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: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights October 8, 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. Trump Loses Bid to Disqualify Morrison Cohen in Latest Suit New York Law Journal The widening war between Donald Trump and his former lawyers at Morrison Cohen can proceed on a new front, a New York state judge has ruled. Trump has sued Morrison Cohen twice, for allegedly overcharging him in a case and for allegedly invading his privacy by touting his name on its Web site as a past client. Now Supreme Court Justice Herman Cahn has ruled that Morrison Cohen may take on their old client on behalf of some new clients who are also being sued by Trump over the use of his name. No Big Deals for Heller Ehrman's People, Offices The Recorder Since Heller announced its dissolution, one of management's key hopes for an "orderly wind-down" has been that another firm would take hundreds of attorneys and multiple office leases in one stroke. In recent days, those hopes have been dashed. On Tuesday, the chairman of the dissolution committee now controlling the firm confirmed whispers that Baker & McKenzie and Winston & Strawn, both one-time merger candidates, had withdrawn proposals to pick up large groups of lawyers and their expensive real estate. Debating the Debates: A Q&A With Sidley Austin's Newton Minow The American Lawyer Hours before the second presidential debate, Am Law Daily checked in with Sidley's Newton Minow -- a vice chairman of the Commission on Presidential Debates and an American Lawyer "Lifetime Achiever" who has had a hand in every such exchange since the groundbreaking Kennedy/Nixon debates -- to learn more about his role on the commision and discuss this year's hotly anticipated exchanges. Supreme Court Argument Report: The Fourth Amendment, Thomas Jefferson and Barney Fife Law.com On Tuesday, the Supreme Court heard argument in two Fourth Amendment cases, one involving the application of the exclusionary rule in cases of police error and the other concerning vehicular searches incident to arrest. During the lively arguments, Justice Antonin Scalia wondered whether police officers could have searched Thomas Jefferson's carriage without a warrant, and Justice David Souter said he'd like to meet a man who could lead police on a high-speed car chase while handcuffed. Studios Win Pause on Copying The Recorder A federal judge extended a ban on RealNetworks' controversial DVD-copying software late Tuesday afternoon, saying she was not convinced that RealNetworks wasn't in violation of the Digital Millennium Copyright Act, copyright laws or an agreement it signed with an industry group while developing the software. Until those issues are resolved, Judge Marilyn Hall Patel said the movie studios would suffer more harm than RealNetworks if the temporary restraining order put in place Friday were allowed to expire. 'Massive Impasse' at the Supreme Court Legal Times It's the classic dilemma that faces parties who suddenly find themselves before the Supreme Court. Who should argue: the lawyer who has been with the case from the beginning, or a seasoned Supreme Court advocate who knows which buttons to push to win the hearts and votes of five justices? The Court created just such a dilemma Monday in its handling of motions for a case set for argument next month. As a result, says one of the lawyers involved, "we are at a massive impasse" over who will argue. Typos and Errors Lead to Slashed Fees for Attorney The Legal Intelligencer Submitting a pleading riddled with typos and other errors has cost an attorney some big bucks. A federal judge spent three pages describing the errors, and ultimately slashed the $180,000 in requested fees to about $26,000. The attorney said in an interview that he relies too heavily on spell-checking software and that he accidentally filed an unproofed draft while using an electronic filing system. Among the misspellings flagged by the judge: "plaintf," "attoreys," "reasonbale" and "Ubited States." U.S. Embassy in Budapest: Party Headquarters in Eastern Europe? Legal Times Oh, the alleged carousing at the U.S. Embassy in Hungary! The free-flowing booze. The apparently drunk government officials -- while on duty. A foreign service investigator who attended two parties at the embassy in 2004 illuminated the festivities in a complaint to supervisors. A month later, he was transferred out of Budapest. His whistleblower complaint -- an e-mail, including pictures, sent to supervisors -- was the centerpiece of a ruling Tuesday in the Federal Circuit. Former UBS General Counsel Settles Insider Trading Rap The Associated Press The former chief lawyer for UBS' investment bank has agreed to pay $6.5 million to settle an allegation that he dumped his investments in auction-rate securities after getting a company e-mail warning that the market was in trouble, New York officials said Tuesday. David Aufhauser, who resigned as the bank's GC, will give up a $6 million bonus that he had been scheduled to receive from UBS and will pay a $500,000 civil penalty but will not face criminal charges and is not required to admit any wrongdoing. Milberg Kickback Defendant Gets Three-Month Term The National Law Journal A federal judge sentenced Howard Vogel to three months in prison to be followed by two years of supervised release for his receipt of kickbacks in taking on the role of a plaintiff in suits brought by securities law firm Milberg, formerly known as Milberg Weiss. Vogel was also ordered to pay a fine of $4,000. Earlier, he forfeited $2 million and paid back taxes of $550,000 as part of a plea agreement. Following a federal probe, the law firm settled the case against it by agreeing in June to pay $75 million. Report: U.K. Banks Seek Capital Injection The Deal Three leading U.K. banks, Barclays, Lloyds TSB Group and Royal Bank of Scotland Group, are reportedly pressing the government to inject capital into the banking system and take equity stakes in struggling lenders. The British Broadcasting Corp. said the banks met Monday evening with Chancellor of the Exchequer Alistair Darling and that an injection of $70 billion to $89 billion was discussed. At least two of the banks disputed the reports, but the news drove down most bank shares. Eli Lilly Settles Zyprexa Inquiries in 32 States for $62 Million The Associated Press Drugmaker Eli Lilly & Co. cleared another legal cloud hanging over its top-selling drug Zyprexa when it announced a $62 million settlement Tuesday with several states -- but several other storms are still brewing for the anti-psychotic medication. Lilly agreed to pay 32 states and Washington, D.C., to resolve an investigation into the company's marketing practices. Lilly was accused of marketing Zyprexa for off-label uses and inadequately disclosing the drug's side effects to health care providers. Keeping EDD In-House Could Contain Costs Law Technology News Cost containment is the top concern of general counsel and law firms alike when dealing with electronic data discovery. Even with bearish pricing, the cost of a vendor-based e-discovery continues to increase annually. Keeping EDD in-house might be the best solution to save money. Visit Legal Technology Rules of Thumb to Rein in Litigation Costs and Optimize Results The Corporate Counselor For in-house counsel managing litigation matters, the hard part comes when the rubber meets the road and you actually litigate the case. Attorney Stewart Weltman provides some practical rule-of-thumb suggestions on how to rein in costs and optimize results. The more experienced the person monitoring your litigation, the more effective these rules will be when applied. Weltman covers tips for motions for summary judgment, depositions and hysteria in a bottle: e-discovery. Visit In-House Counsel Wall Street Stress for Law Grads The National Law Journal While the economic upheaval shouldn't dry up the type of government-backed loans on which many law students rely to finance their educations, there is cause for concern. Many law school graduates rely on private loans to pay their living costs while they study for the bar exam. But because banks are doling out less money to lenders, private loans are getting harder to come by, says New York Law School Dean Richard Matasar, who is also chairman of the board of directors of education lender Access Group. Visit the Career Center How Rule 502 Affects Lawyers and E-Discovery Special to Law.com President Bush last month signed into law a bill that limits the circumstances under which the inadvertent disclosure of information protected by the attorney-client privilege or the work product doctrine will result in a waiver of those protections. Chadbourne & Parke attorneys Robert Schwinger and Eric Twiste explain how the new rules are intended to reduce significantly the costs of pre-production document and privilege review, especially in cases involving electronic discovery. 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 October 08, 2008 (boomark / email).