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LAW.COM Newswire Highlights March 2, 2009

By David Badertscher, PLL

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Much-Watched Judicial Recusal Case Reaches Supreme Court

The National Law Journal

The U.S. Supreme Court will hear arguments this week involving judicial recusal precedents, some nearly a century old, in the modern context of campaign contributions in judicial elections, one of today's hottest ethics controversies. At issue in the case is whether the Constitution required West Virginia Supreme Court of Appeals Justice Brent Benjamin to recuse himself from an appeal in which the president of a company seeking reversal of a $50 million jury verdict was the biggest contributor to Benjamin's campaign.

What Message Does Massive Latham Layoff Send?

The Recorder

With a six-month severance package capped at $100,000, Latham & Watkins signaled Friday it means to continue to lead the pack, even when delivering bad news. The offer to 190 associates and 250 staffers is generous by industry standards and could help Latham recruit talent when the economy improves. But some worry that the size of the layoff could hamper Latham's workforce for years. "It's a very dismal statement of their view of the economy and the likelihood of a turnaround in the short term," says one recruiter.

Some Justice Department Lawyers Have Gitmo Conflicts

Legal Times

More than a dozen new DOJ lawyers come from private firms representing Guantanamo Bay detainees, creating potential conflicts of interest as the agency begins its review of about 245 detainees. Conflict-of-interest issues are common in new administrations, but Guantanamo poses a singular challenge due to the sheer scope of legal work. About 150 separate law firms, federal public defender offices, law school clinics and nongovernmental organizations have been involved in detainee litigation.

Federal Judge Slashes Wilmer's Fees -- Again

Legal Times

Federal Judge Royce Lamberth has chopped WilmerHale's fee request for a second time in the whistleblower case Miller v. Bill Harbert International Construction, this time also awarding the firm a lecture. In his opinion knocking down the fee award from the requested $1.3 million to $730,000, Lamberth runs down a detailed list of perceived missteps, declaring in a footnote that the case was "yet another reason to proclaim that 'this is the time to get rid of the billable hour.'"

Court Filing Says Former Judge Met With Felons Twice a Month

The Legal Intelligencer

Former Pennsyvlania Judge Michael Conahan used to hold meetings about twice a month with a reputed mob boss and a common friend -- also an admitted felon -- to discuss pending court cases, according to a supplement to a King's Bench petition filed with the Pennsylvania Supreme Court on Friday. Conahan and Mark Ciavarella Jr. have pleaded guilty to charges they accepted $2.6 million in kickbacks from the owner and builder of a juvenile detention center, to which they allegedly steered juveniles.

Justice Department Settles for $18 Million Share of Smokers' $580 Million Trust Fund

Daily Business Review

The trustee of a trust fund for sick Florida smokers is prepared to settle some claims by the federal government for $18 million, freeing up the rest of the $580 million fund for smokers and their attorneys. The trustee offered two scenarios for how the money will be paid -- a quick and easy method dividing the total by about 45,000 authorized claimants for a charge of $400 each, or a belabored process of running their Social Security numbers through government benefit databases.

Sonnenschein to Shutter Charlotte, N.C., Office

The American Lawyer

Less than two years after Sonnenschein Nath & Rosenthal announced the opening of its office in Charlotte, N.C., partners voted Friday afternoon to close up shop in the battered banking center. In a statement, Sonnenschein Chairman Elliott Portnoy cited "local marketplace realities, the declining demand for legal services in the Charlotte legal and financial markets, and the needs of our financial institution clients" as reasons for the move.

What's Next for Samuel Kent in Wake of Guilty Plea?

Texas Lawyer

In September 2008, U.S. District Judge Samuel B. Kent of the Southern District of Texas spoke loudly and forcefully when entering a not guilty plea to sex abuse charges. But last week in a Houston courtroom his tone was markedly different as a clearly beaten Kent whispered "guilty" to an obstruction-of-justice charge. Kent's decision to plead guilty to the obstruction charge will cost him any chance at a standard judicial retirement salary and most likely his bar card and freedom, five experts say.

