Legal Research

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Appeals Court Rejects Recruiter's Suit Seeking Fee From Law Firm

New York Law Journal

A legal recruiter cannot collect a fee of nearly $730,000 from Blank Rome in connection with a merger the law firm first rejected and then completed with the assistance of a competing placement firm, a New York appeals court has ruled. The court concluded that a series of e-mails exchanged between Mark Bruce International and Blank Rome approximately 10 months before the Philadelphia firm joined forces with New York-based Healy & Baillie did not amount to an enforceable contract.

Supreme Court Appears Divided Over Hillary Clinton Movie in Campaign Finance Case

Legal Times

The Supreme Court's weakened support for the McCain-Feingold campaign law seemed to slip further Tuesday as the justices debated whether an anti-Hillary Clinton movie released during the 2008 presidential campaign should be regulated as a campaign advertisement or protected under the First Amendment. The oral argument yielded few signals about how the case would come out -- until the government's defense of the law raised the specter of prohibitions being placed on book publication in some circumstances.

No Easy Answers in Wolf Block's Demise

The Legal Intelligencer

The legal community has been speculating about the "why" behind Wolf Block's collapse. Some point as far back as 1985, when Howard Gittis left as leader of the firm, as the start of the downfall. Others cite partner defections in the 1990s, a heavy reliance on its real estate practice, two failed merger attempts, or a lack of leadership in the last year. Chairman Mark L. Alderman said there is no question that in any other economy or any other credit environment, the dissolution would not have happened.

Ernst & Young Settles With HealthSouth Shareholders for $109 Million

The American Lawyer

HealthSouth shareholders, represented by lead counsel from Coughlin Stoia, announced a $109 million settlement Tuesday with Ernst & Young, which was the company's accountant. The settlement is about a quarter of the size of the deal that shareholders reached some years ago with HealthSouth itself, but Patrick Coughlin said he's pleased with the result. "As far as accountants go, this is one of the top settlements ever," he said. The settlement comes days before a scheduled class certification hearing.

Wal-Mart En Banc Session Packs House

The Recorder

A feisty 9th U.S. Circuit Court of Appeals on Tuesday peppered lawyers for Wal-Mart and a gigantic class suing over gender discrimination, with neither side emerging as the clear victor. Playing to a packed house, lawyers for both sides ran into skepticism from the federal appeals court. The case, with hundreds of thousands of potential plaintiffs, has been widely watched by several sections of the business community and the bar.

Football Fan's Suit Over Rival Team's Secret Taping of Signals Thrown Out

New Jersey Law Journal

A New Jersey federal judge has dismissed a New York Jets fan's putative class action over the New England Patriots' secret videotaping of rival coaches' signals, holding that tickets carry no guarantee that teams will abide by NFL rules. New Jersey solo and Jets season ticket-holder Carl Mayer claimed the taping violated the rights of fans who "contracted for a ticket to an honest match." The Jets themselves, though the victims of the signal-snatching, opposed the suit in an amicus curiae brief.

Justices Reject Ineffective Counsel Claim Over Dropped Insanity Defense

The Associated Press

A unanimous Supreme Court on Tuesday ruled that a convicted killer whose lawyer persuaded him not to pursue an insanity defense does not deserve a new trial. The decision overturns a 9th Circuit ruling that said the lawyer was so ineffective that his client's first-degree murder conviction could not stand. Justice Clarence Thomas wrote that the lawyer, in urging his client to drop the insanity plea, "merely recommended the withdrawal of what he reasonably believed was a claim doomed to fail."

Medicaid Suit Could Determine Who Decides Care: Doctor or State

Fulton County Daily Report

State governments and Medicaid plan administrators have shown keen interest in a case argued before the 11th Circuit on Tuesday that could determine whether doctors or state officials get to decide how much medical care a Medicaid recipient needs. At issue is whether the state of Georgia properly reduced the number of hours of care that a young disabled girl receives in her home. The girl's mother filed suit in 2007 after the state told her it was reducing the number of hours from 94 a week to 84.

McCarter & English Takes Life Sciences Team From Boston IP Boutique

The National Law Journal

McCarter & English has poached a 12-member life sciences team -- eight attorneys and four patent agents -- from Boston IP boutique Lahive & Cockfield. The group will expand McCarter's life sciences expertise in New England, said McCarter's intellectual property/information technology practice chairman. Nine of the 12 group members leaving Lahive, which is known for its flexible work arrangements and strong record of promoting female attorneys to partnership ranks, are women.

Study Finds ABA Ratings Biased

The National Law Journal

Just as the American Bar Association is resuming its role of evaluating candidates before their nominations, a new study by three political scientists alleges what conservative groups have long charged: The ratings are biased against conservatives. Richard Vining of the University of Georgia, Amy Steigerwalt of Georgia State University and Susan Smelcer, an Emory University doctoral candidate, will present their findings at a Chicago conference in April.

