Legal Research

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$2.2 Billion IP Suit Filed Against Computer Makers, Chinese Government

The National Law Journal

A family-owned software maker has filed a $2.2 billion copyright infringement lawsuit against the People's Republic of China, two Chinese software makers and seven major computer manufacturers, alleging they conspired to integrate code from the California company's software into a Chinese Web-filtering product for widespread distribution. A lawyer for the plaintiff, Solid Oak Software, calls the suit a test case for U.S. companies seeking to enforce their IP rights in other countries.

Securities Class Actions Falling Off as Credit Crisis Dwindles

The American Lawyer

An annual report released on Tuesday by Stanford Law School's Class Action Clearinghouse and Cornerstone Research found that securities class action suits fell 24 percent in 2009 as litigation related to the credit crunch and subprime crisis began to slow. "That pig has moved through the python," Stanford law professor and Clearinghouse founder Joseph Grundfest said. "All of the major cases that were profitable have already been filed. The pool is in effect fished out."

Lawyer's Statements in Letter Protected by Privilege, Judge Rules in Libel Case

New York Law Journal

The former chief executive of a hospitality investment company has lost an attempt to sue his investors' lawyer for libel over a letter the attorney sent claiming the executive embezzled millions of dollars. Frank Orenstein sued attorney Reid Figel and his firm, Kellogg Huber, accusing Figel of libeling him in a letter sent to a business associate. But last week a New York federal judge dismissed the complaint, holding that Figel's statements about the former executive were protected by a qualified privilege.

Lawyer Seeks Stay of Order Banning Him From Practice

Daily Business Review

Labor and employment attorney Loring Spolter said Tuesday that he will ask for an emergency stay of an unusual order by U.S. District Judge William Zloch imposing $110,000 in penalties and banning him from practicing in the Southern District of Florida for 3 1/2 years. The ban is part of a long-running battle over Spolter's claims that Reagan appointee Zloch is biased against women and minorities in employment cases because of his conservative views and Catholic faith.

Novel Trademark Case Name Settles With Last-Minute Drama

The Recorder

A federal judge punctuated a last-minute settlement in an unusual trademark case by asking the lawyers to rewrite the agreement on the fly and apologize to the jury pool for wasting their morning. It was the latest dramatic turn in a case that had been set for trial Tuesday, featuring two leading IP lawyers: Michael Jacobs for software giant Autodesk and Claude Stern for Dassault Systemes SolidWorks. The case raised the unique issue of whether a software company could trademark a widely used name for a type of computer file.

Former Comverse Execs to Shell Out Millions in Backdating Settlement

Corporate Counsel

Former Comverse Technology GC William Sorin, the first corporate executive to serve time for options-related crimes, must pay $1 million to partially fund a class action settlement stemming from alleged stock option backdating. The company's former CEO, Jacob "Kobi" Alexander, will also pay $60 million to Comverse as part of the settlement. In return, Comverse will drop its lawsuit against the former executives, and the executives will drop their countersuits against the company.

4th Circuit Splits in Public Records Suit Against DOJ Over BlackBerry Alliance

The National Law Journal

The 4th Circuit has given new life to a public records suit that seeks to shed light on the Justice Department's once-secret support for Research in Motion Ltd. in a high-profile patent case that settled in 2006. Hunton & Williams filed the suit in Virginia to dig up documents in the underlying patent dispute, in which the DOJ in 2005 secretly aligned itself with RIM, the maker of BlackBerrys. The DOJ was concerned about the impact of an injunction against RIM on the federal government, the single largest BlackBerry user.

Bernstein Liebhard Hit With Anonymous Allegations in Fla. Plaintiffs Counsel Selection Process

The American Lawyer

The Florida State Board of Administration announced that it will hold a Jan. 14 hearing to address the allegations contained in an anonymous letter sent to the state attorney general, one of the officials involved in last month's selection of a new panel of plaintiffs firms eligible to represent the state's public pension funds in securities class actions. The letter contains disturbing assertions about the firm that finished on top of the final rankings in Florida's beauty contest: New York's Bernstein Liebhard.

