Law Journal 2011-08-28 ~ lawyer,attorney,legal information
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Friday, September 2, 2011

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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
 
'Brady' Obligations: Codification and Clarification Top
In their White-Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer members Elkan Abramowitz and Barry A. Bohrer write that although the DOJ has undertaken to handle prosecutorial misconduct related to non-disclosure internally, practitioners question whether the government properly can police itself with respect to such matters, and they advocate for substantive change. The latest attempt at external reform comes from the National Association of Criminal Defense Lawyers.
 
Duty of Loyalty to Former Clients Top
In his Professional Responsibility feature, Hinshaw & Culbertson partner Anthony E. Davis analyzes a recent California case, Oasis West Realty LLC v. Goldman, which has generated an extensive debate around the country because of its potentially broad implications for attorney-client relationship.
 
Retrial to Consider Victim's Role in Causing Injuries on Subway Top
 
Work of Administrative Law Judges Generates Concern About Disparities Top
 
Judge Says He Will Decide Law in Challenge to Indian Casino Top
 
Irene's Aftermath Continues to Hamper Some Courts Top
 
Government Sues 17 Banks Over Risky Mortgages Top
 
Federal Judge Says 'Hunch' Not Enough for Car Stop Top
 
Court Denies Disability Benefits Over Alcohol, Drugs Top
 
Lynch Assumes Vice Chair of U.S. Attorney's Panel Top
 
New Review of Attorney Demographics Shows Slow Growth in Firm Diversity Top
 
Parmalat Lawsuits Stay in New York Top
 
9/11-Related Calendar of Events Top
 
Hillside Manor Rehabilitation & Extended Care Center LLC v. Dallu Top
Order Modified Granting Partial Judgment On Claim Seeking to Recover Under DCL §273
 
Matter of Adamczyk v. Mohr Top
Unanimous Panel Reverses Court's Order That Residency Requirement Unconstitutional
 
Mehta v. Chugh Top
Filing of Appeal Does not Stay Underlying Orders; Court Adheres to Original Decision
 
Moykher v. Mahoney Cohen & Co. PC Top
Employee Denied Reargument of Dismissal Of Age Discrimination Suit Found Untimely
 
State of New York v. Winkle Top
Firm Permitted to Withdraw for Clients' Failure to Pay Legal Fees for Over Two Years
 
Matter of Joanna K. Top
Waiver of Certification Requirement Of Prospective Adoptive Parents Denied
 
Erchonia Corp. v. Bissoon Top
Untimely, Inadequate Notice Did Not Allow Firm To Tailor Discovery, Defend Advertising Claim
 
Eatoni Ergonomics Inc. v. Research In Motion Corp. Top
Keyboard Maker Denied Reconsideration Of Arbitral Awards for 'BlackBerry' Maker
 
Cohalan v. Genie Industries Inc. Top
'Similar Products' Discoverable in Liability Suit Even if Not Identical to Product At Issue
 
Song v. 47 Old Country Inc. Top
Likely Success on Wage Claims Shown, But Not Fraudulent Intent in Assets' Disposition
 
Spread Spectrum Screening LLC v. Eastman Kodak Co. Top
Infringement Suit Stayed Pending Patent's Re-Examination; Party May Seek Depositions
 
Outside Counsel: Proposal to Amend Rule 11 Introduced in Congress Top
Ann M. Odelson and Timothy B. Parlin of Carroll, McNulty & Kull discuss whether the amendment to Rule 11, which attempts to reduce frivolous lawsuits, will be enacted, and how without the serious threat of punishment for filing these lawsuits, innocent individuals and companies will continue to face the harsh economic reality that simply paying off frivolous claimants is often cheaper than litigating the case.
 

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Y! Alert: NLJ.com: Law Firms


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California attorney convicted of accepting bribe Top
A California attorney has been convicted on charges that he accepted $50,000 in cash from the target of a federal investigation in exchange for convincing his client, a witness, to lie to the grand jury.
 
