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No Decision Yet on Terror Trial Venue, Holder Says

The National Law Journal

Sparring with critics at a hearing on Capitol Hill, Attorney General Eric Holder Jr. said Tuesday that he has yet to decide where the federal government will try Khalid Sheikh Mohammed and others accused of planning the Sept. 11 terrorist attacks. Holder has faced weeks of building criticism from Republicans about his decisions in national security cases, including his initial plan to try Mohammed in federal district court in New York. At the hearing, he pushed back against sharp questioning from GOP members.

Judge Blocks Rival's Effort to Learn Value of Facebook's Stock

New York Law Journal

In a fee dispute between Quinn Emanuel and the former owners of ConnectU, a New York judge has blocked an attempt by ConnectU to force rival Facebook to answer subpoenas seeking information on the value of its stock. At issue is exactly how much of a contingency fee Quinn Emanuel has earned for its representation of ConnectU in the 2007 settlement of a high-profile trade secrets case that accused Facebook founder Mark Zuckerberg of stealing the idea for the social media site from his Harvard classmates, the founders of ConnectU.

Judge Lets Stand Nadel Receiver's Lawsuit Against Holland & Knight

Daily Business Review

A Sarasota, Fla., judge dismissed some counts but let stand malpractice and breach of fiduciary duty charges in a lawsuit filed against Holland & Knight by the receiver in a $168 million Ponzi scheme. The rulings by Circuit Judge Rick DeFuria keep alive a suit Burton Wiand filed last year against the law firm and one of its partners, Scott MacLeod. Wiand of Wiand Guerra King of Tampa, Fla., was appointed receiver in 2009 to try to recover funds from indicted Sarasota hedge fund manager Arthur Nadel.

Judicial Conference Moves Federal Courts Toward More Public Access

The National Law Journal

At its closed-door meeting at the Supreme Court on Tuesday, the Judicial Conference approved measures aimed at making federal court documents and courtroom audio recordings more widely available and at lower cost. The conference voted to increase the number of documents members of the public can obtain free through the PACER system, and also moved to expand on a successful two-year pilot program that has made digital audio of court proceedings available through PACER at a handful of district and bankruptcy courts nationwide.

11th Circuit Affirms $20,000 Sanction Against 'Birther' Lawyer

Fulton County Daily Report

The 11th Circuit has affirmed a $20,000 sanction that a federal judge in Georgia levied against Orly Taitz, the California dentist-lawyer who has filed suits across the country challenging the legitimacy of Barack Obama's presidency, claiming he was born in Kenya. The judge sanctioned Taitz for filing frivolous litigation with an "absolute absence of any legitimate legal argument" and for attempting to misuse the federal courts to promote her political agenda. The 11th Circuit found Taitz's arguments "unpersuasive."

Confidentiality Issues Mushroom in the Tribune Bankruptcy

The American Lawyer

The Tribune Co. bankruptcy, which has already seen its share of dustups over such diverse matters as fee examiners and Sidley Austin's proposed rates, has generated yet another twist, according to court records: possible sanctions against a bondholder after its law firm, Brown Rudnick, mistakenly included confidential papers in a public filing. The Brown Rudnick mistake, and the possible repercussions for the firm's client, are only a small piece of a larger confidentiality battle looming in the Tribune bankruptcy.

Sex-Bias Plaintiffs Can Sue Rutgers' Law Firm Over Its Handling of Suit

New Jersey Law Journal

The 3rd Circuit says a law firm can be sued over its work in a sexual harassment case against a Rutgers University professor, even though the firm didn't represent the plaintiffs. The ruling reinstates a suit by three former Rutgers students against McElroy, Deutsch, Mulvaney & Carpenter. The plaintiffs allege that the firm -- which Rutgers retained as counsel in proceedings against the professor -- acted as their lawyers, too, and they accuse the firm of malpractice and breach of fiduciary duty for how it resolved the case.

At Ruden McClosky, the Exodus Continues

The American Lawyer

Ruden McClosky, the Florida firm that has lost about 50 partners and two offices over the past year, saw five more lawyers wave goodbye this week for Fox Rothschild. The mass departures to various firms have spurred rumors that Ruden is on the verge of dissolving, an idea that the firm has denied. One of the lawyers who switched to Fox Rothschild says she thinks the Ruden firm will survive, partly because the January loss of eight critical lawyers to Adams and Reese served as something of a wake-up call.

Conn. Lawyer's Disciplinary Case Examines Behavior at Depositions

The Connecticut Law Tribune

An investigation into a grievance complaint against a veteran Connecticut insurance defense attorney has raised questions about the boundaries of attorney behavior at depositions. A grievance panel unanimously found probable cause that Andrew J. O'Keefe was too harsh on a deponent, stating that his tone and questioning, "in areas which were at best peripherally involved in the issues in the case, went beyond the realm of zealous advocacy." A statewide grievance committee will hold a hearing on the issue on April 7.

Temporary Lawyer Sues Wilmer for Defamation

The National Law Journal

A lawyer who was fired from a temporary legal staffing company has filed a defamation suit against Wilmer Cutler Pickering Hale and Dorr. James Zhang was working at Wilmer's D.C. office as a lawyer with Special Counsel when one of Wilmer's attorneys asked him if he was downloading firm documents onto his flash drive. Zhang said he was not but alleges that he was let go by Special Counsel after someone informed the company about the "baseless suspicion" that he had stolen documents.

Lehman Estate Files Restructuring Plan

The American Lawyer

Bankruptcy lawyers for Lehman Brothers have filed a reorganization plan that calls for the creation of Lamco, an asset-management subsidiary carved out of Lehman that will help put an end to the largest Chapter 11 case in U.S. history. According to the plan, filed Monday by Lehman's lead bankruptcy lawyers at Weil, Gotshal & Manges, Lamco will manage real estate, private equity and derivatives assets held by the defunct investment bank to sell them off at a premium to generate proceeds for Lehman creditors.

Sex Harassment Suit Given Surprise Third Shot at 11th Circuit

The National Law Journal

Two men who are suing Home Depot for alleged sexual harassment and retaliation will have their case heard by the entire 11th Circuit, and they didn't even have to ask. In an order that surprised the plaintiffs' attorney, the 11th Circuit has decided on its own to have the whole court rehear the case, which claims that a male HR manager made numerous, unwanted sexual advances toward the plaintiffs, telling one of them, "You're the Italian heifer that I like." Both men allege they were fired for complaining about the manager.

Children's 'Exhausting' Schedule Leads to Loss of Father's Custody Rights

New York Law Journal

The father of two junior tennis prospects has been stripped of custody by a New York state judge who found their training schedule to be "overly burdensome, exhausting and completely unacceptable." The boys, aged 10 and 5, were required to leave school early to spend six hours a day at tennis practice and play tournaments on the weekends. The judge awarded sole custody to the boy's mother.

DLA Piper Faces Sexual Discrimination Claim From Former Partner

Legal Week

DLA Piper is defending itself before an employment tribunal in Liverpool, England, against sexual discrimination allegations brought by a former partner. The six-day hearing kicked off Monday after former real estate partner Sarah Sweeney started proceedings against DLA Piper last year. Sweeney, who joined DLA as a trainee in 1996, was asked to leave the firm in 2008 while pregnant.

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Social Networking Pitfalls for Judges, Attorneys

New York Law Journal

The perils of online communication by judges and lawyers have emerged in several scenarios that highlight what happens when social networking sites and ethical boundaries meet, observes Ken Strutin, director of legal information services at the New York State Defenders Association.

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