Obama Taps Yale Law Dean for Legal Adviser to State Department

Legal Times

President Barack Obama has announced his choice for another key legal post in his administration. Harold Koh, dean of Yale Law School, is Obama's pick for legal adviser to the State Department. If confirmed, Koh will counsel Yale alum Secretary of State Hillary Clinton on all domestic and international legal questions that arise in the course of her work, and he'll have a hand in formulating and implementing U.S. foreign policies.

Chicago's Arnstein & Lehr to Absorb Seven-Lawyer Florida Firm

The National Law Journal

The Chicago law firm Arnstein & Lehr is absorbing the seven-lawyer, Coral Gables, Fla.-based Fieldstone Shear & Denberg as of April 1, expanding its presence in that southern state. Arnstein & Lehr will have 143 attorneys after the addition, including 50 in Florida, with the bulk of the new attorneys joining the firm's Miami office.

Former Judge Convicted of Indecent Exposure Seeking Benefit Reinstatement

The Associated Press

A former Oklahoma judge who was convicted in 2006 of indecent exposure after witnesses testified he used a sexual device in court is now appealing a state agency ruling that revoked his judicial retirement pay. Donald D. Thompson was getting $7,789 a month when his benefits were cut off on the grounds that his conduct violated his oath of office.

Rep. Frank Calls Justice Scalia a 'Homophobe' in Interview

The Associated Press

Massachusetts Rep. Barney Frank called Supreme Court Justice Antonin Scalia a "homophobe" in a recent interview with a gay news Web site. The Democratic lawmaker, who is gay, discussed his expectation that the high court would some day be called upon to address the gay marriage issue. "I wouldn't want it to go to the United States Supreme Court now because that homophobe Antonin Scalia has too many votes on this current Court," Frank said.

Allen & Overy Partner to Join Quinn Emanuel

New York Law Journal

Quinn Emanuel has announced that derivatives and structured finance expert Daniel Cunningham is joining the firm's partnership. Cunningham, co-head of the global U.S. practice at Allen & Overy, will move to Quinn's New York office on July 1. The addition of Cunningham, a transactional attorney, does not signal a departure from the firm's litigation-only model, managing partner John Quinn said in a statement, but is part of an effort to expand the firm's litigation capabilities.

What to Do When Vendors Start Falling

The National Law Journal

In the current economic downturn, law firms can mitigate the risk of loss of services that can arise from dealing with financially at-risk electronic discovery vendors. Ask the right questions and use appropriate contractual provisions to manage the unexpected changes affecting vendors.

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Reducing the Costs of Privilege Reviews and Logs

The National Law Journal

Federal Rule of Evidence 502 was intended to provide a remedy for the increasing costs of protecting privilege. But will it reap the cost savings intended, and if so, how? The answer lies in the willingness of litigants to take advantage of the rule's protections, which, if used strategically, may help alleviate much of the costs and burdens of both privilege review and logging, say attorneys Jeane A. Thomas, David D. Cross and Courtney Ingraffia Barton.

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No Shortage of Anxiety Among Law Students at Job Fair

Fulton County Daily Report

The mood at a recent Georgia job fair for law students was understandably more anxious than usual. "It's looking awful out there," said one 3L, William D. Corriher, who is seeking a job in public interest law. "The competition is fierce," he said, and his worry was echoed by almost all of the 2Ls and 3Ls interviewed. One positive from the job fair: federal agency representatives who had no current openings were hopeful that the federal stimulus package would create new legal department openings.

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Chimp Attack Case Could Break New Legal Ground

The Connecticut Law Tribune

Everyone knew that after a chimpanzee mauled a Connecticut woman, causing near-fatal injuries, a huge lawsuit was coming. Now Connecticut lawyers are watching to see if the case breaks new ground in state tort law. The plaintiff is seeking $50 million in damages, and her lawyers argue that the chimpanzee's former owner is strictly liable for owning a wild animal, and that she was negligent and reckless for doing so. But the attorney representing the former owner says strict liability doesn't apply.

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Defunct Small Firm's Suit Proceeds Against Poacher Firm

New Jersey Law Journal

A New Jersey judge has granted defunct law firm Ravin Sarasohn the right to pursue a rare case claiming that firm Lowenstein Sandler was complicit in the theft of confidential information, used it to woo key defectors and caused Ravin Sarasohn's demise. The judge rejected Lowenstein Sandler's argument that a ruling in a related arbitration favoring one of the defecting partners estopped Ravin Sarasohn and mandated dismissal of the claim. A lot more could happen to derail the trial scheduled for April.

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