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Plaintiff Suits Against Automakers Stall Out

The National Law Journal

As Chrysler and GM dispose of billions of dollars in assets and debts, there are potentially thousands of death and injury claims that either will be out of luck or will face near insurmountable obstacles to success. When both auto companies emerge from bankruptcy, they are expected, as in the terms of Chrysler's sale to Fiat, to do so "free and clear" of all pending and future claims and interests in all property sold pre-bankruptcy..

Law Firms Post-Recovery: How They'll Hire and Whom They'll Serve

The Legal Intelligencer

What will law firms' hiring patterns and client lists look like after the firms eventually climb out of the current economic morass? Consultants and law firm leaders offer their predictions on the future of practice diversification, geographic positioning and lateral moves.

Kirkland Expands Use of Special Fee Structures

The National Law Journal

In an effort to keep cash-strapped clients in the fold, Kirkland & Ellis is expanding its use of alternative-fee arrangements, discounting rates and extracting promises of future work from corporate players. During the past three years, the firm says it has given away more than $100 million worth of billable hours, but it hopes to make the revenue back through follow-up work from those clients. Kirkland is the largest firm by revenue or head count making the most of such arrangements, says one consultant.

Sanctions Sustained Against Crowell & Moring Partner

The National Law Journal

A federal appeals court has upheld a $372,000 sanction against a Crowell & Moring partner and affirmed his five-year suspension from practice in the U.S. Bankruptcy Court for the Middle District of Florida. A three-judge panel of the 11th Circuit found that Peter R. Ginsberg's attempts to have a bankruptcy judge recuse himself from a Chapter 11 case were in bad faith. The panel found that Ginsberg's conduct was "egregious" and included overzealous litigation tactics and factual inaccuracies.

Former Shareholder's Lawsuit Adds New Wrinkle to Heller Bankruptcy

The Recorder

A former Heller shareholder has forced nine corporations that made up Heller Ehrman LLP into bankruptcy, including Heller Ehrman Hong Kong, Heller Ehrman Europe and corporations in states that technically employed Heller partners. These corporations were also the target of a class action by former Heller employees that was dismissed last week and that will now be folded into a suit that is already under the jurisdiction of the bankruptcy court, according to the law firm representing the former employees.

More Defendants Seek to Blast out of Patent 'Rocket Docket'

The National Law Journal

The Eastern District of Texas is a magnet for patent cases because its juries have been known to grant eye-popping monetary judgments for plaintiffs. It's also considered a rocket docket because cases move through it quickly. Now, intellectual property lawyers are reporting an upswing in motions to transfer patent infringement cases out of the plaintiff-friendly court in the wake of two Federal Circuit decisions that chastised the Texas federal court for not transferring cases.

David Carradine Post-Mortem Raises Privacy Issues

The American Lawyer

The publication by a Thai tabloid of grisly crime scene photos of actor David Carradine has set off a furor, with Carradine's family hiring lawyer-to-the-stars Mark Geragos to threaten a civil suit against anyone publishing the photos in the U.S. It's raised plenty of questions about privacy issues, which The Am Law Daily presented to law school professor Jon Mills. Mills advised the families of Gianni Versace and Dale Earnhardt in their attempts to keep graphic photos private in the aftermaths of their deaths.

Judge Questions Potency of Seroquel Claims

The National Law Journal

A Delaware judge has questioned the viability of at least 700 product liability cases alleging that AstraZeneca's anti-psychotic drug Seroquel caused patients to develop Type II diabetes. The judge threw out one such suit in May on the ground that a medical expert did not sufficiently establish a link between Seroquel and the plaintiff's diabetes diagnosis. This month, in a written opinion elaborating on that decision, the judge noted that the case was the third Seroquel suit to be tossed due to the medical evidence.

