Law Journal 2011-05-15 ~ lawyer,attorney,legal information
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Saturday, May 21, 2011

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The Score: Lance Armstrong Lawyers Up...Again
Count Patton Boggs litigation heavyweight Robert Luskin as another member of Lance Armstrong's all-star legal team. Plus : A federal judge orders a possible cy pres award for retired NFL players as amici briefs are filed in the league's lockout case.
 

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Kalison McBride Joins McElroy Deutsch, Bulking Up Firm's Health-Care Practice Top
McElroy, Deutsch, Mulvaney & Carpenter is acquiring the 13-lawyer Warren health-care boutique of Kalison, McBride, Jackson & Robertson.
 
Suit Can Proceed Against Lawyer Who Closed for Fraudulent Real Estate Firm Top
A Perth Amboy lawyer who did legal work for a now-bankrupt company that engaged in a mortgage Ponzi scheme can't block a suit against him by another lawyer who says he was a victim, a Newark bankruptcy judge says.
 
Legal Services Not Protected by Charitable Immunity From Malpractice Suits Top
Charitable immunity does not shield Northeast New Jersey Legal Services or its lawyers from malpractice suits because most of its funding comes from government sources, rather than private donations, an Essex County judge holds in a case of first impression.
 
'Scant' Injury to Pru No Ground for Sealing Documents in Class Action Top
Prudential Insurance Co. can't bar disclosure of internal documents submitted in discovery in a putative class action that alleges it misled policyholders, a U.S. judge in Newark rules.
 
Discipline Recommended For Lawyer With Propensity for Holding Back Files Top
Failing to hand over a client's file after the representation ends is not the most serious of ethics infractions, but an Eatontown solo's history of such behavior may up the discipline in his case.
 
Clause Fixing State as Litigation Forum Waives Right of Federal Court Removal Top
When contracting parties agree that any dispute will be heard in the courts "of" a particular state, they waive the right to remove it to federal court, even one within the borders of that state, the Third U.S. Circuit Court of Appeals holds.
 
Christie Nominates Two Hudson Judges, Five for Regional Municipal Courts Top
Gov. Chris Christie on Monday announced nominees for the Hudson County Superior Court bench and for five municipal court seats.
 
Suing Psychologist Who Did Not Report Abuse Requires No Affidavit of Merit Top
An affidavit of merit is not needed in a suit accusing a psychologist of negligence in failing to report suspected sexual abuse of his juvenile client, a U.S. judge in Trenton rules.
 
Pro Se's Estate Litigation Reinstated Because Dismissal Notice Not Given Top
An unrepresented litigant whose complaint lacks evidentiary support is nonetheless entitled to advance notice before his suit is dismissed, a state appeals court rules.
 
Enhanced Disability Due Policeman Who Witnessed Grisly Death at House Fire Top
A rookie Montclair police officer traumatized and hospitalized for smoke inhalation after a failed rescue effort at a fatal fire should be awarded enhanced accidental disability benefits, the state Supreme Court rules.
 
Retired Prosecutors Can't Carry Guns, Appeals Court Says Top
A three-judge panel says a state statute that allows retired law enforcement officers to carry handguns applies only to retired police officers and detectives, not to lawyers formerly employed as county or state prosecutors.
 
Way Is Smoothed for Disability Claims Under New Rules for ADA Amendments Top
Across the country, labor and employment lawyers are scrambling to prepare their clients to comply with new regulations, effective on May 24, that implement major changes to the Americans With Disabilities Act
 
Crime-Based Public Pension Forfeiture Limited by Time of Offense, Court Says Top
A public official who commits an offense triggering the mandatory pension forfeiture statute doesn't lose his entire pension — only that portion of it relevant to his job at the time, a state appeals court rules.
 
Time Limit for Objecting to Lab Reports Held Tolled Until They Are Received Top
Clarifying the notice-and-demand statute that provides a 10-day window to challenge lab reports in drug-crime cases, a state appeals court says that the timetable begins to run only at the point when a defendant receives all documents related to the lab analysis.
 
Mandatory Arbitration Provision in New-Home Warranty Held Leak-proof Top
Trying to recover for construction defects under a new-home warranty can cost you your right to go to court, the Appellate Division rules in a precedential decision.
 
Flouting Mandatory Joinder Rule Draws Mixed Results in Consumer Fraud Case Top
New Jersey's entire controversy doctrine is still alive and kicking, even if it needs an adjustment from time to time. That's what the state Supreme Court gave in a ruling that fashioned a Solomonic remedy for disobedience of the mandatory joinder rule in a Consumer Fraud Act case.
 

