Legal Research

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Big Class Actions Against the Feds May Falter

The National Law Journal

A case quietly winding through the federal courts in Washington could dramatically change the rules for plaintiffs across the country who file big-money class actions against the federal government. Pending and future class actions may be chopped down to size if the Federal Circuit agrees with the Justice Department's strict interpretation of a six-year statute of limitations. Plaintiffs lawyers who handle such cases have issued dire warnings.

Sanctions Stifle Iranian Lawyers' Access to U.S. Support

The American Lawyer

When Pakistani lawyers took to the streets of Islamabad a year ago to urge then-President Pervez Musharraf to restore the rule of law, colleagues in the U.S. rallied outside a Manhattan courthouse to show their support. But for Iranian lawyers, getting that kind of backing hasn't been so easy. Venable partner Robert Babayi predicts that if the Iranian government cracks down on protesters, more Iranian-American lawyers may become willing to take a position on Iranian politics. But others are less hopeful.

Will the Future for Law Firms Be a Reset Button Rather Than a Panic Button?

The Legal Intelligencer

There's not a crystal ball in town that isn't predicting dramatic shifts in the legal industry. And just maybe, those changes will be for the better, as the days of follow-the-leader disappear. There is no bandwagon to jump on like there was when salary wars were being waged, and the stigma attached to making tough, unique -- and sometimes unfavorable -- decisions seems to be fading as firms use the recession as cause to hit the reset button. Change is in the air for law firms -- and it could be a good thing.

Company Goes Bankrupt, Sues Paul Weiss for $140 Million

The American Lawyer

A North Carolina media company went bankrupt Thursday and on the same day filed a $140 million malpractice suit against their former go-to corporate counsel at Paul, Weiss, Rifkind, Wharton & Garrison, alleging that a mistake in an offering document written in the late 1990s ended up costing the company about $136 million a decade later. Brad Karp, the chair of Paul Weiss, calls the claim "stale and frivolous" and says the firm looks forward to "a swift and favorable resolution."

Writ of Attachment May Lead Thelen Into Bankruptcy

The Recorder

Thelen's New York landlord obtained a key ruling Thursday that could drive the firm's other unsecured creditors to force it into bankruptcy. A Los Angeles judge granted the landlord a writ of attachment reserving $25 million of Thelen's assets. A similar court order in December quickly threw Heller Ehrman into bankruptcy. The writ bumps all unsecured creditors -- including Thelen employees who have filed a class action against the firm -- behind the landlord in line for Thelen's money.

House Impeaches Imprisoned Federal Judge

The National Law Journal

The House of Representatives approved four articles of impeachment against Judge Samuel Kent, who is serving time in a federal medical facility after pleading guilty to obstructing an investigation into allegations of sexual harassment. House members said that Kent forced them to vote by his refusal to resign. "This is the first time a federal judge has been convicted of a felony, has reported to prison, and has still not resigned from his office. This shows how deep Judge Kent's audacity truly runs," said one.

Howrey to Aquire Day Casebeer, Sources Say

The Recorder

Day Casebeer Madrid & Batchelder -- the high-end Silicon Valley IP boutique that was rattled by the Qualcomm discovery disaster -- is in advanced talks to be acquired by national firm Howrey, with a deal likely to close soon, according to sources familiar with the situation. Observers say the merger would help Day Casebeer lawyers shake the bad press from the Qualcomm scandal, and that a merger with Howrey in particular makes sense since both firms only do litigation and share clients like Amgen and Sun.

9th Circuit Finds No First Amendment Violation in Teacher's Demotion Over Blog Comments

The National Law Journal

Delivering a blow to bloggers' rights, a federal appeals court has ruled that a Washington state teacher's blog attacking co-workers, the union and the school district was not protected speech, and therefore she was not unlawfully demoted over it. The 9th Circuit found that Tara Richerson's speech was disruptive, eroded work relationships and interfered with her job performance, which involved mentoring teachers. The court also found her speech was "racist, sexist, and bordered on vulgar."

Supreme Court In-Chambers Opinions: A Footnote to the Chrysler Case

The National Law Journal

The Supreme Court's handling of the fast-moving Chrysler sale continues to yield glimpses into unfamiliar corners of Supreme Court practices and traditions. The Court's per curiam opinion that cleared the way for the Chrysler sale cited a recent "in-chambers" opinion written by Justice Ruth Bader Ginsburg -- a sort of one-justice ruling that is rare and hard to categorize. Its colorful history includes a decision left on a tree stump when lawyers once tracked down a justice on a camping trip.