THE CAREERIST: Judge Preska and work/life balance Top
Whether or not you agree with Southern District of New York Chief Judge Loretta Preska's opinion in the Bloomberg L.P. discrimination case, it's a must-read for any woman who works in a pressure-cooker profession like law or finance.
 
MOVERS Top
James O'Brien joins Gibson, Dunn & Crutcher's real estate practice as of counsel to the San Francisco office. Plus more law firm movers in this week's column.
 
SOCIAL MEDIA: Richard Susskind on social media, legal marketing and "irrational rejectionism" Top
A conversation with the author of The End of Lawyers about his perceptions of social media, marketing for law firms and the future of the legal industry.
 
Discovery sanctions still on the table in MGA's fee dispute with O'Melveny Top
Bratz doll manufacturer MGA Entertainment Inc. could still face discovery sanctions in a $10.2 million billing dispute with its former law firm, O'Melveny & Myers, despite having dropped its malpractice claims.
 
Insurers demand a piece of MGA's $141 million legal fees and costs award Top
The insurance companies that paid the legal costs associated with MGA Entertainment Inc.'s successful court battle with Mattel Inc. are seeking to recover a portion of the $141 million in attorney fees and costs awarded to the Bratz doll manufacturer.
 
Hagens Berman attacks 'copycat' Apple antitrust claims Top
Hagens Berman has moved to intervene in at least five "copycat" lawsuits in federal court in New York. The firm said it hopes to consolidate all the litigation in the Northern District of California, where it is pursuing a price fixing case against electronic book publishers and retailers.
 
Judge stalls Prius headlight settlement, citing 'big problem' with fees Top
A federal judge, citing concerns about a request for attorney fees, has put the brakes on a proposed class action settlement between Toyota Motor Corp. and nearly 300,000 owners and lessees of Prius hybrids who claimed that their headlights were defective because they intermittently shut off.
 
Stock scam ensnares attorneys Top
Three lawyers, including a former Nixon Peabody counsel, have pleaded guilty in Washington federal district court to crimes stemming from a long-running securities probe.
 
Lobbying for reform Top
Washington lobbyists are gearing up to make their cases to Congress this fall for lobbying reform. With several proposals crafted or in the works, including one on Capitol Hill, it looks as though they'll have a lot to discuss.
 
Making their mark in D.C. Top
A crop of law firms specializing in trademark filings has popped up in the Washington area during the past few years, and they've quickly become important players in the field.
 
MGA drops malpractice claim against O'Melveny Top
Bratz doll manufacturer MGA Entertainment Inc., facing potential discovery sanctions in a claim for $10.2 million in unpaid legal fees, has agreed to drop malpractice claims against its former law firm, O'Melveny & Myers, and three of its lawyers.
 
OPINION: Federalism and medical malpractice reform Top
In challenging damages caps, the AAJ is both opposing and inviting federal intervention in state law matters.
 
MOVERS Top
Debra Clark joins Dykema Gossett's corporate finance practice as partner in the Chicago office. Plus more law firm movers in this week's column.
 
THE CONNECTED LAWYER: Success in 15 minutes per day! Top
Many expect some trick from social media: some series of tweets or LinkedIn participation that will guarantee a steady flow of new clients. But real success through social media requires real work.
 
After earthquake, D.C. legal world heading back to normal Top
Courts, law firms, government agencies and other offices in downtown Washington were set to reopen Wednesday morning following Tuesday's 5.8-magnitude earthquake, which sent workers onto the sidewalks and, in many cases, home for the rest of the day.
 
Former Acting Solicitor General Katyal to join Hogan Lovells Top
Former acting Solicitor General Neal Katyal will be joining Hogan Lovells, a Washington-based partner confirmed Monday. He will work in the firm's appellate group.
 

