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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights April 24, 2009
By David Badertscher, PLL
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$49 Million BAR/BRI Deal OK'd, but Fees Back in Play
The Recorder
Law students and others who purchased the BAR/BRI preparation course for state bar exams will get to keep the $49 million settlement they reached with the course makers in 2007. But attorneys who worked on their behalf will now return to federal court in California to hash out disagreements over millions of dollars in attorney fees, following a Thursday ruling from the 9th U.S. Circuit Court of Appeals.
House Members Push Supreme Court Toward Transparency
Legal Times
At the annual House hearing to consider the Supreme Court's budget request, Justices Clarence Thomas and Stephen Breyer could have been forgiven if they started to think they'd been hit by a coordinated attack from wild-eyed techies. Members of the appropriations subcommittee told the justices that the momentum toward openness that the Internet has created is so strong that the Court would be wise not to resist it. Suddenly, dressed in high-tech clothes, the old debate over cameras in the high court had been resurrected.
Calif. Appeals Court Resurrects Legal Malpractice Claim Against Perkins Coie
The National Law Journal
A California appeals court has resuscitated a legal malpractice claim against Perkins Coie in a protracted battle between the law firm and one of its former clients. In4Network, which hired the firm to sue the University of Southern California over a deal for surround-sound technology gone awry, claimed the law firm charged excessive fees and mishandled the case. The former client is claiming about $1 million in actual damages and seeks punitive damages, said the attorney representing the company.
Chadbourne & Parke Cuts Salaries for U.S. Offices
Legal Times
A Chadbourne & Parke spokesman has confirmed that, due to the recession, the firm will cut base salaries for all non-partner attorneys, administrative personnel and other staff in the firm's U.S. offices for the rest of the year, starting with the May pay period. Media relations manager Andrew Blum would not disclose the amount by which salaries would be reduced. Last month, the firm laid off associates and counsel across its 13 offices worldwide.
Messy IP Case Generates Malpractice Suit
The Recorder
Craig Thorner was the key witness in Sony's effort to overturn an $82 million patent infringement verdict in a case against Immersion over vibrating video game controllers. Sony claimed that Immersion paid Thorner to keep quiet about inventions of his that could have invalidated Immersion's patents. But a judge wouldn't retry the case, concluding that there was strong evidence that Sony paid $150,000 for Thorner's testimony. Now Thorner is suing Sony's lawyers for malpractice and fraud.
Winning One Sanction in a Bankruptcy Case, Orrick Seeks Another
The National Law Journal
Just several weeks since a judge issued a $100,000 sanction against Baltimore's Whiteford, Taylor & Preston and its client for using a bankruptcy case to dispute fees paid to Orrick, Herrington & Sutcliffe, Orrick is seeking another sanction. On Monday, Orrick filed a motion in federal court seeking a sanction against Whiteford's client for a "frivolous appeal" of the underlying fee decision. The fee dispute stems from National Energy & Gas Transmission Inc.'s Chapter 11 bankruptcy.
Ga. Lawyer Used Elder Law Practice to Snare Ponzi Victims
Fulton County Daily Report
For five years, a Georgia attorney who specialized in elder law arranged community workshops where he sought investors for a bogus financial scheme that would siphon more than $40 million from his unsuspecting clientele, according to a federal prosecutor. Robert P. Copeland pleaded guilty to wire fraud in federal court this week. In a separate action, the SEC has secured a permanent injunction ordering Copeland to repay all the money, much of it from retirement accounts, that the attorney stole from his investors.
Judge Denies Injunction to Law Professors but Seems to Back Some Claims in Defamation Suit
The Legal Intelligencer
Losing an early battle can feel like the beginning of winning the war. Such was the case Thursday in a defamation suit brought by two law professors who claim West Publishing falsely identified them as the authors of a publication so poorly researched it would harm their reputations if it remained on library shelves. The professors lost their bid for an immediate injunction, but the judge seemed to declare the professors have proven some of their claims and in the end could be entitled to monetary damages.
Financial Ties to Stripper Finish Off Judge's Career
The Associated Press
Thomas E. Stringer spent more than three decades building his legal career in Florida, working his way up from assistant state attorney to appeals court judge. In 2007, he was inducted into his law school's hall of fame. But last spring, the well-respected, married judge suddenly found his face splashed beside that of an exotic dancer deep in debt. The state agency that oversees judges dropped misconduct charges after Stringer stepped down, but the speed of Stringer's fall has shocked the legal community.
