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Am Law 200: Where the Work Was

The American Lawyer

For years, regional firms that constitute much of the Second Hundred were told they were the wrong size: too big to compete with boutiques' narrow focus and too small to match The Am Law 100's national footprints and marquee names. But as the financial sector began its meltdown last year, the Second Hundred's slow-growth strategies were vindicated. Firms that outperformed were ones that pointedly ignored The Am Law 100's usual recipe for growth: relentless focus on the most lucrative markets, practices and clients.

Questions Arise About Long Delay by Sotomayor-Led Panel in Climate Case

The National Law Journal

A major climate change lawsuit brought by eight states against five utilities has been pending decision for nearly three years before a 2nd Circuit panel on which Supreme Court nominee Sonia Sotomayor is the presiding judge. The delay, some have posited, is the result of the controversial nature of the case, and that was only heightened by initial speculation about Sotomayor as a potential Supreme Court nominee and how any decision might affect her chances.

Aventis Agrees to Pay $95 Million to Settle FCA Claims

The National Law Journal

The Justice Department has popped another pharmaceutical company for overcharging the Medicaid program. Aventis Pharmaceutical, a subsidiary of Sanofi-Aventis U.S., has agreed to pay the United States $95.5 million to settle allegations that it violated the False Claims Act by misreporting drug prices to skirt its Medicaid rebate obligations. The settlement comes about 10 days after the DOJ announced it would join whistleblower lawsuits against pharmaceutical giant Wyeth.

Cravath Advises on End of AOL-Time Warner

The American Lawyer

It was the biggest deal ever, and has long been seen as a bust. Time Warner made it official Thursday, ending the AOL combination that resulted from a $124 billion merger. Time Warner tapped Cravath to consummate the merger in 2000, and it turned once more to Cravath to advise on the spin-off, say sources. Some may remember the original deal mainly for the landmark fee arrangement: Cravath agreed to an all-inclusive $35 million fee that would be almost entirely contingent on whether the deal went through.

Georgia Lawyers Take Sides in High Court Client Privilege Case

Fulton County Daily Report

Georgia lawyers are front and center in a U.S. Supreme Court case that could change the way appellate courts deal with questions of attorney-client privilege. The appeal concerns litigation over hiring practices at carpet maker Mohawk Industries. A coalition that includes business interests and the ABA is asking the high court to allow parties in federal cases to immediately appeal lower court findings that the parties have waived their rights to keep key information secret under attorney-client privilege.

Law Firm Partner Testifies He Fulfilled Duty of Loyalty to Brooke Astor

New York Law Journal

Henry Christensen III, Brooke Astor's lawyer for more than 20 years, on his third day as a prosecution witness Thursday pointedly rejected suggestions that he had sacrificed his duty of loyalty to New York society's grand dame because he also represented her son, Anthony Marshall, who is on trial for looting her estate. Christensen, a partner at McDermott Will & Emery who hasn't been accused of any crime, has provided an insider's view of the relationships among the principal parties in the case.

Obama Administration Picks Wilson Sonsini CEO for Japan Ambassador Slot

The Recorder

Silicon Valley powerhouse Wilson Sonsini could be looking for a new chief executive now that the White House has tapped CEO John Roos to be its ambassador to Japan. A former Wilson Sonsini partner calls Roos' consensus-building political skills "rare" among law firm partners, but says Wilson Sonsini has a "deep bench" of management talent from which to draw if Roos' nomination is confirmed by the Senate.

Judge Appoints Guardian for Plaintiff Who Has Been in Dispute With Lawyer for 7 Years

The National Law Journal

A federal district judge in Washington, D.C., has appointed a guardian ad litem to represent the interests of an architect who has battled her own lawyer for seven years in a copyright suit against a rival architectural firm and the United Arab Emirates, who she claims ripped off her winning contest design for the United Arab Emirates embassy. Elena Sturdza's suit has stalled since 2002 when her lawyer, Nathan Lewin, called into question his client's competency to make rational decisions regarding her case.

Trustee Pushes for July Auction of Dreier's Apartment

New York Law Journal

Citing "current real estate market conditions," the trustee in charge of liquidating indicted attorney Marc S. Dreier's estate hopes to auction off the apartment where Dreier remains under house arrest as early as mid-July. Chapter 7 trustee Salvatore LaMonica and auctioneer David R. Maltz & Co. have already received inquiries from a number of parties expressing a "strong interest" in buying the unit, which is subject to a $5 million mortgage held by Wachovia Bank, according to court papers filed Thursday.