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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
 
'Brady' Obligations: Codification and Clarification Top
In their White-Collar Crime column, Morvillo, Abramowitz, Grand, Iason, Anello & Bohrer members Elkan Abramowitz and Barry A. Bohrer write that although the DOJ has undertaken to handle prosecutorial misconduct related to non-disclosure internally, practitioners question whether the government properly can police itself with respect to such matters, and they advocate for substantive change. The latest attempt at external reform comes from the National Association of Criminal Defense Lawyers.
 
Duty of Loyalty to Former Clients Top
In his Professional Responsibility feature, Hinshaw & Culbertson partner Anthony E. Davis analyzes a recent California case, Oasis West Realty LLC v. Goldman, which has generated an extensive debate around the country because of its potentially broad implications for attorney-client relationship.
 
Nassau Prosecutors Ask Judge to Revisit Allegations in Opinion Top
 
Referee Says Prince Should Pay $4 Million to Perfume Manufacturer Top
 
Despite Old Ruling, Chevron Cleared to Challenge Ecuadorean Courts Top
 
Goldman Sachs to Stop Disputed Mortgage Practices Top
 
Man Loses Bid to Evict Ex-Wife From Apartment Top
 
New York Judge Hears Issues Raised by Hotel Contract Dispute in Hawaii Top
 
9/11-Related Calendar of Events Top
 
Hillside Manor Rehabilitation & Extended Care Center LLC v. Dallu Top
Order Modified Granting Partial Judgment On Claim Seeking to Recover Under DCL §273
 
Matter of Adamczyk v. Mohr Top
Unanimous Panel Reverses Court's Order That Residency Requirement Unconstitutional
 
Mehta v. Chugh Top
Filing of Appeal Does not Stay Underlying Orders; Court Adheres to Original Decision
 
Moykher v. Mahoney Cohen & Co. PC Top
Employee Denied Reargument of Dismissal Of Age Discrimination Suit Found Untimely
 
State of New York v. Winkle Top
Firm Permitted to Withdraw for Clients' Failure to Pay Legal Fees for Over Two Years
 
Matter of Joanna K. Top
Waiver of Certification Requirement Of Prospective Adoptive Parents Denied
 
Erchonia Corp. v. Bissoon Top
Untimely, Inadequate Notice Did Not Allow Firm To Tailor Discovery, Defend Advertising Claim
 
Eatoni Ergonomics Inc. v. Research In Motion Corp. Top
Keyboard Maker Denied Reconsideration Of Arbitral Awards for 'BlackBerry' Maker
 
Cohalan v. Genie Industries Inc. Top
'Similar Products' Discoverable in Liability Suit Even if Not Identical to Product At Issue
 
Song v. 47 Old Country Inc. Top
Likely Success on Wage Claims Shown, But Not Fraudulent Intent in Assets' Disposition
 
Spread Spectrum Screening LLC v. Eastman Kodak Co. Top
Infringement Suit Stayed Pending Patent's Re-Examination; Party May Seek Depositions
 
Outside Counsel: Proposal to Amend Rule 11 Introduced in Congress Top
Ann M. Odelson and Timothy B. Parlin of Carroll, McNulty & Kull discuss whether the amendment to Rule 11, which attempts to reduce frivolous lawsuits, will be enacted, and how without the serious threat of punishment for filing these lawsuits, innocent individuals and companies will continue to face the harsh economic reality that simply paying off frivolous claimants is often cheaper than litigating the case.
 

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Y! Alert: All News RSS - The Recorder


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Y! Alert: Corporate Counsel


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The latest from Corporate Counsel


The Legal Ins and Outs of Post-Disaster FEMA Aid Top
As the post-Irene cleanup continues, former Federal Emergency Management Administration GC and FEMA Law Associates founder Ernest Abbott discusses the lawyer's role in disaster-related contracts and reimbursements.
 
Senator Al Franken Continues to Pursue Rating-Agency Reform Measures Top
Leaving it to David Letterman and Jon Stewart to make jokes about the ups and downs of credit-rating agencies like Standard & Poor's, Moody's, and Fitch, Minnesota Senator Al Franken is calling for serious oversight of the raters.
 