Skadden Wins Dismissal of Amgen Multidistrict Class Action, Again

The American Lawyer

In December, we wrote about a rare occurrence: a defendant winning a motion to dismiss a class action in a multidistrict litigation. Well, it's happened again. A Los Angeles federal judge last week dismissed a complaint against the drug company Amgen, which plaintiffs had accused of conspiring to promote off-label uses of two drugs, violating the federal RICO statute and California consumer fraud laws. But this is not a case of lightning striking twice -- it was essentially the same case the judge threw out last winter.

Attorney's Failure to Pursue Mental Health Evaluation Leads to Suspension

New York Law Journal

An attorney who failed to submit to a court-ordered mental health evaluation has been suspended for three years by an appeals panel that upheld a misconduct charge against her. A grievance commmittee had directed the attorney to undergo the evaluation after she acknowledged under oath that she had referred to herself as a judge's wife "although she is not officially married to him," according to a 2008 suspension order. The attorney asserted the committee lacked jurisdiction, since she's not a court system employee.

Sexual Harassment Lawsuit Dismissed Against Prominent Litigator

Daily Business Review

A Florida judge has dismissed a sexual harassment lawsuit against prominent litigator Willie Gary, finding that a former secretary for Gary failed in her lawsuit to establish a pattern of criminal activity or to establish that she suffered direct injuries from Gary's alleged misconduct. Gary's attorneys will now seek to have the former secretary pay their legal fees, estimated to exceed $100,000.

DLA Piper Makes Second Round of Layoffs in Middle East Offices

Legal Week

DLA Piper has launched a second round of job cuts in the Middle East, cutting 9 percent of staff in the region, including one partner. In total, 22 jobs in the region will be cut, with Dubai the most heavily hit. The news comes just two months after DLA Piper laid off eight associates in Dubai -- the equivalent of about 8 percent of total staff in the office.

Panel Rejects Philadelphia Assault Weapons Ban, Gun Purchase Limit

The Legal Intelligencer

A Pennsylvania court has struck down Philadelphia ordinances that deal with an assault weapons ban and limit purchases to one handgun per 30-day period. In the same opinion, the court upheld ordinances dealing with seizure of firearms from persons who pose a risk of imminent harm to themselves or others; prohibiting the acquisition and possession of firearms by persons subject to a protection from abuse order; and requiring that gun owners report lost or stolen firearms within 24 hours of realizing they're missing.

Should Twittering Jurors Know Better?

Special to Law.com

While the technological revolution may have enabled a lofty goal of "democratizing" ideas, as with the online mobilization of protests over Iran's elections, there are times and places where access to information must remain steadfastly controlled. Such times are jury trials and such places are courtrooms. It is wrong, indeed it violates a defendant's constitutional rights, to allow jurors to do their own research to uncover "the whole truth," write Joel Cohen and Katherine Helm.

In-House Counsel Preparing for New Emissions Regulations

Corporate Counsel

In April the Environmental Protection Agency started a process that will allow it to regulate greenhouse gas emissions from new motor vehicles, and it's expected to soon do the same for emissions from factories, power plants and other industrial facilities. But before any new regulatory scheme becomes official, businesses need to determine how their operations might be affected. So in-house lawyers are working closely with engineers and consultants to assess the size and scope of their companies' emissions.

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At Trial, Don't Leave Technology Behind

The Legal Intelligencer

As you jump on the elevator with binders, records and writing boards in one hand and your entire case on a pull cart, you wonder: "Do I have everything I need for trial?" If it were 1999, the answer would be yes. In 2009, no, you're missing software like InData TrialDirector.

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It's Time to Rise and Market

The Legal Intelligencer

It's a difficult time to be a law firm associate or new lawyer, so here is a networking road map to help guide you to success, from consultant Stacy West Clark. Included among her tips is the reminder to be thoughtful about how you treat your contacts and not to keep them at an impersonal distance. Clark uses a quote from Maya Angelou to demonstrate how important this step can be: "People will forget what you say, they will forget what you do, but they never will forget how you make them feel."

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