Legal Research

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Democrats Take Aim at Supreme Court Decisions

The National Law Journal

Since January, Democratic lawmakers have pushed legislation that would reverse the effects of recent high-profile Supreme Court decisions, many of them driven by the Court's five-member conservative majority. The bills have little in common except that they would all override the Supreme Court's interpretations of law. Each bill is an expression of liberals' frustration with the direction of the Roberts Court -- and their hopes for Sonia Sotomayor.

Did Pfizer Intimidate a Key Plaintiffs Witness on the Eve of the Neurontin Trial?

The American Lawyer

Did Pfizer cross the line on the eve of last month's crucial test trial involving its controversial Neurontin drug? Questions linger about why the world's largest pharmaceutical company sent a former CIA agent to a whistleblowing scientist's home the day before he was due to testify. The scientist told The Am Law Litigation Daily he and his family felt intimidated by the investigator's appearance and are still shaken by the event. Pfizer has apologized, but maintains in a newly filed brief that the investigator followed standard protocols.

Movie Monsters Help Set Intellectual Property Precedents

The Legal Intelligencer

In the movies, it seems that monsters are always up to no good -- making mayhem or setting fires. But in a Philadelphia federal court last week, a couple dozen movie monsters made important new law and set significant precedents in the area of copyrights and trademarks that will help define the doctrine of "fair use" for years to come.

Senate Confirms Legal Nominees, but Not the Biggest Ones

The National Law Journal

The confirmation of incoming Supreme Court Justice Sonia Sotomayor has broken a logjam of presidential nominees for other legal posts. But the highest-level nominees -- three circuit court nominees and four nominees for assistant attorney general positions -- will likely be waiting at least another month.

2nd Circuit Rebuffs Attempt to Obtain Spitzer Wiretap Data

New York Law Journal

The New York Times has lost its bid to obtain wiretap information related to former New York Gov. Eliot Spitzer's involvement in a prostitution ring. The federal law that permits disclosure of wiretap information on a showing of good cause does not allow disclosure based solely on the news media's interest in publishing the information, the 2nd Circuit ruled on Friday. The panel also ruled that the Times did not have a First Amendment right to gain access to wiretap applications and related documents.

Linklaters Faces Dispute Over Layoffs

Legal Week

Linklaters has confirmed that it is facing legal action from at least one former employee relating to layoffs conducted earlier this year. The law firm restructured heavily through a global program dubbed Linklaters New World, under which the firm laid off some 400 people, about half lawyers and half business support staff.

Feds: Former Madoff CFO to Plead Guilty to Criminal Charges

The Associated Press

The former chief financial officer for disgraced financier Bernard Madoff -- long rumored to be cooperating with authorities -- is expected to plead guilty to unspecified criminal charges, prosecutors said Friday. In a letter to a judge, prosecutors said Frank DiPascali agreed to enter the plea on Tuesday in federal court in Manhattan. The probable plea deal signals "more indictments are coming, and probably quite soon," according to a former federal prosecutor now in criminal defense.

Violent Terms Are Often Used in Defense Work, Attorneys Say

New York Law Journal

The most striking evidence against defense attorney Robert Simels, on trial for witness tampering, has been the recordings made by an undercover witness in which Simels repeatedly talks of the need to "neutralize," "eliminate" or "kill" witnesses. But in discussions last week with about a dozen defense attorneys -- who, like Simels, have represented gang leaders and accused murderers -- Simels' colleagues unanimously agreed that the use of violent language is often necessary or intentional.

Blank Rome Settles Malpractice Claim for $20 Million

The Legal Intelligencer

Blank Rome has entered into a $20 million agreement with the trustee of a former client now in bankruptcy, American Business Financial Services, to settle a complaint alleging breach of fiduciary duty, professional malpractice and breach of contract. The settlement was approved by a U.S. bankruptcy judge for the District of Delaware on July 28. Blank Rome does not admit any liability or wrongdoing in agreeing to the settlement, according to the agreement.