Marvell Settlement Adds to Backdating Class Action Tally

The Recorder

No one expected the stock option backdating scandal to generate a flood of class actions, but the success of the ones that were filed has been surprising, lawyers say. Marvell Technology Group added to the tally, announcing last week that it would settle a backdating class action for $72 million. That makes 18 backdating class actions that have settled for an average of $34.7 million, excluding the gargantuan $895 million settlement paid by UnitedHealth Group, according to a report by RiskMetrics Group.

Tentative Approval Given to $586 Million IPO Settlement

New York Law Journal

A New York federal judge has given tentative approval to a $586 million settlement in a lawsuit that claimed dozens of investment banks gamed initial public offerings during the height of the technology boom. In a 107-page opinion, Judge Shira Scheindlin said, "Simply put, plaintiffs cannot expect to receive a similar recovery to what they had hoped to receive in more bullish years."

Judge Rules No Appeal for Decision on Running 'Perp Walk' Photos

New York Law Journal

A bench ruling refusing to halt media outlets from running "perp walk" photos of a New York politician in handcuffs is final and cannot be appealed while the criminal case is pending, a federal judge has ruled. Roger Corbin is facing federal tax evasion charges and his attorney had moved to stop Newsday and a cable TV channel from running photos of his client in handcuffs, arguing it would taint the jury pool.

Skadden Hires Latham Hong Kong Partner in Rare Lateral Move

Legal Week

Skadden, Arps, Slate, Meagher & Flom has recruited Hong Kong corporate partner Julie Gao from Latham & Watkins. Gao, who joined Latham straight out of law school in 1998 and was promoted to partner in 2006, was regarded as an up-and-comer in Latham's Asia practice, focusing on M&A and capital markets transactions. Gao's appointment will be regarded as further bolstering Skadden's top-tier Asia practice in public listings and corporate.

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Reversing Earlier Decision, 6th Circuit Rejects Retaliation-by-Association Claim

The National Law Journal

The 6th U.S. Circuit Court of Appeals has taken an about-face on its position regarding retaliation by association in the workplace. The federal appeals court ruled en banc that relatives and associates of those who file workplace lawsuits or complaints are not protected by retaliation laws. The ruling comes as a huge boost to management-side lawyers, who had feared the old ruling would trigger a slew of lawsuits by third parties.

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Creating a Solid SharePoint Backup

Special to Law.com

Law firms running Microsoft SharePoint already own most of the required tools to recover from a complete or partial data loss, so implementing a backup plan need not be costly. But be sure to include an automated, site-level backup, says Fenwick & West's SharePoint expert Mark Gerow.

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Employment Risks to Consider in a Challenging Economy

The Legal Intelligencer

Companies operating in these challenging economic times might have to navigate a number of pressing issues in order to weather the storm. Before making hasty employment-related decisions, companies would be wise to analyze the legal ramifications of such decisions, especially when it comes to reductions in force. Attorneys Carrie B. Rosen and Emily Simpson-Miller address five legal risks that an employer should consider before reducing its work force.

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Summer Associates Can Stand Out by Balancing Fear With Enthusiasm

New Jersey Law Journal

The year 2009 will be remembered in the annals of legal history as the great balancing act for summer associates. Summer associates "are going to have to strike a balance between being an eager associate willing to be flexible and a second-year law student desperate for an offer," says Brian Dalton, managing editor at Vault. Consultant Ari L. Kaplan notes that opportunity is the key, and provides some strategies that summer hires can incorporate to maximize their chances of gaining experience and securing an offer.

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The Jury's Out on Recession's Effect on Plaintiffs Practice

The Legal Intelligencer

Throughout the economy's rapid descent, the plaintiffs practice has often been described as being "recession-proof." But while the recession apparently hasn't affected the number of suits being brought, has it had any effect on the results of those cases? Plaintiffs attorneys are so far not reporting a monumental shift in the value of cases, but some say they've noticed some differences, such as in the effect on smaller cases, or in how much sympathy a jury has demonstrated toward the auto industry.

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