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: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights September 30, 2008

By David Badertscher, PLL

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If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service. Mukasey Appoints Special Prosecutor to Investigate U.S. Attorney Firings Legal Times Attorney General Michael Mukasey has appointed a special prosecutor to investigate the 2006 firings of U.S. Attorneys, as a report released Monday by DOJ watchdogs found "significant evidence" that several of the fired attorneys were let go for partisan or political reasons. The report also describes then-Attorney General Alberto Gonzales and Deputy AG Paul McNulty as "remarkably unengaged" in the firing process and cites both for "inconsistent, misleading and inaccurate" public statements about the firings. Welcome to the Future: Law After the Boom The American Lawyer Contrary to some law firms' expectations, the boom that they enjoyed during the last 15 years has turned out to be unsustainable. So says entrepreneur and lawyer Paul Lippe, in his inaugural column for The Am Law Daily. Lippe considers what will happen now that the boom has ended and law firms have discovered that they, too, must obey the laws of gravity. Cephalon to Pay $431 Million to Settle Whistleblower Suits The Legal Intelligencer To resolve a spate of whistleblower lawsuits, drug manufacturer Cephalon has agreed to pay $431 million in civil and criminal fines for illegally promoting "off-label" uses for three of its drugs, federal prosecutors said. In a global settlement with the DOJ, Cephalon agreed, in part, to pay $375 million to settle claims by the Medicaid and Medicare trust funds and to plead guilty to a misdemeanor criminal charge of distribution of misbranded drugs and pay $50 million in fines and forfeiture. Williams & Connolly Ends 22-Year Lateral Partner Ban The American Lawyer Williams & Connolly is arguably the most exclusive club in the nation. You basically have to be born at its front door to be admitted to partnership. But the firm just made an exception for Kannon Shanmugam, a former assistant to the U.S. solicitor general and now Williams & Connolly's first lateral partner hire in 22 years. So how did Shanmugam make the cut? Facebook Surprises by Naming GOP Insider Its New GC The Recorder Facebook has hired a GOP insider as its new GC, surprising scores of Silicon Valley lawyers who'd been vying for the hottest in-house gig in town. The social networking site announced Monday that its legal department will be led by Theodore Ullyot, a Kirkland & Ellis partner who has worked in the Bush White House and the Gonzales Justice Department. In fact, Ullyot's policy background may be a big reason why Facebook chose him over more traditional Silicon Valley types. Thelen's China Practice Joins Pillsbury The Recorder Thelen's 20-attorney China practice has joined Pillsbury Winthrop Shaw Pittman. The team is led by partners Thomas Shoesmith, head of Thelen's Shanghai office; Mary Utterback; Joseph Tiano Jr.; and Louis Bevilacqua. The team includes three of counsel and 13 associates working out of offices in Shanghai, Washington, D.C., and San Francisco. The loss of the practice comes amid widespread rumors that Thelen's merger talks with Nixon Peabody have been called off. N.J. Judge Reprimanded for Foul-Mouthed Harangues From Bench New Jersey Law Journal New Jersey Judge F. Michael Giles judge has been reprimanded for directing profanity-laced invective at lawyers and litigants on multiple occasions. The state Supreme Court followed the Advisory Committee on Judicial Conduct's recommendation that Giles not be suspended, based on findings that he was suffering from health problems and personal family tragedies at the time his outbursts occurred. Giles did not contest the presentment and waived his right to a hearing before the court. Ex-CIA Official Pleads Guilty to Wire Fraud The Associated Press A former high-ranking CIA official has pleaded guilty to abusing his influence within the agency to direct lucrative contracts toward an old friend who showered him with tens of thousands of dollars worth of gifts. Kyle "Dusty" Foggo struck a deal in federal court, pleading guilty to a single count of wire fraud for "depriving the United States and its citizens of their right to his honest services." Prosecutors dropped 27 other counts and agreed to seek a prison term no longer than three years and a month. Mortgage Lenders Fight Off Rescission Class Action in 7th Circuit The National Law Journal In a boon for the mortgage lending industry, the 7th Circuit has ruled that the Truth in Lending Act does not allow for rescission of mortgages on a class action basis. The court said the "personal character of the [rescission] remedy makes it procedurally and substantively unsuited to" class actions. An attorney for defendant Chevy Chase Bank noted that although the circuits are consistent in disallowing class action status for rescissions, district court judges nationwide have recently split on the issue. Eat Movie Popcorn at Your Own Risk of Unpopped Kernels, Judge Says New York Law Journal Moviegoers beware: the popcorn you munch during the show probably will not be perfectly popped. A Manhattan civil court judge offered that warning last week as he ruled that an insurance broker who broke a tooth on an unpopped kernel while watching a movie could not recoup $1,250 in dental costs from the theater. The judge found that the plaintiff's expectations that the theater "remove the offending kernels ... or at least notify patrons of the dangers of encountering them" were unreasonable. Former Fed General Counsel Joins Sullivan & Cromwell New York Law Journal Sullivan & Cromwell has recruited as senior counsel a former chief lawyer for the Federal Reserve Board. Virgil Mattingly was general counsel of both the Fed and its open market committee from 1989 until his retirement in 2004. Previously in his 30-year career with the Fed, Mattingly served as deputy GC and head of the legal division's banking structure section. State Wants Closer Look at Nude Dancing as Legal Art Form The Associated Press The Iowa attorney general's office said Monday it has asked the state Supreme Court to review a court ruling that nude dancing is a legal art form. In the case, a strip club owner was charged with violating public indecent exposure law after a 17-year-old girl climbed on stage and stripped off her clothes. The judge ruled that a strip club is protected under state law allowing nudity in any "theater, concert hall, art center, museum or similar establishments" devoted to the arts or theatrical performances. Did a Former GE Attorney Leak Confidential Information? Corporate Counsel General Electric has sued a one-time staff attorney, claiming that she took privileged company tax documents and gave them to two government agencies and a reporter. The materials apparently described an alleged tax fraud scheme by a GE division in Brazil. Adriana Koeck was a commercial counsel for the company until she was fired "for performance reasons," states GE's suit, which seeks an injunction restraining Koeck from disclosing privileged information and compensatory damages in excess of $100,000. Visit In-House Counsel Commentary: Part-Time Lawyer Dads Are Still a Rare Bird The American Lawyer Twenty years ago, a father who took paternity leave was the stuff of urban legend. Times have changed, but just a bit, says attorney Denise Howell, and though it's one thing for men to be less reticent about taking a week or two off work, it's another to change a culture. While more men -- more than none, anyway -- take paternity leave, they still don't push for the same reduced hours and extended-leave options as their female colleagues, says Howell, as they pursue the traditional breadwinner role. Visit the Career Center Law.com 120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC Customer Service Phone: (877) 256-CIRC

Full post as published by New York Supreme Court Criminal Term Library on September 30, 2008 (boomark / email).