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In Divided Vote, Senate Confirms Sotomayor for High Court

The National Law Journal

In a 68-31 vote Thursday, the Senate confirmed Judge Sonia Sotomayor's nomination to the U.S. Supreme Court, making her the first Hispanic and third woman on the high court. She will be sworn in Saturday at the Supreme Court by Chief Justice John Roberts Jr. Administering the oath at the Court bucks a recent trend of having a White House ceremony. In changing the custom, the president is heeding some justices' concerns that a White House ceremony sends the message that justices are beholden to their appointing president.

Federal Circuit Clamps Down on Patent Attorney Misconduct Claims

The National Law Journal

A Tuesday ruling by the Federal Circuit puts the patent bar on notice that vague claims of another lawyer's intent to mislead or withhold data from the U.S. Patent and Trademark Office will no longer fly. The precedent-setting ruling makes it harder for patent lawyers to prove that another attorney intentionally deceived the PTO when presenting a patent application. Also Tuesday, the American Bar Association approved resolutions favoring restrictions on such misconduct claims.

Calif. Supreme Court Debates When a Partial Stay Stops Countdown to Trial

The Recorder

The question seems like one a first-year law student could answer: What constitutes a stay in court proceedings? But that very question was taken up recently by the California Supreme Court with prominent law firms clamoring for a reversal of a ruling they believe could have a severe impact on case management. The commotion is over a ruling that held that any partial stay of proceedings -- such as for discovery, or a case management conference -- tolls the five-year mandatory period for bringing a case to trial.

Judge Approves $15 Million in Fees in Madoff Matter

New York Law Journal

A bankruptcy judge has approved a request by the trustee liquidating Bernard Madoff's investment firm and his team of lawyers for roughly $15 million in interim counsel fees. Counsel for trustee Irving H. Picard told the judge that tracing the trail of money in the complex fraud required a full-service team of attorneys, and that the case has generated a "vast array of international litigation," an onion that "has yet to be peeled to its core."

Most Claims Dismissed in Wellbutrin Case

The Legal Intelligencer

A federal judge has dealt a major setback to the "indirect purchaser" plaintiffs in the massive antitrust litigation over the marketing of Wellbutrin XL, a popular antidepressant drug, by tossing out most of the claims on standing grounds. The plaintiffs, a group of employee benefit plans, were aiming to pursue the case as a class action, but U.S. District Judge Mary A. McLaughlin ruled they are entitled to pursue antitrust claims in only four states and consumer protection claims under the laws of two states.

'Catcher in the Rye' Copyright Fight Enters a New Chapter

The American Lawyer

Arguing that a copyright infringement claim -- especially one that may be invalid -- is no justification for banning a book, four of the United States' biggest news organizations on Thursday lined up behind a Swedish author's bid to publish a literary work whose central character is a 76-year-old version of Holden Caulfield. As a precedent for allowing the book's publication, the brief cites the Vietnam War-era "Pentagon Papers," which the Supreme Court refused to suppress despite government officials' arguments.

Twitter Sued on Patent Infringement Allegations

Texas Lawyer

TechRadium, a Texas-based developer of mass notification systems, filed a complaint Tuesday in Houston federal court alleging that Twitter infringes on its patented technology. The dispute arose after TechRadium learned that municipal governments were considering using Twitter for public emergency alerts. TechRadium seeks economic damages and a permanent injunction barring Twitter from infringing on its patents.

AIG's Former CEO, CFO to Pay $16.5 Million to Settle Fraud Charges

The American Lawyer

Federal regulators announced Thursday that AIG's ex-CEO Maurice Greenberg and ex-CFO Howard Smith had agreed to pay $16.5 million to settle charges that they helped the insurance giant hide losses from 2000 to 2005, when an accounting scandal forced Greenberg out. (Greenberg will pay $15 million; Smith, $1.5 million). Greenberg still faces a lawsuit brought by the New York attorney general's office.

Caught Up in Stripper Scandal, Judge Pleads Guilty to Bank Fraud

The Associated Press

A former Florida appeals court judge whose esteemed legal career ended amid accusations that he helped a stripper hide money from creditors pleaded guilty to bank fraud Thursday. Thomas E. Stringer admitted that he lied about the source of funds for a down payment on a home in Hawaii. He had listed himself as the sole owner, even though he was jointly investing in the house with an exotic dancer with whom he was involved. A prosecutor said the 65-year-old Stringer will not face prison time.

