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High Court Finds Lawyers and Their Advice Covered by Bankruptcy Reform Law

The National Law Journal

Consumer bankruptcy lawyers are "debt relief agencies" under a 2005 federal bankruptcy law and restrictions on the type of advice they can give clients are constitutional, the U.S. Supreme Court ruled on Monday. In a challenge brought by a Minnesota law firm, the justices unanimously held that the plain language of the Bankruptcy Abuse Prevention and Consumer Protection Act clearly indicates that lawyers function as debt relief agencies when they provide bankruptcy help to consumers covered by the law.

Poll Shows Public Support for Cameras at the High Court

The National Law Journal

A new public opinion poll being released today found that more than 60 percent of voters think that televising U.S. Supreme Court proceedings would be "good for democracy." The poll, conducted by PublicMind, also indicates that more than half of voters believe that Supreme Court justices, who currently enjoy life tenure, should be limited to 18 years on the bench. The Supreme Court has clung to its long-standing opposition to cameras despite a steady but generally low-intensity campaign to change its mind.

GM Battles to Withhold Safety Secrets

The Connecticut Law Tribune

It's a potentially explosive lawsuit focusing on the safety record of a major automaker. And it has nothing to do with Toyota. A small army of defense lawyers for once-mighty General Motors is battling in Connecticut court to seal court documents that indicate that poorly designed seat backs may have led to numerous deaths and injuries. Those documents were from a Philadelphia case that involved a woman who was killed in an accident involving a GM-made vehicle.

Chief Justice Recuses in New Wyeth Case

The National Law Journal

The Supreme Court on Monday announced it was granting review in Bruesewitz v. Wyeth, a test of the scope of the pre-emption provision of the National Childhood Vaccine Injury Act of 1986. It also noted that Chief Justice John Roberts Jr. "took no part" in the decision to take the case. Though the justices almost never reveal their reasons for recusal, this one is almost certainly based on Roberts' stock ownership in Pfizer, which also became an issue in last year's landmark pre-emption case Wyeth v. Levine.

Weil Posts Flat Revenue, Slight Rise in Profits

The American Lawyer

Weil, Gotshal & Manges reported flat 2009 gross revenue and a modest uptick in profits per partner Monday. The results are slightly surprising given the firm's strong bankruptcy practice last year, but executive partner Barry Wolf said that other parts of the firm suffered from the economic downturn. According to the firm, gross revenue rose just .18 percent, from $1,230,801,620 in 2008 to $1,233,054,282 in 2009. Revenue per lawyer dropped by about 1.6 percent, while profits per equity partner rose by 1.8 percent.

Juror's Trash Talk About Lawyers Leads to Mistrial

New Jersey Law Journal

A New Jersey trial judge did the right thing in vacating a cocaine conviction based on a juror's comment that "defense attorneys can be assholes," an appeals court says. Burlington City, N.J., police officer John Fine, a prosecution witness in the case, said a juror uttered those words to him in a courthouse elevator. Fine immediately told a detective in the prosecutor's office but the detective waited until after the verdict to tell the prosecutor, who told the judge.

Greenberg Traurig Terminates Partner Facing Theft-of-Services Charges

The American Lawyer

Mark McCombs, a government affairs partner in the Chicago office of Greenberg Traurig, was arrested at home and charged Friday by state prosecutors in Illinois with bilking more than $1 million from a Chicago suburb through inflated legal bills, according to a report in the Chicago Tribune. In a statement released late Friday, Greenberg Traurig said "upon learning of these charges, the law firm severed connections" with McCombs and is fully cooperating with the investigation.

Judge Chastises McKesson Exec's Defense Team but Reins In Prosecution

The Recorder

Former McKesson HBOC Chairman Charles McCall, the last defendant to be sentenced in a lengthy case involving cooked books at the company, got 10 years for securities fraud Friday, considerably less than prosecutors sought. Federal Judge William Alsup complimented lawyers on both sides for superb work but rapped McCall's defense team for trying to keep McCall out of prison pending appeal and dinged the defense for failing to preserve objections during trial.

How to Get Attorneys to Read Something: E-Mail Them Telling Them Not to

Daily Business Review

According to a lawyer with Fowler White Burnett, the firm recently e-mailed all its attorneys, telling them not to read a Daily Business Review article that detailed a juicy lawsuit filed against the firm and Lilly Ann Sanchez, head of the firm's white-collar division and a former federal prosecutor. The apparent result of the e-mail: just the opposite of what the firm intended.