Fla. Attorney Refuses to Release Stanford Documents to Receiver
Daily Business Review
In a growing battle over attorney-client privilege, Miami banking transaction lawyer Carlos Loumiet and his firm, Hunton & Williams, are resisting a receiver's request to disclose all of their files concerning accused Ponzi operator R. Allen Stanford and his Stanford International Bank, which has been implicated in an $8 billion fraud. Loumiet's representation of Stanford dates back to at least the mid-1990s when Stanford set up operations in Miami, a source told the Daily Business Review.
Broken Heart Could Cost Ex-Boyfriend in Court
Daily Business Review
Kris Shubert is putting a price on heartbreak -- and it's more than $1 million. She sued former boyfriend Kurt Wiksten in Palm Beach Circuit Court this week, claiming her decision to quit her job, sell her home and move to Texas to be with him was based on lies and left her with a personal financial mess. The complaint contends Wiksten concealed financial and legal problems from Shubert, and that Wiksten just wanted her for her money.
Weber Gallagher Gets Wolf Block Family Law Practice
The Legal Intelligencer
The last of Wolf Block's major practice groups has found a new home in the wake of the firm's decision to dissolve. The firm's family law practice will join Weber Gallagher effective May 1. The five-lawyer group will give the litigation-focused Weber Gallagher a new office location in Norristown, Pa., and a new practice area. The main goal in finding a new firm was ensuring the entire group, staff included, could make the move, according to practice group head Lynne Gold-Bikin and partner Daniel Clifford.
Former Attorney General Ashcroft to Start Law Firm
The American Lawyer
With so many law firms shedding lawyers or falling apart, the launch of a new firm is worth noting. And when that law firm is started by former U.S. Attorney General John Ashcroft and a cadre of top Bush-era U.S. Attorneys -- well, that's news. Ashcroft told the Litigation Daily that the firm will represent mainly individuals and organizations facing government investigations and regulatory enforcement actions. He maintained that his goal is not to start a political law firm. "There's no litmus test," he said.
Linklaters to Reduce Salaried Partner Ranks
Legal Week
Linklaters has moved a step closer to an all-equity partnership following the end of its remuneration review, as the law firm brings its German partnership in line with its core lockstep. The firm is focusing on reducing the number of salaried partners, with 29 so-called national partners this year being given equity status alongside its traditional promotion round, which saw 18 elevated to partnership. The move reduced national partner ranks, promoting just under 10 percent of the firm's global partnership.
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Don't Mess With System Metadata
Law Technology News
Sometimes a computer holds evidence, and sometimes it is evidence. It's a distinction with a difference when deciding whether to act in ways that will stomp on data essential to computer forensic examination. Especially in cases involving data theft, the system metadata matter most.
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Fla. Government Lawyers, Staffers Take to Street to Protest Salary Cuts
Daily Business Review
More than 65 Broward County public lawyers and staffers from various offices took to the street in front of a Florida courthouse Wednesday to protest proposed salary cuts for state employees. Holding handmade signs and chanting "save our pay," employees said lawmakers shouldn't balance the budget by cutting pay for underpaid and overworked workers. The House budget proposes a 4 percent to 5 percent pay cut, and the Senate is proposing a 1 percent pay cut for employees making more than $100,000.
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Recession Provides an Opportunity to Take a Good Look in a Mirror
The National Law Journal
In a time of increasing numbers of pink slips, it is easy for us to let our concept of what is possible narrow down. But one of the few upsides of the recession is the opportunity to re-evaluate not only what we want in a job but also who we are, says William A. Chamberlain, a Northwestern University School of Law assistant dean. Chamberlain suggests a few key questions to ask yourself, some resources to help you look within and ideas on how to get moving in your working life.
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Maritime Attorneys Deal With High Seas Piracy
The Connecticut Law Tribune
Maritime attorney Matthew Marion is no stranger to high seas piracy. He has represented insurers that have had to pay out on two ships stolen at sea and never returned, and he has handled numerous instances of pirates stealing cargo and then demanding ransoms. Marion says negotiations with pirates often take place on the hijacked ship's bridge and include the head pirate. And attorneys aren't just dealing with commercial piracy. Attorney David Bohonnon handles cases where pirates target private yachts.
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Full post as published by New York Supreme Court Criminal Term Library on April 24, 2009 (boomark / email).

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