Cameras Come to the Supreme Court -- in HD, No Less

The National Law Journal

While a Supreme Court justice, David Souter zealously discouraged attempts to bring broadcast media into the Court, under the "camel's nose" theory -- once they had the slightest access, the media would soon be demanding full access to Court proceedings, he feared. Now, the camel and the camera are inside the tent. The Supreme Court's surprise announcement that part of nominee Sonia Sotomayor's oath-taking would be televised marks the first time anyone can recall such an event at the Court being broadcast.

Firm That Took On Legal Malpractice Case Now a Defendant in One

The National Law Journal

A former client of Motley Rice claims that the South Carolina law firm botched his malpractice case against another law firm that handled his divorce. Attorney Denis Ventriglia alleged in a lawsuit filed on Thursday that plaintiffs class action firm Motley Rice was inexperienced in pursuing legal malpractice claims and itself committed legal malpractice in his case against North Carolina divorce firm Reid, Lewis, Deese, Nance & Person. Call it a case of legal malpractice times two.

Same-Sex Marriage Opponent Fights $12,000 in Court Costs

The Recorder

The Campaign for California Families spent years opposing same-sex marriage, with briefs in trial and appellate courts and arguments before the state's highest court last year. But the group now says it was never a true party to the cases and shouldn't have to pay $12,000 in court costs ordered by a Superior Court judge. For the city of San Francisco and civil rights groups involved in the case, the most puzzling aspect of the appeal is the group's willingness to risk more costs and fees over relatively little money.

Patent Defense: Some Things Even a Rat Won't Do

The Recorder

A joint defense in a patent case can allow defendants to share information and create a strong unified front, but the collaboration is high-stakes. One of the biggest risks is colorfully referred to as a "Texas rat fuck" -- a bunch of defendants settle, and leave one hanging in the wind.

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Disgraced Former UBS GC Now a Williams & Connolly Partner

The American Lawyer

Sometime in the last year, with no fanfare, Williams & Connolly welcomed David Aufhauser back to the firm. Aufhauser possesses the sort of gilded resume entries that any firm would covet: former GC of banking conglomerate UBS, and a former GC of the U.S. Department of the Treasury. But he has another entry in his biography that makes his return to Williams & Connolly somewhat surprising. Last October he settled charges that he engaged in insider trading at UBS, agreeing to pay $6.5 million.

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Martindale-Hubbell: 'The Way I Connected'

Legal Tech Newsletter

Martindale-Hubbell Connected is an online community designed for legal professionals that is quickly expanding as lawyers realize the advantages to connecting and collaborating with trusted colleagues. Here, two different lawyers with different needs chronicle their connection to M-H.

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Has Economic Uncertainty Expanded Reach of the Foreign Corrupt Practices Act?

New York Law Journal

In today's uncertain economic times, as foreign governments implement varying bailout strategies for previously private enterprises, the number of "foreign officials" for Foreign Corrupt Practices Act purposes has the potential to dramatically increase, say attorneys Stephanie J. Meltzer and Christopher E. Tierney. This is particularly true given that the percentage of foreign government ownership or amount of control needed to deem employees "foreign officials" for FCPA purposes remains an open question.

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Legal Sector Still Contracting While Unemployment Rate Falls

The American Lawyer

Although job losses stopped their steep decline in July and the national unemployment rate fell for the first time in over a year, the U.S. legal sector wasn't spared another dose of bad news. According to a report released by the Bureau of Labor Statistics on Friday, the legal services industry lost another 2,700 jobs last month, according to seasonally adjusted statistics. The 0.23 percent drop in jobs in legal services reflects the continued attrition of attorney and support staff jobs at Am Law firms.

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Older but Wiser: Get With the Program!

Special to Law.com

One common, but often unstated, perception working against senior job candidates is that they are not as technologically savvy as their juniors. Similarly, candidates who have been out of the job market for a while may not be as aware of changing trends affecting the legal profession. In this installment in their series for older attorneys making job transitions, consultants Valerie Fontaine and Roberta Kass discuss getting up to date on technology and trends, and communicating that knowledge to employers.

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