Lovells finally paid off earlier this month, when the Cuban government released a human rights activist from prison after more than eight years behind bars, often in solitary confinement.
 
DLA Piper hires away Edwards Angell's Wilmington office Top
The 10-attorney group in the Wilmington, Del., office of Edwards Angell Palmer & Dodge has moved to DLA Piper, which has launched its own Wilmington practice. The group of five partners and five associates will be lead by Stuart Brown.
 
'Soft bounce' in entry level associate hiring, NALP reports Top
New figures show that offer rates to summer associates rose from the historic low of 69% in 2009 to 87% in 2010. That 18% increase puts offer rates back in the ballpark of the 90% offer rates of 2008, which was the last summer program season before the financial crisis hit in earnest.
 
Suit against Boston firm over partnership stake moves into arbitration Top
A Massachusetts state court dispute between attorney John Hanify and the firm he helped found, which is now named Murphy & King, has moved to arbitration.
 
Corporate partner chosen to lead Bingham's Boston office Top
Bingham McCutchen tapped its corporate, mergers and acquisitions and securities group co-chairman Steve Browne as the new managing partner of its Boston office.
 
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.
 
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.
 

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