Another Jewel in the Weil Bankruptcy Crown

The American Lawyer

Another week, another major retail company turns to Weil, Gotshal & Manges to guide it through bankruptcy. This time it's Finlay Enterprises, a jewelry retailer with 200 stores nationwide. Weil began representing Finlay in March 2008, and has billed the company about $1.3 million since then. Partners and counsel on the case will bill between $650 and $950 per hour, while associate rates will range from $355 to $640 per hour, according to an affidavit filed in federal bankruptcy court Thursday.

Manhattan Court Reporter Charged With Endangerment for Piloting Rush-Hour Train

New York Law Journal

A New York court reporter piloted a Long Island Rail Road train during rush hour after an engineer allegedly allowed him to operate the double-decker train, a district attorney said in a statement Tuesday. The court reporter pleaded not guilty Tuesday to second-degree reckless endangerment for allegedly guiding the diesel-powered train at speeds reaching 80 miles per hour over multiple crossings and signals.

Writer of Vampire Novel Calls on Best-Selling Author to Stop the Bloodletting

The American Lawyer

Could the fourth book in the best-selling "Twilight" vampire romance series have been plagiarized? An obscure author and her lawyer from Sedgwick, Moran, Detert & Arnold say it was -- and are demanding that writer Stephanie Meyer admit to copying the material and that her publisher, the Hachette Book Group, stop distributing "Breaking Dawn," the latest installment in Meyer's series.

In Representing Himself, Terrorism Defendant Appears to Bolster Prosecution

Fulton County Daily Report

Having dismissed one of Atlanta's pre-eminent defense attorneys in order to defend himself on charges of aiding and abetting terrorists, Ehsanul Islam Sadequee spent hours cross-examining his convicted co-defendant on Thursday, eliciting testimony that seemed to bolster prosecutors' charges. Both men have contended that their conversations about jihad were harmless talk that never led to any real plans involving terrorism, but prosecutors have said their activities posed a threat to the United States.

4th Circuit Finds for McGuireWoods Over Alleged Retaliation and Discrimination

The National Law Journal

A federal appeals court on Thursday affirmed a jury's verdict in favor of McGuireWoods and a McGuireWoods partner in a suit filed by a legal secretary alleging retaliation and defamation. The suit alleged the firm and partner Joseph Tirone retaliated against Nancy Adair, who sought time off under the Family Medical Leave Act.

U.K. Elite Hold On to Equity as Salaried Partner Ranks Grow

Legal Week

The U.K.'s top law firms have tightened their grip on the purse strings, increasing equity partner count by less than 4 percent despite a double digit increase in overall partner numbers over the last five years. Legal Week research into partner headcount changes at the U.K.'s largest 25 firms by revenue shows that, on average, partner count grew by 16 percent from 2003-04 to 2008-09. There was only a 3.7 percent increase in equity partner numbers during the same period.

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Sloppy Redaction: To Err Is Automated

Special to Law.com

Redacting information can be frustrating for many legal professionals. Because of the wide dissemination of digital documents online, once a redaction failure occurs, it can be impossible to undo. Advances in technology can help the redaction process, but human review is still necessary.

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GCs Say Law Firms Have Little Cause for Complaint

Legal Week

If law firms are hoping that announcing their worst financial results since the early 1990s recession will cut them more slack with cost-conscious clients, they had better think again. From discussions of clients' impressions of profits generated at major U.K. law firms, it's clear that general counsel believe that large law firms are still doing very nicely by most yardsticks.

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Are Third-Years Ready to Try Felony Cases?

The American Lawyer

There's a growing consensus that third-year law students are ready to handle felony criminal matters, with proper supervision. This week, Ohio became the 42nd state to allow 3Ls to handle more than misdemeanors after a long campaign led by a non-profit that partners with several law schools. Not everyone was on board with the change. A few local lawyers argued it would lead to lower quality defense for indigent criminals, and at least one major area law school backed off supporting the change.

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Cold Call Results in Work Involving $4.6 Billion Steel Mill Project

Fulton County Daily Report

About seven months ago, attorney Timothy N. Toler of three-lawyer transactional construction law firm Toler & Hanrahan got a very unusual cold call. Based on a referral, the general counsel of SMS Siemag, a German engineering and metallurgical company, was calling Toler about work involving the building of a $4.6 billion steel processing facility in Alabama. "I think it is indicative of the times that general counsel are becoming more comfortable contacting small firms," says Toler.

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