Supreme Court Puts High-Emotion Funeral Protest Case on Docket

The National Law Journal

Few recent confrontations have stirred as much emotion and debate as the spate of protests conducted at funerals for U.S. soldiers killed in the wars in Iraq and Afghanistan. The Supreme Court has agreed to take up a hot-button First Amendment dispute involving members of the Topeka, Kan., Westboro Baptist Church who, seeking to spread the word that God is punishing America for its acceptance of homosexuality, have shown up at funerals with signs carrying messages such as "Thank God for Dead Soldiers" and "God Hates You."

Orrick Team Cracks Chip World's Dr. Qu

The Recorder

For 10 years, semiconductor companies took their medicine from Dr. Qu. In case after case, Tessera Inc. relied on Jianman Qu's expert testimony and computer model to prove patent infringement against the chip industry's biggest companies. And Tessera never lost -- until now. The International Trade Commission ruled against Tessera, finding Qu's model for proving infringement decidedly lacking after lawyers from Orrick, Herrington & Sutcliffe got through with him on the witness stand.

Conduct Board Admits Not Investigating Complaints Against Pa. Judge

The Legal Intelligencer

Despite receiving four complaints since 2004 against former Luzerne County, Pa., Judge Michael Conahan, who is facing federal racketeering charges, the Pennsylvania Judicial Conduct Board never investigated any of them, it has admitted in writing. And in a startling revelation, the board's chief counsel, Joseph Massa, said that, not only did the board fail to refer a detailed 2006 complaint to the U.S. Attorney's Office, he didn't turn it over to investigators until nearly 18 months later, in April 2008.

Disbarred Attorney Sentenced to 21 Months for Estate Thefts

The Associated Press

A disbarred Erie, Pa., attorney has been sentenced to 21 months in federal prison for stealing nearly $200,000 from estate clients. J. Gregory Moore was indicted on mail fraud charges after confessing to authorities last year. His attorney unsuccessfully sought probation Monday, citing Moore's status as a Vietnam War veteran and Sunday school teacher.

Bankruptcy Judge Clears Way to Liquidate Tavern on the Green's Assets

New York Law Journal

Lamenting the amount of time wasted in the Chapter 11 case of Tavern on the Green, a New York federal judge last week cleared the way for the liquidation of the famed eatery's remaining assets. Judge Allan L. Gropper granted the committee's request to convert the reorganization to a Chapter 7, and told the feuding parties he would appoint an independent trustee to oversee the liquidation. "I think we've wasted time in this case, a lot of time," Gropper said in a ruling from the bench.

Former DOJ Officials, ABA Show Support for Guantanamo Lawyers

The National Law Journal

Prominent former Department of Justice officials are joining the growing criticism against efforts to question the ethics and loyalty of current DOJ attorneys who, in private practice, had advocated for Guantanamo Bay detainees. The Brookings Institution issued a statement on Sunday denouncing the attacks on DOJ attorneys as "shameful" and "unjust." A group of prominent lawyers in private practice as well as policy specialists at Brookings endorsed the joint statement.

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Lovells Shakes Up Salaried Partner Bonus Ahead of Hogan Merger

Legal Week

Lovells is set to change the way it pays bonuses to its non-equity partners to bring them in line with merger partner Hogan & Hartson. The new system will see Lovells' salaried partners receive a fixed sum paid out of a central bonus pool directly related to the overall profits of the firm. The system will be phased in over a two-year period and ultimately lead to a bonus pool that amounts to 15 percent of the overall profits of the firm -- the percentage currently used by Hogan & Hartson.

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Firms Slow to Awaken to Cybersecurity Threat

The National Law Journal

A recent report concluded law firms -- attractive targets because they maintain sensitive client data -- are being targeted by sophisticated and well-funded teams of cyberattackers. But firms don't often realize they've been infiltrated and rarely go public with security breaches.

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SEC's New Enforcement Chief: 1 Year Into the Job

The American Lawyer

SEC Enforcement Director Robert Khuzami joined the agency at what was, arguably, its lowest point. Working under a tough mandate to reform the division to the satisfaction of Congress and investors, and to boost morale, he's brought about the most sweeping changes since the 1970s.

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