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Is Sotomayor a Judicial Activist? New Studies May Shed Some Light

The National Law Journal

In her Supreme Court confirmation hearings, Judge Sonia Sotomayor will soon answer her critics' accusations of judicial activism -- a familiar drumbeat today wherever a judge or a nominee sits on the political spectrum. The quest of legal scholars and political scientists to give more meaning to the phrase has sparked new studies seeking to measure judicial activism in federal appellate judges and current and former Supreme Court justices. So what can they tell us about Sotomayor?

Midsize Maneuvers Multiply as Laterals Forsake Large Firms

The Recorder

Lateral moves at top law firms in the U.S. have nearly frozen, but midsize firms are cranking out new-hire press releases. While the motivations for partner moves are numerous and complex, sources say midsize firms are seizing on opportunities in the current economic downturn: Clients want lower rates; partners want more control; midsize firms that didn't go gangbusters on expansion in the boom times still have resources to invest in smart hiring; and midsize firms are convincing partners they are more financially stable.

GCs Want Firms to Change With the Times

The Legal Intelligencer

Law departments certainly aren't immune to systemic changes the economy has forced upon their law firm counterparts, but when outside counsel fees are a department's biggest cost, GCs expect the biggest changes to come from the firms that serve them. Now more than ever, law departments are pushing firms to embrace innovation, technology and alternative fee options. Every change in law departments today stems from cost control, and many of the changes are fundamental and long-lasting, says Altman Weil's Daniel DiLucchio Jr.

2nd Circuit Sends Dispute Over Lockerbie Fees Back to Lower Court

New York Law Journal

A dispute over the allocation of attorney fees in the settlement of claims against Libya for the bombing of Pan Am Flight 103 over Lockerbie, Scotland, is headed back to the district court. The 2nd Circuit found that three "significant" errors plagued a judge's decision ordering Emery Celli to pay from its contingency fees $1.44 million to a plaintiffs' committee. In refusing to pay the fee, the firm argued that it had performed a key role in lobbying Congress to change the law to permit suits against Libya to go forward.

Justices Thomas, Scalia Report Big Book Earnings for 2008

The Associated Press

According to annual financial disclosures released Friday, Justice Clarence Thomas took in more than $300,000 in royalties last year for his autobiography -- far more than he earned as a member of the Supreme Court. In all, Thomas has made about $1.5 million from "My Grandfather's Son," the 2007 book that traces his rise to the Court from his roots in rural Georgia. Justice Antonin Scalia received nearly $100,000 last year for "Making Your Case," a book he recently co-authored on legal advocacy.

Company Seeks $4.65 Billion From Banks It Alleges Backed Out of Merger Deal

Texas Lawyer

The latest courthouse showdown in one of the biggest business disputes of the decade kicks off this month as Huntsman Corp. seeks as much as $4.65 billion in damages from two banks that backed out on financing a merger between Huntsman and Hexion Specialty Chemicals in 2008. Huntsman is alleging fraud and tortious interference by Credit Suisse and Deutsche Bank Securities, the banks that committed to put up $15.5 billion to finance the merger of the two chemical companies.

2nd Circuit Ruling in Chrysler Bankruptcy Upholds Sale of Assets to Fiat

New York Law Journal

A three-judge panel of the 2nd Circuit added its blessing Friday to the sale of Chrysler's best assets to a "New Chrysler" led by Italy's Fiat company, affirming a federal bankruptcy judge's June 1 order authorizing the sale and echoing his finding that the only alternative to the sale was liquidation. The circuit extended a stay blocking the deal until 4 p.m. Monday to give parties challenging the plan -- a group of Indiana pension funds -- a chance to seek review by the U.S. Supreme Court.

En Banc Review Sought on Federal Circuit Decision Upholding Controversial Patent Rules

The National Law Journal

GlaxoSmithKline and inventor Triantafyllos Tafas have each petitioned the Federal Circuit for an en banc rehearing of a decision that upheld the U.S. Patent and Trademark Office's authority to issue three of four controversial patent rules. The Tafas v. Doll opinion upheld rules that require a more cumbersome process for requesting continuing patent applications and other rules that restrict the number of patent claims on an application unless the applicant files examination support documents.

German Aviation Company Files $10 Million Negligence Suit Against Mayer Brown

Texas Lawyer

The insolvency administrator for German aviation company Thielert AG has sued Mayer Brown in Texas state court, alleging the firm was grossly negligent when it failed to properly file some financing documents related to an $8 million loan the company purchased from a bank. As a result of the firm's negligence, the insolvency administrator alleges, the company may not be able to recover all of the loan proceeds from the debtor. He seeks a minimum of $10 million in damages from Mayer Brown.

