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Bid to Create 'Private Prison' at Issue in Dreier Bail Determination

New York Law Journal

If attorney Marc S. Dreier gets his way, he soon will be released from the Metropolitan Correctional Center to his own midtown luxury apartment. But first, he has to convince federal Judge Jed S. Rakoff, who said the relatively rare issue raised two questions: Is it appropriate to permit "people with means or access to means" to effectively create their own "private prison"? And do armed private guards have the same ability to prevent a defendant's flight as a U.S. marshal or a prison guard?

Accounting Firms Take New Hits Over Madoff, Other Ponzi Schemes

The National Law Journal

A Minnesota accounting firm has been hit by lawsuits alleging that it failed to detect problems in two separate Ponzi schemes -- the purported $50 billion investment scam by financier Bernard Madoff and the $3.5 billion alleged "electronics" scheme by Thomas Petters. The suits against McGladrey & Pullen and similar suits stemming from the Madoff scandal against accounting firms KPMG, Ernst & Young and BDO Seidman point up the likely spread of litigation as financial victims attempt to recover massive losses.

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Scalia Scolds Student for 'Nasty, Impolite Question'

Legal Times

Where others fear to tread, Sarah Jeck, a 20-year-old college student, boldly stepped forward Tuesday to ask Supreme Court Justice Antonin Scalia a question he did not like during a public appearance in Florida. "That's a nasty, impolite question," said Scalia, himself an expert on tough questioning, and he at first refused to answer it. So what did Jeck ask that caused the volatile justice to erupt?

LegalTech New York 2009: Inside and Outside E-Discovery

Law.com

LegalTech attendees should revel in the number of vendor initiatives aimed at reducing costs associated with e-discovery's phases, from acquisition to review and production, says Law.com's technology editor, Sean Doherty. But they should also take note of legal tech providers outside of EDD.

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Emotional-Distress Claims Allowed in Suit Against GE Over Toxic Building

New Jersey Law Journal

A New Jersey judge has turned back an attempt to dismiss a toxic-tort suit against General Electric over a mercury-contaminated building, rejecting defense arguments that the plaintiff's expert proofs of emotional distress were inadmissible net opinions. The plaintiffs in the case are seeking damages from GE, a previous owner of the building, claiming physical injury and emotional distress allegedly caused by contamination so severe that authorities ordered them to evacuate the building.

4th Circuit Thwarts Broader FOIA Request in BlackBerry Dispute

Legal Times

The 4th U.S. Circuit Court of Appeals has delivered a setback to R&HW in its ongoing patent litigation against BlackBerry maker Research In Motion, in an opinion that hinders R&HW's push for documents. R&HW? Not a new firm. But that's how the appeals court identified Bert Rein -- a founding partner of Wiley Rein -- and Hunton & Williams in a recent opinion about the consolidated effort to squeeze documents out of the Patent and Trademark Office and the Commerce Department.

O'Melveny's White-Collar Head Joins Quinn Emanuel

The American Lawyer

While the legal industry has been stymied as a result of the economic slowdown, the lateral merry-go-round continues to turn. One of the latest examples is James Asperger, the Los Angeles-based head of the white-collar practice at O'Melveny & Myers, who is joining Quinn Emanuel Urquhart Oliver & Hedges as a partner. Asperger, a former Assistant U.S. Attorney, adds to the firm's roster of former government attorneys, including 14 former federal prosecutors.

Four Atlanta Firms Confirm Layoffs

Fulton County Daily Report

Although Atlanta's biggest law firms have not seen the wide-scale layoffs taking place in New York, California and other U.S. cities, four of the seven large Atlanta-based firms -- Alston & Bird, Sutherland, Kilpatrick Stockton and Arnall Golden Gregory -- recently confirmed layoffs of attorneys or staff. Recruiters also report seeing resumes from lawyers at all the large Atlanta firms. Said one, "We're seeing firms very quietly trying to trim the fat ... at all levels from equity partner on down."