Former Partner Gets a Second Shot at Sonnenschein in Fees Dispute

The National Law Journal

Former Sonnenschein Nath & Rosenthal partner Douglas Rosenthal will get a second shot at a compensation battle against his old firm -- if he wants it. The D.C. Court of Appeals granted Rosenthal a new trial for a portion of what he claims the firm owes him for generating about $18 million in fees in a suit against the Libyan government for the bombing of a Pan Am jet over Lockerbie, Scotland. But the court also offered Rosenthal the option of accepting the jury's original decision for some of those fees and moving on.

Work-Product Battle Reaches Supreme Court

The National Law Journal

Lawyers for Textron Inc., an aerospace and defense contractor, have filed a petition for certiorari in a closely watched federal tax case, asking the U.S. Supreme Court to resolve a substantial circuit split over the interpretation of the work-product privilege in Federal Rule of Civil Procedure 26(B)(3). The U.S. Chamber of Commerce and the Association of Corporate Counsel have submitted amicus briefs supporting Textron in the lower courts.

3rd Circuit Tosses $33 Million Verdict Against Bank, Broker Charged With Aiding Ponzi Scheme

The Legal Intelligencer

Dealing a huge setback to the victims of the $1 billion Ponzi scheme operated by Pennsylvania businessman Robert Bentley, the 3rd Circuit on Monday overturned a jury's verdict of more than $32.7 million against a bank and a broker accused of helping Bentley to keep the scheme alive. The court said the receiver cannot pursue claims against those who assisted Bentley's firm by giving it access to more cash and investors -- even if those acts ultimately resulted in a deepening of the insolvency of Bentley's firm.

Court Rejects Habeas Petition From Lawyer Convicted of Forging Judge's Order

New York Law Journal

A federal judge has refused to overturn the conviction of Perry Reich, the Long Island, N.Y., appellate attorney who was disbarred and served nearly two years in prison for forging a federal magistrate judge's order. Reich claimed he was denied effective assistance of counsel, that the prosecution failed to turn over Brady material and that the court received a "private" sentencing recommendation from the probation department.

Judge Slashes Neurosurgery Expert's $7,000 Fee in Automobile Injury Case

New Jersey Law Journal

Neurosurgeons might be able to charge more than other experts for deposition testimony but $7,000 for two hours is "near to being extortionate," a New Jersey federal magistrate judge says. She ruled that the defendants in a car accident case will not have to pay more than $600 per hour when they depose the plaintiff's medical expert, leaving the plaintiff to pick up the difference unless the expert agrees to lower his rate, which he had set at $5,000 for the first hour of deposition and $2,000 for every hour thereafter.

Class Action Denied for Madoff Investors' Suit Against Bank

The Connecticut Law Tribune

People who invested with imprisoned swindler Bernard Madoff through Westport National Bank will have to work a little harder to recover their money. A federal judge has ruled that the victimized investors cannot file a class action lawsuit against the Connecticut-based bank. The 26 plaintiffs were suing for part of $60 million lost from accounts the bank invested with Bernard L. Madoff Investment Securities. The judge also denied the bank's motion to dismiss.

Case Study: A Windows 7 Early Adopter

Legal Tech Newsletter

Deciding to become an early adopter for Microsoft's new Windows 7 operating system was one of those moments when all of the stars aligned for Allen Matkins. It was time to replace hardware, improve efficiency, and make lawyers more effective with 24/7 access to mission-critical tools.

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Moves in Lateral Market Kick Off 2010

The Legal Intelligencer

The lateral market may have been quiet in 2009, but Pennsylvania firms are starting off the new year with a bang. Monday morning brought official word of significant lateral moves that had been in the works toward the end of 2009. Cozen O'Connor deepened its antitrust and trade presence in Washington, D.C., with a group led by familiar Philadelphia face Melissa Maxman and Reed Smith brought former Morgan Lewis & Bockius leader Howard Shecter back to his Pennsylvania roots from Orrick Herrington & Sutcliffe.

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San Francisco Real Estate Firm Cassidy Shimko Closes

The Recorder

San Francisco land use and real estate boutique Cassidy Shimko Dawson & Kawakami dissolved at the end of 2009, with seven of its 10 attorneys joining Sedgwick, Detert, Moran & Arnold on Jan. 1. "Certainly the economic climate had made us consider the move now more than in the past," said Anna Shimko. But, she added, "At the same time, we were really proud of ourselves for how we were able to control costs" and continue to work for clients who paid the firm's bills.

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