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Friday, May 20, 2011

Y! Alert: Law Firms RSS - The Recorder


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Y! Alert: Law.com - Newswire


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Claims in E-Mail Sent Via Google Found to Be Opinion, Not Libel Top
A resort operator's attempt to force Google to turn over extensive information about the sender of an allegedly libelous email criticizing the company's treatment of native Jamaicans has been rebuffed by a New York court in a decision that grapples with the nature of libel claims in the Internet age.
 
BP Cuts $1.1 Billion Deal with MOEX to Trim Liability in Oil Spill Litigation Top
MOEX USA, which holds a 10 percent stake in the undersea well that soiled the Gulf of Mexico following the Deepwater Horizon explosion, has agreed to pay BP $1.1 billion in a deal designed to limit both companies' exposure in the oil spill litigation.
 
Plaintiffs would divide BP shareholder claims into three trials Top
Lawyers for shareholders suing BP PLC to recover losses tied to last year's Deepwater Horizon oil spill have proposed a timetable by which their cases would go to trial separately, with the first trial possible by July 30, 2012, according to court documents.
 
Morgan Lewis Stands by IMF Report on Strauss-Kahn Top
Amid Dominique Strauss-Kahn's release on bail, attention continues to focus on an earlier incident of allegedly improper conduct by the then-head of the International Monetary Fund -- and a report compiled by Morgan, Lewis & Bockius in connection with that matter.
 
Boxer has more questions for ABA about law school transparency Top
Sen. Barbara Boxer is apparently unconvinced the ABA is pushing enough for transparency about law students' job prospects. On Friday, she asked the ABA to widen the scope of pending reforms to the way law schools report job placement and salary data.
 
In D.C. Circuit, DOJ Defends Secrecy Of Cell Phone Tracking Top
Justice Department lawyers are fighting in the D.C. Circuit to keep secret the case names and docket numbers of criminal prosecutions in which the authorities tracked defendants through cell phone data.
 
Federal Judge OKs Antitrust Claims Against Huggies' Parent Company Top
Kimberly-Clark must answer claims it tried to monopolize the market for disposable baby diapers and training pants now that a federal judge has refused to dismiss allegations it dominated the market by fraudulently procuring patents and waging "sham" patent lawsuits.
 
European 'Community' Does Not Qualify as Foreign State, Judge Rules Top
Claims by the European Community that R.J. Reynolds Nabisco was complicit with black market cigarette importers and money launderers in Europe have been dismissed by a judge who found that the European Community, which has been subsumed into the European Union, is not a foreign state.
 
Ninth Circuit Revives ATS Claims Against Daimler over Argentine Violence Top
The 9th Circuit has reinstated Alien Tort Statute claims by workers at a Mercedes-Benz plant near Buenos Aires against Daimler AG in connection with a brutal crackdown on suspected union organizers in Argentina.
 
Justices Won't Review Ruling on Punitives in Failure-to-Warn Case Top
A plaintiff who developed a severe reaction to the drug Motrin can pursue a punitive damages claim against Johnson & Johnson and one of its subsidiaries after the California Supreme Court declined last week to review the case.
 
Insurance companies win $6.7 million over fraud scheme involving chiropractors Top
In four related cases, a Massachusetts court has awarded about $6.7 million to insurance companies against chiropractic clinics and their owners over their participation in a fraudulent claim scheme involving staged automobile accidents.
 
Wilson Sonsini Hires Chancery Court Chancellor for Delaware Office Top
Less than a month after Delaware Chancery Court Chancellor William Chandler III announced he would retire after 26 years, the chief judge has revealed that he will join Wilson Sonsini Goodrich & Rosati as a partner on June 18.
 
D.C. Circuit Upholds $413 Million Judgment Against Syria Over Contractors' Deaths Top
The D.C. Circuit has upheld a $413 million default judgment against Syria stemming from the beheading of two American military contractors in Iraq. Representatives of the men's estates alleged Syria facilitated the murders by providing support to Abu Musab al-Zarqawi and al-Qaida, who claimed responsibility for the killings.Visit International News
 
E-Discovery Market Predicted to Reach $1.5B in 2013 Top
Research firm Gartner says the electronic discovery market reached total revenue of $889 million in 2009 and will hit $1.5 billion in 2013. Vendor consolidation, industry standards, and a focus on data integration are all on the horizon, the analysts said. A pilot project in the 7th U.S. Circuit Court of Appeals is revealing important lessons, they added.Visit Law Technology News
 
Assessing the Legal Limits of Editorial Discretion Top
By definition, editors edit. But can an editor or publisher go too far? Chadbourne's Lawrence Savell discusses the evolving area of media law where the exercise of editorial discretion exposes an editor or publisher to legal liability to a displeased author.
 

