Law Journal 2011-04-24 ~ lawyer,attorney,legal information
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Saturday, April 30, 2011

Y! Alert: National Law Journal


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WEST COAST REPORT Top
Law firms with the largest offices on the West Coast were back in the black for the most part during 2010, with revenues edging up slightly or remaining flat. Many managed to boost profits per partner, largely due to their reduced head counts.
 
WEST COAST REPORT: Slimmed-down firms are climbing out of the ditch Top
 
WEST COAST REPORT: California boutiques capture corner of the China trade Top
 

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Y! Alert: Texas Lawyer


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E-mails Reveal Wrangling in TYLA President-Elect Race Top
On April 26, the Texas Young Lawyers Association told president-elect candidate David Courreges to cease all campaigning. The move came after his opponent, C.E. Rhodes, filed formal complaints with TYLA nominations chairwoman Cori Harbour, alleging that multiple people posted pro-Courreges messages on Facebook, an Austin publication ran a story on Courreges, and an Austin law firm endorsed him in a firm newsletter and on Facebook.
 
Bill Would Ban State Bar From Taking Position, Expending Funds on Rule Changes Top
"The state bar may not take a position or expend any funds in a manner that appears to advocate a position on a proposed rule or an amendment to a rule," under House Bill 2919, filed by Rep. Ron Reynolds, R-Missouri City. Bar President Terry Tottenham says he opposes the bill, because he thinks the elected members of the Bar's board of directors should be allowed to speak on behalf of their constituents.
 
Newsmakers Top
News about new positions, appointments, awards and new firms.
 
The Art of Persuasion: Three Factors to Consider Top
Persuasion is a process that enables one to change or reinforce others' attitudes, opinions or behaviors, according to the book "The Essentials of Power, Influence and Persuasion." Those who seek to persuade primarily focus on four critical areas: credibility, common ground, supporting information and a deep understanding of emotion, write Lisa Blue Baron and Robert B. Hirschhorn.
 
Diversity: Get in the Game Top
When Kathleen J. Wu is not being a lawyer, she watches tennis. As vice chairwoman of the United States Tennis Association's national committee on diversity and inclusion, her job is to get more Asian-Americans to play tennis. While she tries to find ways to attract more minorities to the game, she sees a parallel question about how firms can attract more minorities of every kind.
 
I Like Being a Lawyer: Vafa Faez Top
Vafa Faez lists the top five reasons he likes being a lawyer.
 
Commentary: 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. In Texas, appeals are authorized only from final orders or judgments unless an interlocutory appeal expressly is permitted by statute.
 

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Y! Alert: The Am Law Daily


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Texas and Delaware Firms Take Sides on $2.5 Billion Energy Deal
Five firms are advising various parties on a deal that will see Enterprise Products Partners reacquire former subsidiary Duncan Energy Partners.
 

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Y! Alert: The American Lawyer


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Debt Loading Top
When law schools move away from a critical aspect of their professional mission--accurately and completely informing prospective lawyers about the path ahead--the profession itself bears the ultimate consequences.
 
The Am Law 100 2011: The Am Law 100 2011 Top
The complete report.
 

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Y! Alert: Law Firms RSS - The Recorder


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Friday, April 29, 2011

Y! Alert: Law.com - Newswire


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In Valley, Associates Are Once Again in Demand Top
Cooley and Wilson Sonsini have bumped up associate salaries, restoring pay lost in the recession -- and things are booming for corporate, litigation, licensing and patent prosecution attorneys. Says one recruiter, "The demand is just extraordinary right now."
 
Spring Bonuses Pop Up at V&E, Akin Gump Top
Following a market move by large New York City firms, both Vinson & Elkins and Akin Gump will pay spring bonuses in May to associates and counsel who received 2010 year-end bonuses. Neither Texas firm has paid spring bonuses before.
 
Toyota claims survive; government report excluded from MDL Top
A federal judge has refused to grant Toyota's motion to dismiss a consolidated class action involving sudden acceleration claims, concluding in a tentative ruling that the plaintiffs had raised sufficient injuries to move forward.
 
Ninth Circuit Backs Prosecutors in Trade Secret Case Top
A split 9th Circuit has sided with prosecutors who want to use the Computer Fraud and Abuse Act to go after an executive recruiter accused of acquiring information from a work computer to start a competing business.
 
Dow Chemical and Sasol Facing Racketeering Lawsuit from Greenpeace Top
In a case that often reads like a spy movie, the first phase of discovery is moving forward in a racketeering lawsuit filed by environmental advocacy group Greenpeace against two major chemical corporations accused of overseeing secret espionage campaigns against the nonprofit.
 
Law professor charges collusion between dean and police Top
A law professor has filed a civil suit against the law school's dean and the head of the St. Paul, Minn., police union, claiming the two colluded to have her removed from the faculty due to her charges of police misconduct.
 
Chandler Retirement Spurs Speculation About Replacement Top
The Delaware legal community is abuzz with speculation about the possible successor to Chancellor William B. Chandler III, who announced his retirement last week. Two likely favorites have emerged among the candidates.
 
