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Will Microsoft's Latest IP Loss Stick?

Incisive Media

A Rhode Island federal jury on Wednesday found Microsoft Corp. guilty of infringing small Irvine, Calif.-based Uniloc's software security patents and ordered the software giant to pay $388 million -- the fifth-largest patent infringement verdict in history, according to Uniloc's lawyers at Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, who'd taken the case on contingency.

Dreier Receiver Cuts Fee Request; Cites 'Gravity' of Firm's Demise

New York Law Journal

Citing inefficiencies engendered by the "chaotic" conditions following the arrest of Marc S. Dreier and the implosion of his 250-lawyer firm, the court-appointed receiver for Dreier's assets and the legal team at Paul Weiss have agreed to lop roughly $500,000 off their customary rates, according to a fee application submitted Wednesday night. Mark F. Pomerantz said the discount "reflects in part the firm's desire to not profit unduly in light of the hardship that so many have suffered."

Chapman and Cutler Takes Harder Line on 'Underperformers,' May Reduce Salaries

The National Law Journal

Chicago-based midsize firm Chapman and Cutler is cutting additional underperforming lawyers and may reduce salaries for all lawyers amid the recession. "Sometimes you make those decisions more quickly in a difficult environment," says the firm's chief executive partner. Still, the firm is not delaying the start date for its incoming first-year associate class, he said, adding that he believes the commitment is an important one to honor.

Feds Ordered to Pay More Than $600K in Legal Fees for Misconduct in Fla. Drug Case

Daily Business Review

In the wake of a prosecutorial misconduct scandal in the corruption case against former U.S. Sen. Ted Stevens, a Miami federal judge has imposed extraordinary sanctions on federal prosecutors in Florida for secretly taping the defense team of a physician who was ultimately acquitted in a prescription drug case. Judge Alan Gold ordered the government to cover legal fees, litigation expenses and expert fees, and issued a public reprimand against the U.S. Attorney's Office for failing to properly supervise trial attorneys.

Detroit's Former Top Attorney Sues City for Alleged Reverse Discrimination, Retaliation

The National Law Journal

Detroit's former top lawyer, who was demoted for describing a local court as a "ghetto court," claims she was unfairly labeled a racist, and is suing the city for alleged reverse discrimination and retaliation. Her "ghetto court" comments were not about race, Kathleen Leavey argues, but rather about poor service, long lines and disorganization that plagues the court, which mainly serves African Americans. In Leavey's defense, her lawyer quoted from the Slang Dictionary in his complaint.

Former AutoAdmit Exec's False-Suit Claim Lives On

The National Law Journal

A lawsuit launched by a former executive of Internet discussion board AutoAdmit has survived a motion to dismiss leveled by a former Keker & Van Nest attorney and others. The ruling means that Anthony Ciolli, a University of Pennsylvania Law School graduate and former chief education director at AutoAdmit, can press ahead with his suit against Stanford Law School professor Mark Lemley, who worked as counsel at Keker, and two Yale Law School students who alleged that AutoAdmit defamed them on its discussion board.

Vedder Price Lays Off Nine Associates

The National Law Journal

Vedder Price, a Chicago-based law firm with about 250 lawyers, cut nine associates from its ranks in late March, the firm said. The dismissals, which amounted to about 3 percent of the firm's former head count, were mainly in Vedder's transactional practice area, which had slowed as a result of the recession, said Michael Ralston, a spokesman for the firm.

Woman's Bid to Assert Same-Sex Parental Rights Fails

New York Law Journal

A woman whose same-sex partner gave birth to a child does not have standing to assert parental rights after the couple broke up, a New York state appeals panel ruled Thursday. The ruling reversed a decision ordering a hearing to determine if the woman's relationship with the 5-year-old boy was tantamount to that of a parent. The panel held that Domestic Relations Law §70 is limited to "biological and adoptive parents," even though a party "may have developed a long-standing, loving and nurturing relationship with the child."