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U.S. Secret Service Becomes Latest Victim of a 'Wrong Pipe' Tweet Top
As I noted last month, law firms getting more active on Twitter need to avoid three main types of "self-destructive" tweets. First on the list was the increasingly common "wrong pipe" tweet, which occurs when the person responsible for tweeting for a company or law firm accidentally tweets from the company's account rather than from his or her individual Twitter account. As discussed in last month's post, the American Red Cross and Chrysler have already learned about "wrong pipe" tweets the hard way. The latest victim of a "wrong pipe" tweet is an unlikely one: The U.S. Secret Service, which launched its Twitter account less than two weeks ago, on May 9, 2011. Ten days later, an unusual tweet popped up on the Secret Service's account: D'oh!! The "FOX News is blathering" tweet was almost immediately deleted, and was followed by a sheepish statement by the Secret Service explaining what had happened on its new Twitter account: An employee with access to the Secret Service's Twitter account, who mistakenly believed they were on their personal account, posted an unapproved and inappropriate tweet. The tweet contained no vulgarity, security or pertinent agency information. The tweet did not reflect the views 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: My fiance has proposed that I sign a "Spencer Plan Agreement" before we get married? What is that? Answer: Oh, that just means that you contractually agree to give your partner the full right and permission to spank you whenever they feel such discipline would be helpful. You will get ready for the punishment promptly when asked to do so, and you will ask for spankings when you feel you need them. (Associated Press, Va. businessman's spankings lead to charges) 2) Question: I smoke medical marijuana to deal with my arthritis. I'd also very much like to carry around a concealed weapon. Is that a problem? Answer: Looks like no problem. (WSJ Law Blog, Oregon Woman Wins Quest To Pack Heat & Smoke Dope) 3) Question: I read your post about about men getting stuck with huge bar bills by the "B-Girls" down in Miami. Today I woke up in a Miami taxi with a massive headache, no memory of last night and a huge painting of a woman's head beside me. Could this be the same operation? Answer: Sounds like it. Check...
 

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7 Tips to Help You Confront Your Law School Debt Top
Many law school graduates face the daunting task of paying off their student loans, notes attorney Ufot Umana Jr. He has some tips for handling the new financial demand, such as creating a budget that may even include skipping happy hour -- at least once in a while.
 
Shearman & Sterling Hikes Salary Rates for U.K. Lawyers by as Much as 15 Percent Top
Shearman & Sterling has announced salary hikes for its English-qualified lawyers, increasing pay rates for the firm's merit-based system by as much as 15 percent. The changes apply to English-qualified lawyers and those training to be English-qualified in the firm's London and Abu Dhabi offices.
 
Chinese Firms Confront Generational Gripes Over Compensation Top
The Chinese legal profession is young -- the oldest private firms date back less than 20 years -- but it is already confronting an age-old problem: how to balance the prerogatives of established senior partners while encouraging the next generation of firm leaders, especially in determining pay.
 
10 Marketing Tips for Time-Pressed Lawyers Top
At every law firm consultant Stacy West Clark has worked with, she encounters lawyers who say they'd love to market, but don't have the time. For busy lawyers, Clark provides 10 tips for marketing effectively, including a list of which marketing activities may have the biggest payoffs.
 
U.K. Firm Remodels Associate Career Structure With Performance Focus Top
London-based Barlow Lyde & Gilbert has overhauled its associate career structure and introduced a new merit-based pay system for lawyers in the U.K. The firm has divided its associate ranking into three tiers with the intention that lawyers go through all of them before becoming partners.
 
Students Try to Draw Congress Into Law School Transparency Movement Top
Though law students agree schools should be more transparent about their graduates' success in the job market, they differ on the best way to press their cause. One group is pressing for federal legislation, while another is focusing squarely on the ABA.
 
Disbarred Attorney Says Envy of Wall Street Salaries Led Him to Crime Top
A former Ropes & Gray attorney disbarred after pleading guilty to insider trading charges testified Thursday that envy of Wall Street salaries led him to a role in what became the biggest hedge fund insider trading case in history.
 
Should You Be Proud of Having Forgotten More Law Than 20-Somethings Have Learned? Top
The Rodent knows that there's a benefit to experience. Your 30 years of memory is like a legal peep show to which you can charge admission, one recollection at a time. But the Rodent notices that with age, the peep hole is getting smaller and the stage is getting farther and farther away.
 
U.C. Hastings Honors Lost Class of Japanese-American Students Top
At its graduation ceremony this month, University of California Hastings College of the Law granted honorary degrees to seven Japanese-American students who were unable to complete their studies in the 1940s because they were interned or faced other hardships during World War II.
 