N.Y. Family Court Denied Jurisdiction to Hear Same-Sex Support Issue

New York Law Journal

Family Court does not have jurisdiction to order a woman with no biological or legal ties to her former same-sex partner's son to pay child support, a New York state appeals panel has ruled. The 3-2 ruling turned on the fact that the only New York proceedings for determining parentage are paternity proceedings, which resolve controversies over the fatherhood of a child. No similar vehicle exists for determining a child's mother and, therefore, for the Family Court to order the woman to pay support, according to the panel.

Cocaine Cases in Limbo as End Looms for Sentencing Disparity

New Jersey Law Journal

The Obama administration announced in April that it favors reform of a 20-year-old law that mandates a sentence of at least five years for possession of 500 grams of powder cocaine with intent to distribute and the same penalty for five grams of crack cocaine. Yet it is impossible to tell from the Justice Department's guidance whether anything has changed in the trenches. While the government decides what it wants to do, a request for adjournments of sentencings may be one defense strategy.

Lawyer Disbarred Following Arrest on Sex Charges

The National Law Journal

A former real estate lawyer whose license had already been revoked in Virginia was disbarred by consent Thursday in an order handed down by a Washington, D.C., appeals court. The D.C. disbarment follows last year's arrest for trying to arrange sex with a minor over the Internet. According to court records, after engaging in sexually explicit online conversations with someone he thought was a girl under the age of 15, Ronald M. Cohen set up a meeting, only to find police officers waiting for him when he arrived.

N.Y. Jury May Decide Liability of Shell in Nigerian Executions

New York Law Journal

Absent a settlement, a jury to be selected beginning Tuesday in lower Manhattan will be asked to reach a historic verdict that would make Royal Dutch/Shell the first foreign corporation found liable in a U.S. courtroom for aiding and abetting human rights violations by the forces of a foreign nation. The plaintiffs are the families of seven Nigerians who were executed by the former military regime in Nigeria for protests against Shell's oil exploration and development activities.

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Technology Is Great, but Prove Your Point

The Recorder

The use of trial technology has exploded. Unfortunately, the variety and affordability of the technology has not always been met with a corresponding improvement in the quality of trials themselves, as lawyers often fail to choose the most appropriate and effective technology.

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New CIA General Counsel Would Inherit Thorny Issues

Corporate Counsel

In some ways, being general counsel of the Central Intelligence Agency is like any other top in-house legal job. There's the usual stuff: employment issues, real estate transactions, contract disputes. And then there are the more unique questions: When do interrogation procedures cross the line into illegal torture? What happens if an agent accidentally kills a suspect during questioning? Such issues may soon land on the desk of Stephen Preston, who was tapped by President Barack Obama to be the CIA's new GC.

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Army Vet Looks to Ease Other Soldiers' Law School Application Experience

The Connecticut Law Tribune

For Drew Schaffer, a recent veteran of combat tours in Iraq and Afghanistan and now a first-year law student, any classroom jitters are relative: "Having been in some pretty stressful situations, you realize getting a low grade on an exam is not life threatening." The former Army Ranger applied to law school from Afghanistan, studied for the LSAT between combat patrols and took the test under threat of Taliban artillery fire. Now he's started a group to ease the application process for other overseas soldiers.

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Eckert Seamans Continues Growing With Lateral Hires

The Legal Intelligencer

The coming addition of five labor and employment attorneys from Ballard Spahr Andrews & Ingersoll in Washington, D.C., is the latest indication that Eckert Seamans has been on a bit of a growth spurt. The firm has brought on 38 laterals so far this year through a combination of good timing and an environment in which it can offer parallel compensation, but a more flexible rate structure, says CEO Timothy Ryan, and it's focusing on expanding its Washington, D.C., and Boston offices through lateral hires.

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Criminal Defense Lawyer Facing Drug, Money Laundering Charges 'Ready to Fight'

Fulton County Daily Report

Georgia criminal defense attorney J. Mark Shelnutt says he is "ready to fight" a federal indictment that accuses him of joining in a drug conspiracy and laundering money from a drug ring whose leader he defended in federal court. A grand jury handed down a 40-count indictment against Shelnutt after what the lawyer describes as an extended whisper campaign of rumors and grand jury leaks. "You can't really fight a ghost," he said, but "you can fight an indictment full of bogus charges."

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