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Senate Confirmation Hearing Portrays 3 Versions of Sotomayor

The National Law Journal

At least three Sonia Sotomayors were portrayed before the Senate Judiciary Committee last week -- all three versions born of the political dynamics of modern-day Supreme Court confirmation hearings, which seem to require nominees to disavow all emotions and opinions. Which Sotomayor will take the end seat of the Court reserved for junior justices after her near-certain confirmation this summer? And what do the different portraits say about her and about the craft of judging?

Employment Woes Fuel Uptick in Lawyer Depression

New York Law Journal

Depression is increasingly being recognized as a major problem among attorneys, members of a high-stress occupation vulnerable to anxiety even in good times. And these are not good times. More lawyers are calling assistance programs and a greater number are suffering from depression that stems, at least partly, from the decline in their personal and professional prospects brought on by the economic downturn.

Houston Lawyer Builds a Defense for Michael Jackson's Personal Physician

Texas Lawyer

What does a criminal defense lawyer do when the whole world points a finger at his client? If you're Houston lawyer Ed Chernoff and your client is the King of Pop's personal physician, you enlist the help of your partners in an effort to redirect the 24/7 news cycle and show how your client cooperated with police -- then you hope for the best and prepare for the worst.

Klayman Sues Iran for $10 Trillion

The National Law Journal

Nobody ever accused Larry Klayman of thinking small, but his latest suit may be outsized by even his standards. The current head of Freedom Watch -- and the former head of conservative watchdog group Judicial Watch -- has filed a $10 trillion class action against Iran in the U.S. District Court for the District of Columbia. Klayman is representing Nasrin Mohammadi of Beverly Hills, Calif., whose brother died in an Iranian prison after taking part in a student protest, according to the complaint.

Weil Defers Summer Associates

The American Lawyer

Weil, Gotshal & Manges on Friday became the second major firm in a week to defer some of its current summer associates until 2012, according to a law firm memo. The firm is giving all of its current summers (at least the ones that get an offer) the option of deferring their start date from January 2011 until January 2012. The firm will give any summer associate who chooses the 2012 option a $75,000 stipend and health benefits -- provided the summer gets a firm-approved public service job.

Consumer Antitrust Class Certified Against Babies 'R' Us

The Legal Intelligencer

A federal judge has certified a class action consumer antitrust suit against retail giant Babies "R" Us and a group of manufacturers of popular baby products after concluding that a price-fixing conspiracy could be proven entirely through "common evidence." The decision clarifies the scope and effect of two recent decisions -- one from the U.S. Supreme Court and one from the 3rd Circuit -- that altered the pleading standards for price-fixing cases and made the test for winning class certification more rigorous.

Panel Tosses Contempt Sentence Against Lawyer for 'Sarcastic' Expression

Fulton County Daily Report

Lawyers who have a hard time keeping a poker face when they don't like a judge's ruling can take heart in a decision issued last week by the Georgia Court of Appeals. A three-judge panel tossed a judge's ruling finding a lawyer in contempt for making what the judge called a "sarcastic" face at him. Chief Judge A.J. "Buddy" Welch Jr. had ordered Ella A. S. Hughes to jail, but an appeals panel reversed, in part on the grounds that Welch didn't give Hughes an opportunity to fight a possible contempt finding.

Schering-Plough Wins Dismissal of 'Off-Label' Suit

The American Lawyer

A recent decision by a New Jersey federal court sets a tough standard for plaintiffs trying to piggyback on government investigations of off-label drug marketing. In dismissing a lawsuit against Schering-Plough Corp., Judge Stanley Chesler ruled that even if the company has violated off-label marketing rules -- as it seems to have done for two cancer drugs -- plaintiffs must prove that the drug was marketed for an ineffective use, and the patient received no benefit from it.

D.C. Lawyers Fight Pro Se Litigant's $13.86 Bill

The National Law Journal

After pro se litigant Peter Atherton scored a victory in the D.C. Circuit, he submitted a bill of costs for $13.86 to cover making copies of court records. Lawyers for the D.C. attorney general's office say the city shouldn't pay because the court ruled only in part for Atherton. The case has attracted attention for the issues it raises about grand juries' independence. Atherton claims that he was bounced from a panel for alleged disruption, and that fellow jurors criticized him for asking prosecutors too many questions.

Judge: Prosecutor's Lie Will Not Derail Indictment Against Defense Attorney

Fulton County Daily Report

A federal money-laundering case against a Georgia lawyer is raising ethics questions for both sides of the bar. A pretrial hearing last week explored how far prosecutors and agents were willing to go to secure the indictment of attorney J. Mark Shelnutt. During testimony, a federal prosecutor acknowledged he had lied to Shelnutt, and federal agents testified they enlisted at least one defense attorney as an undercover informant to elicit evidence that might be used to prosecute Shelnutt.

2nd Circuit Revives Muslim Scholar's Challenge to Ban on U.S. Travel

New York Law Journal

The decision to bar Muslim scholar Tariq Ramadan from the U.S. because he contributed to a charity that supports Hamas is heading back to a lower court following a 2nd Circuit ruling Friday. The circuit vacated a ruling dismissing a First Amendment challenge to the government's denial of a visa to the Switzerland-based academic because he allegedly provided material support to a terrorist organization. Ramadan's visa was revoked after he accepted a tenured teaching post at the University of Notre Dame in 2004.

Brits Leap Ahead of U.S. Supreme Court on Camera Access

The National Law Journal

Supreme Court nominee Sonia Sotomayor indicated during her confirmation hearing last week that she might become a voice in favor of allowing cameras into the Supreme Court. Now comes word that the justices will be exposed to another pressure point in favor of cameras, which they've long resisted. The newly formed Supreme Court of the United Kingdom has reportedly decided its proceedings can be broadcast on request from the media -- a first for high tribunals in the U.K.

T-Mobile Suit Puts Legal Price on Wireless

The National Law Journal

Letting employees work remotely with wireless gadgets has a legal price tag tied to it, warn employment lawyers. A recent proposed class action against T-Mobile USA highlights the dangers of not updating policies with new technology and letting employees go home with smart phones.

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Corporate Counsel Are Reducing Ranks of Secondary Outside Firms, Survey Reports

The National Law Journal

Corporations are using fewer law firms because short-staffed corporate legal departments have little time to manage outside firms, not just because consolidating work is cheaper, according to a new law firm survey by BTI Consulting Group. Also, companies' increasing demands for flexibility in billing, staffing and communicating create opportunities for smaller firms, and BTI research shows the same companies making a marked migration to smaller firms.

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The Trouble With Discovery of ESI Abroad

Legal Week

The growth of international data infrastructures and the explosion of electronically stored information will bring e-discovery to the forefront of international litigation. But no consistent methodology exists for U.S. courts to evaluate whether discovery of ESI abroad is appropriate.

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