Obama Administration Moves to Dismiss Supreme Court Case Challenging Indefinite Confinement

Legal Times

Lawyers for Ali al-Marri are bittersweet over the Obama administration's decision to transplant him from a Navy brig where he was held for five years, without charge, into the civil criminal justice system. Now he and his lawyers may lose their chance to challenge before the Supreme Court the Bush administration's use of executive power to hold civilians indefinitely on American soil. On Friday, the Obama administration moved to dismiss the case, arguing that al-Marri's transfer rendered the case moot.

Is It Improper for a Lawyer to Perform Magic Tricks for a Jury?

The Legal Intelligencer

A pair of pleadings in a personal injury case have taken on a life of their own as lawyers have e-mailed them to friends for their sheer entertainment value. In a motion, plaintiffs lawyers begged a judge to forbid their opponent, Steven G. Leventhal of Reger Rizzo & Darnall, from performing magic tricks or even mentioning that he is a professional magician. Leventhal's response asked the judge to use his or her own sleight of hand to make the plaintiff's motion disappear -- with prejudice.

Justice Stevens on Oath-Taking and Dolley Madison

Legal Times

Supreme Court Justice John Paul Stevens rarely makes public appearances in Washington, D.C., outside the Court, but he made an exception last week, moderating a discussion on the 1803 landmark decision Marbury v. Madison at the Newseum. He even made a bit of news, revealing that if he had his druthers, new Supreme Court justices from now on would be sworn in at the Court, not at the White House, to symbolize the Court's independence. President Obama, take note.

Manhattan DA Morgenthau Will Not Seek Re-Election

New York Law Journal

With his wife at his side, a high-spirited Robert M. Morgenthau, Manhattan's storied district attorney, announced Friday that he will not seek a 10th term in November. "I lived up to all the promises I made and decided I better not push my luck," said Morgenthau, who turns 90 in July. A self-described "slow learner," Morgenthau said he had "figured out that I have served 25 years beyond the normal retirement age." He added that his 93-year-old brother warned "this is not a good time to be looking for a job."

House Approves $40 Million Increase for Legal Services

The National Law Journal

The U.S. House of Representatives has approved a $40 million budget increase for the Legal Services Corporation as part of the fiscal 2009 omnibus appropriations bill. LSC President Helaine M. Barnett said the additional funding would allow legal aid programs throughout the country to serve the most vulnerable at a time when they are at risk of losing their jobs, health care and shelter. The money also would strengthen oversight of grants, she added.

First Wrongful-Death Suit Filed in Buffalo, N.Y., Plane Crash

The National Law Journal

The first wrongful-death lawsuit has been filed involving a passenger of the Continental Connection commuter airplane that crashed on Feb. 12 in upstate New York, killing 50 people. Jonah Mink filed the suit in U.S. District Court on behalf of himself and his brother after their mother, Susan Wehle, was killed in the crash. The lawsuit names Continental Airlines; Colgan Air, which operated the flight; Colgan Air's parent company, Pinnacle Airlines; and manufacturer Bombardier Aerospace.

Travel Lighter With a Microprojector

Law Technology News

Tired of lifting heavy projectors into the overhead bin? With a microprojector, you'll significantly lighten your carry-on luggage and still be able to display images at your next presentation. Consultant Donna Payne surveys the most recent models on the market and picks her favorite.

Visit Legal Technology

Companies in Dangerous Position as SEC Prepares to Flex Its Muscles

The National Law Journal

The Securities and Exchange Commission's reinvigorated enforcement focus in the new presidential administration and under the leadership of new Chairwoman Mary Schapiro increases prosecution risks for public company directors. Schapiro has also instituted SEC policy changes to increase the commission's enforcement powers. Michael Dockterman, a litigation partner at Chicago's Wildman, Harrold, Allen & Dixon, discusses why boards need to boost compliance, even amid corporate budget cutbacks.

Visit In-House Counsel

Take Proactive Steps to Avoid a Layoff

Texas Lawyer

These days, associates across the country are anxiously reading about almost-daily law firm layoffs. Even though attorney layoffs have become common and very public, "stealth" layoffs remain a concern. Here are some steps that associates can take, if they have started to notice a significant slowdown at work, to avoid finding their name on the cut list -- whether the cuts are stealthy or not. Consultants Stacy Humphries and Elaine Makris also provide some tips for those who do find themselves on that list.

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Full post as published by New York Supreme Court Criminal Term Library on March 02, 2009 (boomark / email).