Quinn Emanuel Opens D.C. Office to Be Closer to ITC Top
Litigation firm Quinn Emanuel Urquhart & Sullivan is starting a new office in D.C. to serve, at least initially, one purpose: handling intellectually property matters before the International Trade Commission.
 
The Crowning Achievements of Miss Universe GC Andrea Berner Top
What other general counsel job involves rubbing elbows with the world's most beautiful people and taking work-related trips to such destinations as Las Vegas and São Paulo?
 
Despite Old Ruling, Chevron Cleared to Challenge Ecuadorean Courts Top
Chevron is not judicially estopped from challenging the fairness of the Ecuadorean judicial system as it fights the enforcement of a multi-billion dollar environmental damage award, Southern District Judge Lewis A. Kaplan has ruled.
 
Ruling Leaves Silicon Valley Lawyers Wondering Whether 'Practicality' Means 'Patentable' Top
The Federal Circuit U.S. Court of Appeals ruling in CyberSource v. Retail Decisions leaves room for debate about what kinds of business methods can be patented, thanks to one word: practicality.
 
Trademark Holders Face an Explicit Problem With .XXX Web Domain Top
As ICANN's expansion of top-level internet domains goes into effect, the keepers of corporate trademarks are going to need to have an unusual conversation in the next few weeks: "What should we do about the .xxx domain?"
 
The Four Horsemen of the Apocalypse, Class of 2011: IPv6 Top
The third in a series of columns exploring the Four Horsemen of the Apocalypse, circa 2011: The cloud; data security in the new world of recreational hacking; IPv6; and the new rules for gTLDs, a quartet that keeps in-house lawyers awake at night.
 
Examining the Evolving 'Power' of Today's General Counsel Top
A new study by University of Oxford Saïd Business School professor Mari Sako probes the disruptive forces at play in a business environment that is changing the power profile of GCs in an array of industries.
 
Making Your Privacy Policy Comprehensive and Comprehensible Top
Most businesses collect and use personal information every day, and make privacy promises while doing so. Unfortunately, the FTC has found that most corporate privacy policies are "incomprehensible," and that "consumers typically do not read, let alone understand" these privacy disclosures.
 
From the Experts: Register Before You Leap Top
Many companies and their in-house counsel comment on China's inability and unwillingness to protect foreign companies' trademark rights. In most cases, companies fail to ask the most important and basic question: Do they really have a trademark in China?
 
Moves: Nicholas Eldred Goes from BBC GC to Christie's Counsel Top
Stepping from the telly to the auction block, Nicholas Eldred is departing his general counsel post at the British Broadcasting Corporation to become group general counsel at Christie's, the international auctioneer.
 
Wal-Mart Associate GC Joseph West Moving on to Lead MCCA Top
Joseph West, associate general counsel for Wal-Mart Stores, Inc., is leaving his post to become president and CEO of the Minority Corporate Counsel Association, effective September 12.
 
Q&A: Incoming Recording Industry Chief Sherman Targets Piracy Top
In September, the Recording Industry Association of America gets a new leader, Cary Sherman, who has been the group's president for the past 10 years after serving a previous stint as its general counsel.
 
Moves: Kristin Campbell Makes Herself at Home at Hilton Worldwide Top
Recently, Hilton Worldwide has moved its HQ from Beverly Hills to the suburbs of Washington, D.C.; grown exponentially in emerging markets like Saudi Arabia and China; and hired a new general counsel, Kristin Campbell.
 
Drinker Biddle's Gregg Melinson Going In-House at HP Top
Drinker Biddle & Reath partner Gregg Melinson talks about his cross-country move from Pennsylvania to California, to serve as Hewlett Packard's deputy general counsel and vice president of global government affairs.
 
Best Legal Department 2011 Video: Wellpoint Top
CorpCounsel.com reporter Shannon Green talks to general counsel John Cannon from Best Legal Department 2011 Finalist Wellpoint.
 

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