Addressing the 'Diversity Deficit' at Law Firms and Legal Departments Top
In order to increase the percentage of minorities and women in the law, firms and legal departments can't just do things the way they've always been done, says Paul Williams of Major, Lindsey & Africa. He describes several essential factors of a successful diversity program.
 
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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Judge Puts Brakes on State's Cap-and-Trade Scheme Top
 
Q&A: Fenwick's Gordon Davidson Sees No Tech Bubble -- Yet Top
 
Golfers Want Say in Suit that Aims to Close S.F.-Owned Course Top
 
Feds Weigh in on Diabetes Case at State Supreme Court Top
 
Calderon Puts New Spin on AB 1208, But to What End? Top
 
Circuit Upholds S.F.'s Ranked-Choice Voting System Top
 
Viewpoint: BAR-ometer Top
Nice payday for LinkedIn GC ... Winklevoss twins richer and probably even more PO'd ... Cotchett firm and AG score big settlement
 
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.
 
Judges Walk Tightrope With Online Presence Top
Alameda County Superior Court Judge Victoria Kolakowsi is among a new wave of judges who are tweeting and friending.
 
AG, Cotchett Firm Team Up on $241M Whistleblower Settlement Top
Niall McCarthy's client filed a qui tam action against Quest Diagnostics in 2005, and the state joined three years later.
 

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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
 
Unexecuted Settlement Agreements—Are They Enforceable? Top
In his Settlement and Compromise column, Thomas E.L. Dewey, a member of Dewey Pegno & Kramarsky, writes: The question of when a settlement agreement creates enforceable obligations has, sadly but perhaps predictably, itself generated a significant amount of litigation. In particular, there are subtle but significant differences between the approach that New York state courts and New York federal courts have taken to these issues.
 
Court of Appeals Addresses Soliciting Business From Former Clients Top
In his Contract Law column, Glen Banks, a partner at Fulbright & Jaworski, discusses a recent ruling on when and how a voluntary seller of a business and its goodwill can interact with former clients, finding the seller could not initiate contact, disparage the sold firm nor tout his current business.
 
Panel Upholds Officials' Right to Block School Newspaper Top
 
Granting Divorce, Judge Backs N.Y. Recognition of Same-Sex Marriages Contracted in Other States Top
 
State Adopts Stricter Rules for LL.M. Programs for Foreign Students Top
 
News In Brief Top
 
Lawyers Ask Federal Judge to Find Iran Liable for 9/11 Top
 
Meet the New Bar Presidents: Long Island and Mid-Hudson Valley Top
 
Jayne v. Talisman Energy USA Inc. Top
Ratification Pact Not Lease Requiring Notice Mandated by §5-333(5) of Obligations Law
 
DeSantis v. Zito Top
Expert's Affidavit 'Highly Conclusory'; Movants Fail to Establish Entitlement to Judgment
 
Ramos v. 346 W. 17th St. LLC Top
Leave Is Granted to Amend Answer to Assert Cross-Claim for Contractual Indemnification
 
People v. Modesto Top
Defendant Ineligible to Have Conviction Conditionally Sealed Under CPL §160.58
 
Motor Vehicle Accident Indemnification Corp. v. Physical Medicine & Rehab of NY PC Top
Florida Law Controls, Permits Retroactive Cancellation of Policy for Misrepresentation
 
Berlly v. Gluck Top
Nursing Staff Had No Authority to Overrule Physician's Orders; Complaint Dismissed
 
Nassau Anesthesia Associates PC v. Chin Top
Provider Fails to Establish Entitlement to Full Amount Claimed From Uninsured Patient
 
Burns v. Ercole Top
Unavailable Witness' Statement Not Material, Vital to Defense; Murderer Denied Habeas
 
Krantz & Berman LLP v. Dalal Top
Court Confirms Law Firm's $470,937 Arbitral Award for Work Before Discharge as Counsel
 
Clover v. Shiva Realty of Mulberry Inc. Top
Putative Class Plaintiffs' Counsel Awarded $33,035 Under FLSA Fee Shifting Provision
 
Tailored Lighting Inc. v. Osram Sylvania Products Inc. Top
Decision Light Bulb's Patent Invalid for Lack Of Enablement Denied Reconsideration
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Free Speech and the Impact of 'Snyder v. Phelps' on New York Top
Kenneth G. Schwarz, of counsel to Cozen O'Connor, analyzes the recent U.S. Supreme Court decision holding that members of the Westboro Baptist Church were entitled to First Amendment protection for their protests at military funerals around the country where placards routinely suggest that God killed the service member because of America's sinful ways, and how the ruling will require New York courts to rethink their four-part test on the tort of intentional infliction of emotional distress.
 

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