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EEOC Hit With $4.5 Million in Fees After Dismissal of Sexual Harassment Suit

The National Law Journal

A federal judge in Iowa has ordered the Equal Employment Opportunity Commission to pay $4.56 million in attorney fees and expenses to a Cedar Rapids trucking business after dismissing a sexual harassment lawsuit brought by the agency on behalf of approximately 270 female drivers. The fee award against the EEOC, while not unprecedented, is unusual, according to one of the attorneys who defended the trucking company, and may be among the largest imposed by a federal court.

Cravath Answers Airgas Suit, Takes Case to Federal Court

The Legal Intelligencer

Lawyers for Airgas and its former law firm, Cravath, didn't show up Tuesday for a preliminary injunction hearing because the firm removed the case to federal court. Cravath struck back Tuesday at Airgas' claims the firm possessed confidential information that could be used against it in Air Products' $5 billion offer to acquire Airgas, arguing if Airgas was so concerned, it would have sued months ago when Cravath terminated its relationship with Airgas and told the company it was representing Air Products.

Senate Republicans Wage Stealth War Over Judges

The National Law Journal

The scene has become familiar in the U.S. Senate: A nominee for a federal judgeship lingers for months without a confirmation vote, held up by an anonymous objection, but, when the roll is eventually called, not a single senator votes against the nominee. It's a strategy that's proven effective in part because Democrats haven't pressed the issue, so Republicans haven't needed to take a public stand in order to delay nominees. But the White House is hoping to change that by picking up the pace of nominations.

Judge Rules Student's Facebook Rants About Teacher Are Protected Speech

The Associated Press

A student who set up a Facebook page to complain about her teacher -- and was later suspended -- had every right to do so under the First Amendment, a federal magistrate has ruled. The ruling not only allows Katherine Evans' suit against the principal to move forward, it could set a precedent in cases involving speech and online social networking, experts say. In 2007, Evans, then a high school honors student, created a page on the popular social networking site where she vented about "the worst teacher I've ever met."

For Former Brocade CEO's Backdating Retrial, Feds Want Lawyer's Quotes In

The Recorder

If the government has its way, a defense lawyer's media statements will be used against former Brocade CEO Gregory Reyes in his retrial for backdating stock options. The quotes came from Skadden, Arps, Slate, Meagher & Flom partner Richard Marmaro, who represented Reyes during his first backdating trial. Even though Marmaro is no longer representing Reyes at trial, prosecutors will seek to introduce Marmaro's press release statements by calling to the stand PR man Michael Sitrick, whom Reyes employed before his first trial.

Kenneth Starr Named President of Baylor University

The American Lawyer

Kenneth Starr, always to be remembered as the independent counsel who oversaw the Whitewater investigation that led to impeachment proceedings against Bill Clinton, has been named president of Baylor University just as a new book about Whitewater is hitting the bookstores. Will Starr's move to Baylor mean that he is saying goodbye to Kirkland Ellis and the courtroom?

Profits, Revenue Move Up at Gibson Dunn

The American Lawyer

Despite the economic downturn, revenue and profits remain on an upward trajectory at Gibson, Dunn & Crutcher, according to the firm, which has released its financials for 2009. Gross revenue rose nearly 4 percent to $995 million, marking the best income performance in the firm's history. Profits per equity partner also increased, albeit by a more modest 1.6 percent, to 1.905 million. "In the context of what was happening," says firm Chairman Kenneth Doran, "it was an extraordinarily strong year for us."

Panel Denies Law Firm's Bid for Interest on Arbitrated Fee Award

New York Law Journal

A law firm is not entitled to collect interest on an arbitration award of fees that accrued because the firm refused to release the funds to a client who balked at signing a waiver of malpractice, a unanimous appeals panel in Manhattan ruled last week in an unsigned opinion. Separately, the panel ruled that arbitrators hearing fee disputes under a court-authorized system have authority to grant interest even though court rules do not address the issue.

In Dispute Over Disassembled Camaro, Court Finds Personal Jurisdiction but Not From 'Passive' Web Site

New York Law Journal

In a dispute between a New York man who sent his vintage Camaro to Pennsylvania for the installation of custom parts and the repairmen who allegedly took the car apart and did not put it back together, a court has ruled that the repair shop's "thoroughly passive" Web site is not, by itself, grounds for personal jurisdiction in New York over the shop owner. However, the panel found that the site, along with other circumstances, supported the jurisdiction assertion, and affirmed the denial of defendants' motion to dismiss.

D.C. Circuit Revives Age Discrimination Suit Against PricewaterhouseCoopers

The National Law Journal

A federal appeals court in Washington, D.C., has given new life to a suit brought by two PricewaterhouseCoopers employees who allege they were denied promotion to partnership due to their age. The D.C. Circuit on Tuesday remanded the case to the trial court after reversing the dismissal of state claims brought under the New York Human Rights Law.

Kaye Scholer Announces Leadership Changes

New York Law Journal

Kaye Scholer has announced a leadership shake-up that would have a Chicago-based restructuring lawyer, Michael Solow, taking over for longtime managing partner Barry Willner upon his retirement. Solow will initially become co-managing partner with Willner -- and, along with Stephen Gliatta of the firm's New York real estate department, will also co-chair the firm's executive committee with Willner. The addition of the two partners to the 470-lawyer firm's management is part of a generational handover, said Willner.

N.Y. High Court Reinstates False Instrument Counts Against Firm

New York Law Journal

New York's highest court has reinstated four counts of offering a false instrument against a Long Island law firm which allegedly included inaccurate information in retainer statements filed with the Office of Court Administration. A state appeals panel had thrown out the charges against the Law Offices of Silverman & Taylor, ruling that because OCA officials did not "check, verify or rely" on the retainer statements, there was no proof that the firm acted with an intent to defraud.

Kraft Foods Bestows 'Free Market Award' on Morgan Lewis

Corporate Counsel

The legal department of Kraft Foods is trying a unique approach to get more value from its outside counsel. It held a contest to determine which of the law firms demonstrates best the principles of free market competition. The contest not only identified a firm that Kraft feels provides exceptional value to the company, it's also significantly changed the way Kraft assigns legal work to law firms, said general counsel Marc Firestone.

FTC Blogging Rules Pose Advertising Risks

New York Law Journal

The most practical issue raised by the FTC's updated guidance to advertisers is the liability risk corporate advertisers face with social media, such as blogs in word-of-mouth campaigns. Attorney Shari Claire Lewis discusses steps corporations might take to meet the FTC's requirements.

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Lawyers Can Turn to Other Law Firm Jobs

The Legal Intelligencer

Today, there's no need to leave the legal profession if you no longer wish to practice law. Attorneys are well-suited to several administrative roles within a law firm setting, as discussed by Saul Ewing's Leslie Kart Gross and Jennifer Smuts of Connolly Bove Lodge & Hutz.

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New Small Firms Focus on Clients Big and Small

The Connecticut Law Tribune

Robert Mitchell and Margaret Sheahan left the partnership at Pullman & Comley to start a firm in mid-January, catering mainly to Connecticut-based small businesses and individuals. "We deal with a market segment different from Pullman & Comley that couldn't be supported with the rates we were charging," says Sheahan. Meanwhile, Russell Savrann and Irvin Sandman's new Connecticut firm has formed associations with small firms in Boston and Seattle so that it can get additional help as needed on big deals.

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