Hagens Berman Files Second Class Action Alleging Home Appraisal Rigging

The National Law Journal

Plaintiffs law firm Hagens Berman Sobol Shapiro has filed its second class action for alleged home appraisal rigging with a new federal suit against Wells Fargo and its appraisal subsidiary. In a press release about the case, Hagens Berman says the company and its Rels Valuation subsidiary collected more than $100 million by requiring homeowners to use Rels Valuation for overpriced appraisals. Rels Valuation farmed out the work to subcontractors and billed homeowners at a higher rate, the law firm alleges.

Revenue Up at Jackson Lewis as Employment Firms Buck Trend

The American Lawyer

Last year was one of aggressive expansion for Jackson Lewis. Head count grew markedly, and the firm opened eight new offices. Even better, gross revenue shot up 20 percent, to just over $233 million. How did Jackson Lewis do it? By focusing on employment law, a practice area that appears to be recession-proof. Since the economic downturn started, employment lawyers say Fortune 100 clients call almost daily for advice on how to conduct layoffs.

Home Depot Fraud Case Grows With Two More Managers Targeted

Fulton County Daily Report

Federal prosecutors have expanded their investigation of kickbacks that enriched Home Depot managers at the company's expense to include two more former managers. Evidence developed in the course of the investigation prompted federal prosecutors last week to seek the seizure of two Georgia homes, one of them worth $2.5 million. The investigation has already resulted in guilty pleas by former Home Depot managers Anthony M. Tesvich, James P. Robinson and Ronald K. Johnston.

No Appeal in Blackwater Suit Against Wiley Rein

Legal Times

It appears the malpractice suit brought against Wiley Rein by Blackwater Security Consulting is finally, truly finished. The $30 million case against Wiley was dismissed on summary judgment by D.C. Superior Court Judge Jennifer Anderson in December. That was the second time the case, filed in January 2008, had been thrown out. Ultimately, it seems Blackwater has given up. The 30-day period to file an appeal expired last Thursday, and Blackwater's lawyer, Barry Nace of Paulson & Nace, did not appeal.

Web Analytics Reveals More Than Site Traffic

Law Technology News

Is your Web site getting the quality traffic you want? Web analytics can help you understand if a potential client's visit to your site creates a meaningful, relevant dialogue. It can also help you evaluate your online effectiveness and tailor online and offline business strategies.

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DOL Crackdown on Federal Contractors to Continue in 2009

The National Law Journal

Federal contractors can expect to face more scrutiny from the federal government this year -- and stiffer fines for discriminatory practices. So predict corporate defense counsel, responding to recent statistics that show that the Department of Labor won a record $67.5 million in settlements in 2008 for an unprecedented 24,500 workers who were discriminated against by federal contractors. The figure reflects a 133 percent increase over financial remedies obtained in 2001 by the DOL.

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Push for Judicial Pay Hikes Falters in Deepening Recession

The National Law Journal

After years of aggressively lobbying for salary raises, chief justices and court administrators in five states are backing off as unprecedented budget cuts have forced judges to accept pay freezes. Those states are Connecticut, Florida, Minnesota, Ohio and Rhode Island. In some cases, judges have spoken out against lobbying for pay increases during a major financial crisis. But judges in other states, such as Hawaii, New York, Pennsylvania and Washington, have in varying degrees resisted proposed freezes.

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Is the Work-Life Balance Tipping in Work's Favor?

The Legal Intelligencer

Work-life balance discussions, once so prevalent among firm management and young lawyers alike, have been overshadowed by the current economic environment. But have the initiatives been completely relegated to the back burner? Some say yes, that the recession could be bridging the gap between Generation X and the baby boomers, with both sides focusing more on office time and billable hours. But others see the harsher environment as an opportunity to bolster flex-scheduling or telecommuting programs.

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Commentary: Stop Political Appointees From Hiding in Plain Sight

Legal Times

Last year, the Bush administration allowed 20 political appointees to transform themselves into career civil servants. "Burrowing" is the longstanding phenomenon of political appointees, who should leave with the outÂgoing president or be forced to compete for positions to stay, instead converting to career posts at the end of a presidential administration. But the practice is illegal and has to stop, writes Jesselyn Radack, homeland security director for the nonprofit Government Accountability Project.

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