Virginia Attorney General Ends Relationship with King & Spalding Top
In the latest fallout from King & Spalding's decision to withdraw as counsel from the same-sex marriage litigation, Virginia Attorney General Ken Cuccinelli's office has ended its relationship with the law firm.
 
Archer & Greiner, Merging With Firm in North, Breaks 200-Lawyer Mark Top
Making good on plans to expand its practice statewide, Archer & Greiner has announced a merger that makes it the fourth-largest firm in New Jersey. Deal discussions with 31-lawyer Herten Burstein began about a year ago.
 
NIH Stem Cell Injunction Vacated by D.C. Circuit Top
The federal government can continue funding research using human embryonic stem cells, the D.C. Circuit ruled Friday, reversing a lower court injunction against the National Institutes of Health.
 
DLA Picks Up 10 Lawyers in Sacramento After Absorbing Boutique Top
DLA Piper continued its growth surge Thursday, adding 10 Sacramento lawyers from litigation boutique Stevens, O'Connell & Jacobs. Name partner Matthew Jacobs previously managed the litigation practice in DLA's Sacramento office.
 
Federal Circuit: Cease-and-desist letter alone no basis for declaratory judgment jurisdiction Top
A patent owner's cease-and-desist letter to an alleged infringer isn't enough to subject it to a lawsuit in the alleged infringer's state, the Federal Circuit has ruled, sustaining a dismissal of Radio Systems' declaratory judgment suit against Accession.
 
Crime Ties Fail to Protect Business From Tax Liability Top
The estate of a late businessman is liable for more than $4 million in back taxes on a Manhattan strip club, despite his survivors' argument that the club was so beholden to organized crime that it was unmanageable, a state tax panel has ruled.
 
Judge rules David Stern, company may be held liable for alleged worker act violations Top
A federal judge has ruled that former employees of DJSP Enterprises -- a company led by attorney David J. Stern, once known as the foreclosure king of South Florida -- can go after him personally as well as the company for allegedly violating labor laws.
 

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Y! Alert: National Law Journal


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WEST COAST REPORT
Law firms with the largest offices on the West Coast were back in the black for the most part during 2010, with revenues edging up slightly or remaining flat. Many managed to boost profits per partner, largely due to their reduced head count.
 

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Y! Alert: Court News RSS - The Recorder


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Governor Still Mum on Supreme Court Vacancy Top
Latino groups are lobbying Jerry Brown to name a Latino to the state's high court.
 
Cantil-Sakauye Delivers Fiery Attack on Trial Courts Bill Top
 
Trial Court Rights Act Pulled From Committee Top
 
Prop 8 Backers Say Walker Should Have Disclosed Sexual Orientation Top
The former judge's acknowledgement earlier this month that he's gay and in a long term relationship prompts a motion to vacate his judgment.
 
California Judges Doing Their Homework, Report Says Top
 
Capital Accounts: State Board to Probe AOC's Use of Unlicensed Contractors Top
 
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.
 
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?
 

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Y! Alert: Legal Blog Watch


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Don't Let This Be You: The Cost of Carelessly Written Pleadings and Court Papers Top
Via Legal Juice I learned of this excellent Order issued by a federal court regarding a plaintiff's Petition for Attorneys' Fees. The Order is from 2004, but I still want to highlight it here because (a) I'm pretty sure the Internet didn't exist in 2004 (did it?) so I doubt many of you have seen it before, and (b) one part of it (the last bullet below) actually made me laugh out loud while sitting alone in my office, which is not easy to do. To clarify up front, the lawyer seeking the fees and getting the brunt of the judge's criticism won the case at issue, and is said to have performed quite well in the courtroom, too. It was his 209 hours of written work product that came under the microscope, however. Defense counsel argued that the plaintiffs lawyer, who I will refer to only as "Mr. P" since the statute of limitation for sloppiness has probably expired, was not entitled to his requested fee of $300/hour "in light of the quality of his written work," and U.S. Magistrate Judge Jacob P. Hart agreed. Judge Hart explained that Mr. P's written work was careless "to the point of...
 
The Day's Three Burning Legal Questions Top
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: What the heck? My baby is 9 months old and he can't read a doggone thing. Wasn't the "Your Baby Can Read" program supposed to solve this problem? Answer: Some of your fellow non-believers have filed a class action lawsuit alleging that the television and radio advertisements for "YBCR" claims are false and misleading, so maybe you should check that out. (Abnormal Use, Recent Complaints Allege that "Your Baby Can Read" Products Do Not, in Fact, Teach Your Baby to Read 2) Question: I'm no detective, but I'm pretty sure I see a guy trying to steal 26 gallons of milk in the Wal-Mart. Is it relevant that he is wearing a cow suit while trying to pull off this heist? Answer: I think not. There appears to be no exception for cows when it comes to stealing milk. (Consumerist, Man In Cow Suit Steals 26 Gallons Of Milk From Walmart) 3) Question: The court wants me to be on the jury in a high-profile criminal case, but I have Oprah tickets during the trial! No judge would make me miss that, right?...
 

