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Big Law Defends Guantanamo Lawyers

The National Law Journal

The flap over Justice Department lawyers who have advocated for Guantanamo Bay detainees is spilling over to Big Law, where some firm leaders are fighting back against the criticism. The DOJ has recently come under fire from a conservative group and GOP lawmakers for hiring lawyers who represented Guantanamo Bay detainees while in private practice. The controversy ramped up after the Justice Department refused to name the lawyers and a conservative group posted a YouTube video questioning the allegiance of the DOJ lawyers.

Prosecution in KB Home Backdating Case Takes a New Tack: Personal Gain

The National Law Journal

With the KB Home case, prosecutors hope to improve their dismal trial record in stock-options backdating cases. Of the five cases that have gone to trial, one ended in acquittal, one collapsed, and one of the three convictions was reversed. Prosecutors are focusing the case on CEO Bruce Karatz's profit from the backdated options. It's a relatively new strategy that emerged last month in the government's retrial of former Brocade CEO Gregory Reyes, whose prior conviction was reversed on appeal.

Firm Sanctioned for 'Perfect Storm' of Improper Practices in Debt Collection

New York Law Journal

A Manhattan law firm committed a "veritable 'perfect storm' of mistakes, errors, misdeeds and improper litigation practices" in trying to collect a debt from a woman, a New York state judge has ruled in ordering sanctions against the firm. Eltman, Eltman & Cooper was ordered to pay $14,800 for a series of ethics rules violations, including "disobeying" a court order dismissing the case by making "harassing" phone calls to the defendant. A firm spokesman said that an appeal is under consideration.

Judge Refuses to Dismiss Suit Against Rumsfeld Over Americans' Alleged Detention in Iraq

The National Law Journal

An Illinois federal judge has refused to dismiss a suit against former Secretary of Defense Donald Rumsfeld by two Americans who claim they were detained in Iraq. David Vance and Nathan Ertel, who went to Iraq in 2005 to work for a security firm, also sued the U.S. government, alleging they were interrogated by the military due to suspicions that their company was providing arms to insurgents. They claim they were put in cages, strip-searched and questioned using "coercive tactics" before being released weeks later.

Cravath May Represent Air Products in Takeover Bid for Airgas, Delaware Judge Rules

The Legal Intelligencer

Cravath can continue representing Air Products in the company's bid to acquire competitor Airgas, despite Airgas' claims of conflict, a Delaware judge ruled Friday. Cravath had represented both companies for years and Airgas alleged the firm had confidential information about Airgas that could be used in assisting Air Products in its $5.1 billion takeover bid. The ruling comes about two weeks after a Pennsylvania federal judge said he would revisit Airgas' damages claims against the firm after the Delaware judge ruled.

Shareholders Cry Conflict of Counsel in Class Action Over Merck Merger

New Jersey Law Journal

Law firm Carella, Byrne, Cecchi, Olstein, Brody & Agnello faces conflict allegations over its projected $3.5 million fee for representing shareholders who obtained no monetary or equitable relief in a class action settlement over the merger of drug giants Merck and Schering-Plough. The lawyer for the class member opposing the settlement argues that certifying the class serves no purpose except to make Carella Byrne eligible for attorney fees. He also seeks sanctions against the firm for allegedly botching the suit.

Witness Interviews Aren't Privileged Work Product, Says Calif. Court

The Recorder

Witness statements recorded or taken in writing by attorneys or their representatives aren't privileged work product and, therefore, are open to discovery, a divided California appellate court ruled Thursday. Surprisingly, the justices, including the dissenter, took the opportunity to harshly criticize a 14-year-old appellate ruling out of Sacramento that held just the opposite. The majority called it "cursory" and the dissent said the 1996 holding went "too far."

Houston Judge Declares Death Penalty Unconstitutional

Texas Lawyer

Houston Judge Kevin Fine last week granted a motion filed by defense attorneys in a capital murder case and declared the death penalty unconstitutional. "What he's saying, and what the motion is saying, is that you can't administer the ... death penalty fairly in Texas," says John Keirnan, a lawyer for the defendant. "This is the beginning of the end of the death penalty in Texas." Texas Attorney General Greg Abbott called Fine's action an example of "unabashed judicial activism."

Mercedes-Benz Hit With Large 'Lemon Law' Judgment

The Associated Press

A judge has ordered Mercedes-Benz USA to pay $482,000 in damages and legal fees to a Wisconsin customer who was sold a defective car and not given a refund on time. The customer's lawyer said he believes the judgment is the largest involving a single car under a state "lemon law," which protects consumers who are sold junk cars. A Mercedes-Benz spokeswoman said the company is strongly considering an appeal.

Fla. Insurance Case Could Set Precedent for Hurricane Claims

Daily Business Review

The Florida Supreme Court was asked Thursday to decide issues that may dictate the handling of hurricane claims, insurance payouts and deductibles. The case in dispute involves an $8.1 million federal verdict won by a Florida condo association against Australia-based QBE Insurance over its handling of a claim after Hurricane Wilma in 2005. The main issues: Does Florida recognize a claim for breach of implied warranty of good faith and fair dealing? If so, must the claim be brought after the fact like a bad faith claim?

HIV Misdiagnosis Spurs D.C. Court of Appeals to Reconsider Emotional Damages Rule

The National Law Journal

The D.C. Court of Appeals has granted an en banc hearing in the case of a man who is seeking the right to sue for emotional damages after he was misdiagnosed with HIV. The plaintiff, who spent five years believing he had HIV after he was falsely diagnosed, said he suffered severe depression. The case could give the court a chance to rethink a longstanding precedent in medical malpractice cases, which holds that courts can only grant damages for emotional distress if the plaintiff had been in a "zone of physical danger."

Panel Revives Royalties Suit Over Rock 'n' Roll Classic

New York Law Journal

Forty-seven years since "My Boyfriend's Back" hit No. 1 on the music charts, a New York appellate court last week restored two of six claims accusing F.G.G. Productions, which produced the song, of failing to honor its contract to pay royalties. The lawsuit was brought by Phyllis Sirico, one of two sisters who sang backup for the Angels, and Peggy Davison, the group's lead singer on "My Boyfriend's Back."

Already Facing Larceny Charge, Lawyer Is Now Accused of Attempted Bribery

New York Law Journal

A New York lawyer previously charged with stealing $700,000 from real estate investors is now facing an attempted bribery charge after allegedly trying to pay off a Nassau County clerk to expedite his request for information on a property he was trying to close on. According to prosecutors, Frederic Powell put a $100 bill on the clerk's counter and asked "if the process could be sped up." When he was told it could not, he put another $100 bill on the counter, which was again rejected.

Guns, Virtuous History and Internet Searches

The National Law Journal

Opponents of Chicago's handgun ban in McDonald v. Chicago argued that the high court should solely rely on secondary sources and not digital searches of original material that aim to prevent "Barbie dolls in the archeological dig," where advocates read modern facts into the historical record.

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Interview Strategies: Mind Your Mannerisms

Special to Law.com

The adage "It's not what you say, but how you say it" is true. In interviews you need to effectively communicate your professionalism both verbally and nonverbally. Valerie Fontaine and Roberta Kass discuss the importance of body language -- both yours and your interviewer's.

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