Federal Judge Lets Puns Fly in Keeping Suit Against Bon Jovi Alive

The Legal Intelligencer

Rock stars don't just make teenage girls scream -- they can also make judges go a little pun crazy. That was the case last week when a federal judge saw that rocker Jon Bon Jovi -- who also happens to be one of the owners of the Philadelphia Soul arena football team -- was one of the parties in a pending copyright and trademark suit. In the opening paragraphs of his 29-page opinion, the judge managed to squeeze four Bon Jovi song references and three football terms into his outline of the court battle.

Has Legal Sector Seen Worst of Job Cuts?

The American Lawyer

The U.S. legal sector shed 1,300 jobs in May, according to statistics released Friday by the U.S. Department of Labor. While the industry has lost jobs every month so far in 2009, May's losses mark the smallest drop in legal jobs this year. All told, 14,400 legal-services jobs have disappeared since the start of the year.

Plaintiffs Lawyers Are Stuck on Denture Cream Lawsuits

The National Law Journal

Plaintiffs law firms are sinking their teeth into product liability lawsuits alleging that denture cream products cause zinc buildup in the body and neurological problems. A dozen cases pending in federal courts in California, Colorado, Florida, New York, Ohio, Oklahoma, Pennsylvania and Tennessee are awaiting the result of a May 28 multidistrict litigation panel hearing in Louisville, Ky. The cases target PoliGrip denture adhesive maker GlaxoSmithKline and Procter & Gamble, which manufactures Fixodent.

Ga. Lawyers Pursue Family Values Vision With Abortion Case

Fulton County Daily Report

Attorneys S. Fenn Little Jr. and Jonathan Crumly earn most of their money from construction law and criminal defense cases. But their passion is pressing litigation involving religious issues. The two are pursuing litigation against an Atlanta-area abortion clinic that has gained nationwide attention among abortion foes. The case concerns how diligent health care providers must be in complying with a state law requiring parental notification when a minor seeks an abortion.

What the Collapse of Rio Tinto/Chinalco Means for Outbound Work in China

The American Lawyer

Among international law firms in China, "outbound" work -- representing Chinese companies looking abroad for investments and acquisitions as opposed to multinationals entering the Chinese market -- has long been hailed as the next big thing. But the rejection last week of the largest such outbound China deal yet highlights continuing challenges to growth in the practice. Anglo-Australian mining giant Rio Tinto Group pulled out of a deal with China's state-owned Aluminum Corporation of China on Thursday.

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Covington Helps Spain Sink Salvage Claims in Shipwreck Suit

The American Lawyer

Odyssey Marine Exploration believed it had one of the most lucrative shipwreck discoveries in history on its hands in May 2007 when the Tampa, Fla.-based treasure hunter announced it had recovered 17 tons of gold and silver artifacts from a secret Atlantic Ocean site. The government of Spain disagreed. Claiming the Odyssey had actually discovered a 19th-century Spanish frigate that had been sunk by a British warship, Covington & Burling helped Spain sue Odyssey for violating its heritage laws.

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Legal Ontologies Spin a Semantic Web

Special to Law.com

The Semantic Web, an extension of the current www, promises to make documents meaningful to people and computers by changing how legal knowledge is represented and managed. Dr. Adam Z. Wyner explains how legal ontologies will help complete the new Web's design.

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In-House Lawyers to Outside Counsel: No Surprises, Please

Corporate Counsel

At a conference organized by DuPont aimed at helping outside counsel increase referrals -- to each other and to firms outside their network -- in-house counsel said what they want these days, maybe even more than alternative billing arrangements, is predictability from their outside counsel. Discouraging surprises wasn't the only piece of advice. Other tips included: Don't be a stranger. Be budget-friendly. Find early settlement and early dispute-resolution opportunities. And "don't get fat and happy."

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Conn. Firms Follow National Trends With Deferrals, Smaller Associate Classes

The Connecticut Law Tribune

Law school graduates eager to charge full-speed ahead are running into yield signs and detours. In Connecticut, like the rest of the country, firms are delaying start dates for many incoming associates, sometimes into 2010, and are also reducing incoming class sizes. The economy is to blame, not the quality of the candidates. Pullman & Comley's hiring partner Lee Hoffman says, "The thing that gives me pause is that the resumes coming to me now are superior to my own and these are all people looking for jobs."

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