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Y! Alert: NYLJ.com


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Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
'Palazzolo' Under Attack And Law Review on Eminent Domain Top
In their Condemnation and Tax Certiorari column, M. Robert Goldstein and Michael Rikon, partners of Goldstein, Rikon & Rikon, write that a property owner's right to make reasonable use of the land does not end simply because the restrictive regulations predate the acquisition of the parcel.
 
Regulation of Lawyers Serving Sophisticated Clients Top
In his Professional Responsibility column, Hinshaw & Culbertson partner Anthony E. Davis discusses a paper developed for the ABA's Ethics 20/20 Commission titled "Proposals of Law Firm General Counsel for Future Regulation of Relationships Between Law Firms and Sophisticated Clients," and how it will open debate as to whether the current regulatory system remains viable in the digital world and the global marketplace for legal services.
 
Judge Bars Defendant's Responses to Trafficking Inquiry by Police Top
 
Retired City Lawyer Must Return Pension Overpayment, Court Says Top
 
Second Circuit Upholds Obstruction Charges Against Prison Guards Top
 
News In Brief Top
 
Mets Fan Strikes Out in Bid to Sue Team, Major League Baseball in Broken Bat Mishap Top
 
Essa Realty Corp. v. J. Thomas Realty Corp. Top
Building Owner Denied Dismissal of Nuisance Claim, Granted Dismissal of Trespass Action
 
AB v. GH Top
Fees Awarded to Wife Ruled Not Subject To Nature-of-Support Exemption
 
Estate of E. MacGregor Strauss Top
'Precautionary Addendum' Inapplicable; Adopted Children May Share in Trust Assets
 
Matter of S.B.S. v. S.S. Top
Wife Granted Reargument of Court Order, Awarded Interim Attorney's Fees
 
People v. Smith Top
Court Rules Defendant Was Properly Arrested Out of State by N.Y. Police With U.S. Marshals
 
Szalapski v. Schwartz Top
Court Questions 'Radius of Reasonable Job Search' for Father With Unique Skills
 
Bridges v. United States Top
Ether in Mixture Must Be Included In Weight for Sentencing Purposes
 
Wells v. Perez Top
Drunken Driver Denied Habeas Relief On Charges of Depraved Indifference
 
Callaway Golf Co. v. Corporate Trade Inc. Top
Golf Equipment Maker's Discovery Into Trade Credit Agreements Is Limited by Court
 
Gookins v. Garramone Top
'Rooker-Feldman' Doctrine Prevents Review Of Challenge to Ongoing Family Court Case
 
Elexco Land Services Inc. v. Hennig Top
Counsel's Failure to Diary Answer Deadline Was Careless, Not Willful; Default Set Aside
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Charging Expert Network Participants With Wire Fraud Top
David M. Siegal, a partner at Haynes and Boone, writes that the U.S. Attorney for the Southern District of New York last fall described insider trading on Wall Street as "rampant and [perhaps] on the rise," and more recently, announced that his office is "far from finished" with its ongoing investigation into alleged illicit interrelationships between so-called "expert network" referral companies and hedge funds
 

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Y! Alert: National Law Journal


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The latest from National Law Journal


Client unfit for a King Top
There is a range of strategies that big law firms have used when representing unpopular clients. Some don't give an inch. Others try to create a buffer. And in the rare extreme is the decision to drop a client.
 
Clash over Court renovation Top
A confrontation between the construction company doing the work and the government agency that oversees the project is largely over claims that the Court's insistence on quiet and decorum during the project caused millions of dollars in extra labor costs and delay.
 
Sparks fly over outage Top
A power outage in June 2008 left downtown Washington without electricity for hours. The blackout snarled morning rush hour and forced a number of offices to close, affecting as many as 12,000 customers of the Potomac Electric Power Co.
 
Toyota claims survive; government report excluded from MDL Top
A federal judge has refused to grant Toyota Motor Corp.'s motion to dismiss a consolidated class action involving sudden acceleration claims, concluding in a tentative ruling that the plaintiffs had raised sufficient injuries to move forward.
 
THE PRACTICE: Practical steps in responding to a data breach Top
Most states require companies to notify individuals if there's a reasonable basis to believe personal data were compromised.
 
OPINION: Keeping health care affordable Top
With state and federal legislators urging substantial budget cuts to agencies, the public may need to increase its reliance on private antitrust enforcement even further.
 
OPINION: In-house pro bono: States must remove the handcuffs Top
Corporate lawyers should be allowed to provide pro bono services, unsupervised, in states where they work, even if not admitted there.
 
THE NLJ 250 Top
Our annual survey of the nation's largest law firms shows that Big Law continued to shed lawyers at a brisk clip in 2010. 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. In the 34 years the NLJ has been surveying large firms to gather headcount numbers, there have never been multiyear declines of this magnitude.
 

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