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Patent Defendant Turns the Tables With Rarely Used Strategy

The Recorder

There was a time when E-Pass Technologies had Palm on the defensive, accusing the company of infringement on its handheld devices and seeking huge royalties. But the tables have turned: Palm and other defendants that E-Pass sued are going after the inventor's patent holding company for millions of dollars after a judge scolded E-Pass for its conduct and awarded attorney fees to the defendants. A Ropes & Gray attorney who represents a Palm spin-off in the case said it may become a more popular tactic.

Merck Agrees to $58 Million Settlement Over Vioxx Ad Claims

The Associated Press

Merck has agreed to pay $58 million as part of a multistate settlement of allegations that its ads for the once-popular painkiller Vioxx deceptively played down the health risks. As part of the agreement Merck must submit all new TV commercials for its drugs to the FDA for review before they can be aired. Another provision bars the company from "ghostwriting," a practice in which academic scientists were allegedly paid to take credit for positive research articles prepared by company-hired medical writers.

Holland & Knight Cuts Staff Jobs

Daily Business Review

Holland & Knight, one of only three law firms on this year's Am Law 100 to report a drop in revenue, is laying off 70 legal secretaries firmwide in a cost-cutting move. Firm brass say the firm has been affected more directly by the economic slowdown than other national and international law firms because its roots are in Florida, which has been more acutely affected by the housing downturn than many other parts of the nation.

Scalia: A Courtroom Is Not a Cocktail Party

The Associated Press

U.S. Supreme Court justices Antonin Scalia and John Paul Stevens had a roomful of lawyers laughing as they spoke at a dinner of the 7th Circuit Bar Association Monday. Among the tips Scalia offered: When writing briefs and giving arguments, lawyers should "use words that would make people look at you funny if you were to use them at a cocktail party."

Ga. Supreme Court Hears Key Case on Vaccine Suits

Fulton County Daily Report

An Atlanta lawyer is asking the Georgia appellate courts to put the brakes on a train of decisions nationwide that have stymied suits over alleged adverse effects of vaccines. The case argued Tuesday was brought by a couple who say their son suffered neurological problems as a result of childhood vaccines. The vaccine manufacturer defendants argue that the couple's claims cannot succeed because of a federal law that set up a system of compensation outside of the regular court system for vaccine injuries.

Sanctions Hearing Set for Lawyer Found to Have Humiliated Litigants, Other Attorneys

Daily Business Review

A referee has recommended that outspoken lawyer Jack Thompson be found guilty of numerous Florida Bar rule violations. Judge Dava Tunis concluded that Thompson made false statements to tribunals, disparaged and humiliated litigants and other lawyers, and improperly practiced law outside the state of Florida. A name partner at one law firm referred to Thompson's actions as "emotional stalking."

Don't Jump to Conclusions: Leap Year Doesn't Shorten Statute of Limitations

New York Law Journal

On March 22, 2007, right on the cusp of a five-year statute of limitations, Jerry Brooks was indicted for allegedly lying on forms he needed to win a contract. His attorney argued that the period for bringing charges had expired because 2004 was a leap year. A New York judge has rejected that idea -- to the disappointment but not the surprise of the attorney, who said, "This is something that wasn't really litigated or touched on before, so we thought we'd give it a shot."

Tough Year for Class Action Attorneys Continues

The National Law Journal

Three Lexington, Ky., attorneys filed into a federal courtroom last week to face criminal charges that they stole $46 million in settlement money from clients who won a case alleging injuries from the diet drug fen-phen. With criminal prosecutions of class action attorneys who have made millions of dollars off their cases unfolding through indictments from New York to Mississippi to Kentucky, government officials are starting to call for more scrutiny of such litigation.

Hundredfold Disparity in Spouses' Incomes Leads to Award of Interim Counsel Fees

New York Law Journal

A husband earning roughly 100 times more than his wife must pay her counsel $75,000 in interim fees, a Brooklyn appeals panel has ruled, reversing a Long Island judge who denied the wife's requested relief. Arguing that his wife had over-litigated the case, Robert Prichep denied allegations that he had engaged in any "obstructionist tactics." An attorney for the husband called the appeals court's decision "politically correct" but "surprising."

Gibson Dunn Makes Singapore Debut With Jones Day Hires

Legal Week

Gibson Dunn & Crutcher has launched an office in Singapore after hiring a three-partner team from Jones Day. Gibson Dunn corporate partner Jai Pathak has moved from the firm's Los Angeles office to lead the new branch, where he will be joined by three new partners. The new office -- supported by around half a dozen other staff -- will focus primarily on U.S., English and Indian law in areas including real estate, capital markets, private equity and finance.

Lawyer Not Guilty of Shooting Because of Mental Disease

The Associated Press

A judge has ruled that a Stamford, Conn., lawyer who shot at a motorist is not guilty because he has a mental disease. Forty-year-old Eric Witlin has been sent to a state mental hospital for evaluation until he returns to court July 14. Police say Witlin fired a shotgun twice at a motorist, then broke into the home of his ex-wife and entered with the gun while his 11-year-old son was in his bedroom.

E-Discovery Is All in the Asking

New York Law Journal

In e-discovery, communicating in a clear and precise manner about what you want, and why you want it, can go a long way. Wolf Haldenstein's Adam J. Levitt and Scott J. Farrell note that a recent federal decision offers some simple, commonsense advice on how to best achieve e-discovery objectives.

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Circuit Courts Address Discrimination Based on Interracial Association

Special to Law.com

Two federal appellate courts have recently addressed whether Title VII prohibits discrimination based on an employee's association with a person of a different race. Jenner & Block's Carla J. Rozycki and Darren M. Mungerson discuss these rulings and their possible consequences, including the potential extension of Title VII sex discrimination prohibitions to employees due to their same-sex relationships.

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Three Things That Make Solo Practice Worth It

Texas Lawyer

Solo practice is hard stuff: all the risk and responsibility with no one to help shoulder the load. As Three Dog Night once sang, "One is the loneliest number." Yet for all those attorneys who eschew law firm life in favor of going solo, there must be something that makes it worthwhile. Texas lawyer Paul Schorn describes the three things that make solo practice a joy for him. You keep your legal fees, you don't have to attend partners' meetings and you can show up for work in jeans and a T-shirt.

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