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1976 Copyright Law Meets 21st Century in Case Before 11th Circuit

Fulton County Daily Report

Kenneth W. Starr had been addressing the 11th Circuit en banc for less than a minute when a judge interrupted, saying, "Mr. Starr, we're familiar with the facts. Let's get to the heart of things." Starr is representing the National Geographic Society in a battle to market its magazine archive as a CD-ROM library without paying freelancers royalties. While the case's facts may be known, courts have long wrestled with how to apply a 1976 copyright law to a medium that Congress couldn't have then imagined.

Attorney Faces Criminal Charges After Clients Quit Their Nursing Jobs

New York Law Journal

A lawyer who advised 10 nurses that they were free to quit their jobs at a New York nursing facility now faces 13 criminal charges as a result of the nurses' walkout -- a prosecution his supporters say could have a chilling effect on attorneys who represent workers in labor disputes. The local DA's office claims that the nurses endangered five chronically ill children and one terminally ill man when they left their posts without giving sufficient notice to administrators to find replacements.

Third BAR/BRI Suit Filed Over Prices

The National Law Journal

Is the third time a charm? Eliot Disner, the lawyer who objected to a $49 million class action settlement last year in an antitrust case he filed against the makers of the BAR/BRI bar review preparatory course, has filed a third suit to break up an alleged monopoly and reimburse students for the inflated prices they paid. That case was filed by two law school graduates who alleged they overpaid for their BAR/BRI courses, as well as three law students who expect to take the bar exam in 2008 or 2009.

Did Allison Engine Case Throw a Rod Before the U.S. Supreme Court?

Legal Times

Oral argument in the whistleblower case of Allison Engine Company v. United States took a strange twist Tuesday when Supreme Court justices, at least temporarily, seemed convinced that crucial facts of the case were not quite what they had appeared. After seemingly new information emerged, an exasperated Justice Antonin Scalia said to one of the lawyers, "I wish you had said that in your brief, because we could have saved ourselves a lot of reading."

Lawsuit Proceeds Against NBC Over 'Dateline' Suicide

New York Law Journal

NBC cannot shake a suit blaming it for the suicide of a Texas prosecutor and suspected pedophile while the cast and crew of its "Dateline" program were waiting outside his home to film his arrest by a police SWAT team. A federal judge rejected the network's motion to dismiss the complaint brought by the prosecutor's sister, saying if the allegations are proved true, a reasonable jury could find "NBC crossed the line from responsible journalism to irresponsible and reckless intrusion into law enforcement."

Attorney: Jailhouse Lawyer Under Investigation for Providing Inmate Legal Help

The Associated Press

The prison law clerk who convinced the U.S. Supreme Court to hear a fellow inmate's case is being investigated by South Carolina authorities for practicing law without a license, the prisoner's attorney said. Michael Ray helped fellow inmate Keith Lavon Burgess appeal his conviction for possession of crack cocaine with the intent to distribute. Ray, who is a member of the ABA and a certified paralegal, earns 29 cents an hour for his work but charges no other fees for his services, Ray's attorney said.

Lawyer Disbarred for Splitting Fees, Other Misconduct

New York Law Journal

In 2002, real estate lawyer Keith G. Rubenstein, eager to bolster his shaky finances, signed on to an unusual arrangement to serve as a front for a personal injury practice owned by a non-lawyer entrepreneur who made his fortune in taxicab medallions. Now, a New York court has disbarred Rubenstein, finding that the deal violated several disciplinary rules involving fee-splitting with non-lawyers, aiding the unauthorized practice of law, paying for client referrals and filing false retainer agreements.

Saul Ewing Revenue Up by 1.6 Percent; PPP and RPL Decrease

The Legal Intelligencer

Saul Ewing saw modest growth in its gross revenue and decreases in its revenue per lawyer, profits per equity partner and average compensation for all partners in 2007. The firm's revenue increased by 1.6 percent and revenue per lawyer dropped by about 1 percent in 2007, due partly to the closing of three large-fee nonrecurring matters at the end of 2006. The firm's interest in adapting in the wake of the close of those three matters has led to the addition of some partners and the departure of others.

Ballard Spahr's National Focus Helps Boost Revenue by 15 Percent

The Legal Intelligencer

Ballard Spahr Andrews & Ingersoll focused on replicating its strong ties to the Philadelphia market in cities around the U.S. in 2007. The shift in strategy resulted in much of the firm's growth in 2007 coming out of the western United States. Overall gross revenue for the firm increased by 15.2 percent and profits per equity partner increased by 5.8 percent in 2007. The firm expects to do more marketing and lateral hiring and is also considering opening an office in South America or Europe.

Korean Legal Services Set to Open Up

The National Law Journal

South Korea remains one of the last countries in Asia to liberalize its legal services market. Currently, foreign law firms are prohibited from establishing offices in Korea, and lawyers with foreign licenses are not officially allowed to practice foreign law. There are about 400 foreign attorneys employed as "foreign legal consultants" in various Korean firms, but they are not permitted to work independently and they have no formal registration system. But the landscape may be about to change.

Litigation Trio Heads for Bristows as Howrey Restructures London Branch

Legal Week

Bristows has hired three litigation partners from Howrey's London office as the U.S. firm moves to implement a major overhaul of its London arm. Partners Geoffrey Gauci and Charles Pugh leave Howrey's global litigation practice on Friday, with James Irvine following a month later. Trevor Soames, Howrey's acting London managing partner, said the firm was refocusing its efforts in London in a bid to drive up profitability.

For Skadden's Robert Bennett, It's All in a Week's Spin

Legal Times

Skadden partner and consummate Washington spinmaster Robert Bennett has had big weeks before, but last week was one of the biggest yet. Whether appearing on the "Today" show or trying to save John McCain's campaign from disaster after reports that the GOP presidential candidate had an inappropriate relationship with a Washington, D.C., lobbyist, Bennett displayed all of the attributes that have made him the go-to-guy for the scandal-plagued: media savvy, political connections and legal know-how.

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Nip EDD Costs in the Bud

New York Law Journal

Parties to litigation must prepare to discuss electronically stored information at the Federal Rule 26(f) "meet and greet" conference by understanding clients' computer systems, says Weil Gotshal partner David Lender. Having met that challenge, he explains, parties can limit breadth and associated costs of e-discovery.

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Associate Salary Spikes Pinch Partner Profits

The Recorder

As California law firms continue to post their 2007 financial results, their leaders say back-to-back associate salary increases bit into partner profits. "The fact is that we only passed on much less than half of the associate salary increases onto the clients, and the partners have absorbed more," says Sheppard Mullin Chairman Guy Halgren. "The partners made less money." Other firms took different approaches to sucking up the added hits, such as adopting a merit-based salary schedule.

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