Suit by Heirs to 1950s Singing Groups Moot as N.J. Regulators Change Tune

New Jersey Law Journal

A challenge to New Jersey's Truth in Music Act by progeny of 1950s-vintage crooner groups The Drifters, The Platters and The Coasters has been dismissed, now that the state has backed off its previously broad view of the law's reach. The state conceded at a court hearing that a common-law trademark to a group's name is to be given the same force and effect as a registered mark, making it unnecessary for the performers to bill themselves as "tribute groups."

Jury Selection Questionnaire Delays Start of Trial of Socialite's Son, Lawyer

New York Law Journal

Jury selection in the trial of socialite Brooke Astor's son and a lawyer has been multi-tiered, meticulous and longer-lasting than expected. So far, 1,200 prospective jurors have cycled through a Manhattan courtroom in the effort to find 12 jurors and six alternates for the high-profile trial. The judge explained to potential jurors that the 10-page juror questionnaire he had prepared with input from the defense and prosecution required lengthy follow-ups. "I am the author of my own misery," he said.

Continuing Trend, Two More Firms Open Offices in Los Angeles Area

The National Law Journal

Boston's Edwards Angell Palmer & Dodge and Milwaukee's Gonzalez Saggio & Harlan have opened their first California offices, both in the Los Angeles area. Edwards Angell's managing partner said the firm opened the office to accommodate a specific client. Separately, Gonzalez Saggio is acquiring eight lawyers from Los Angeles-based Atkins & Evans to open an office. At least eight other firms have opened offices in Los Angeles since the economic downturn began eight months ago.

Lawyer Who Objected to BAR/BRI Settlement Dies at 62

The American Lawyer

A former McGuireWoods partner who objected to a $49 million settlement with the parent company of BAR/BRI, the largest provider of bar review courses in the U.S., has died at 62. Eliot Disner filed an antitrust suit against West Publishing and test preparation provider Kaplan when he was a partner with Van Etten Suzumoto & Becket, which merged with McGuireWoods in 2006. He was fired by McGuireWoods in 2007, less than a week after he filed a brief on behalf of three of the seven lead plaintiffs in the class action.

Targeted Ads on FTC Radar

New York Law Journal

Targeted advertising has become so prominent it is no longer flying below government radar, says attorney David Bender. The Federal Trade Commission has indicated that if the industry fails to impose reasonable self-regulation, Congress may act on the FTC's regulatory principles.

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Federal Circuit's Cautionary Tale on Frivolous Appeals

Special to Law.com

"Do not go gentle into that good night." Dylan Thomas' poem refers to raging against dying, but attorneys can take this same approach by continuing to litigate a case at all costs until the bitter end. Attorney David R. Bennett reviews a recent Federal Circuit case that cautions attorneys that some issues should stop raging on appeal and instead should go gentle into that good night; otherwise, the end will be bitter: The attorneys will be jointly and severally liable for sanctions.

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Large Law Firms Expand Their Trusts and Estates Practices

The Recorder

The recession has crushed many firms' expansion plans. But trusts and estates is one low-key practice area where some firms are still investing. Farella Braun & Martel added to its trusts and estates group with four Thelen refugees last year. Seyfarth Shaw picked up a five-lawyer group last month, and Pillsbury Winthrop Shaw Pittman, which has added a few lawyers since the beginning of 2008, plans to hire more. But hiring in the practice area isn't so easy, due to an apparent dearth of qualified associates.

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Small Firms and Solos Feel the Financial Squeeze

New York Law Journal

Feeling the pinch of erratic cash flows, many small firms and solos are slicing costs to keep their bottom lines in the black, even as they accommodate cash-strapped clients. Family law attorney Joan E. McNichol has cut back on charitable donations and fundraising dinners, and sometimes charges struggling clients only a nominal fee. Reducing budgets for charitable donations, sponsorships and client parties has become common, while some smaller firms are also eyeing expensive health care costs for cutbacks.

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