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Feds Step Up Efforts to Convince Court Madoff Should Be Jailed

New York Law Journal

A prosecutor on Wednesday ramped up his effort to have Bernard Madoff jailed while awaiting trial for a multibillion-dollar Ponzi scheme. Assistant U.S. Attorney Marc Litt argued that Madoff, who has been out on bail since his arrest Dec. 11, is a genuine flight risk who cannot be trusted with assets that could be used to compensate victims of his fraud. Saying that the case law is on the government's side, Litt asked Magistrate Judge Ronald Ellis to share his broad reading of the Bail Reform Act.

Morgan Lewis Switches to Merit-Based Bonuses

The Legal Intelligencer

Morgan Lewis & Bockius announced it has adopted a merit-based bonus system for associates in the 2009 fiscal year. The firm said it is doing away with its requirement that associates log 2,000 billable hours in order to receive a bonus -- as well as any promises that reaching that mark will ensure a bonus. Consultant Steven Kruza said that Morgan Lewis seems to have "weathered the [recession] storm pretty well" and that moving away from the lockstep structure appears to be more of a precautionary measure.

2nd Circuit Sets 'High Hurdle' to Alter Fees in Bankruptcy

New York Law Journal

A federal appellate court has established a "high hurdle" for bankruptcy clients who seek to alter court-approved fees for professionals who have worked on a contingency basis. In a case involving the rare instance of attorney fees, the 2nd U.S. Circuit Court of Appeals ruled in a case of first impression that clients seeking a reduction in contingent fees must show that the fees were "improvident in light of developments not capable of being anticipated."

Federal Judge Pleads Not Guilty to New Criminal Charges

Texas Lawyer

U.S. District Judge Samuel B. Kent, who faces trial on Jan. 26 in Houston on three federal criminal charges, pleaded not guilty Wednesday to three additional charges just hours after they were lodged against him in a superseding indictment. After Kent pleaded not guilty before 5th Circuit Judge Edward Prado, prosecutors from the DOJ asked the judge to consider two issues at sidebar. Kent's defense attorney objected, but Prado overruled him and had the courtroom cleared for the 55-minute hearing.

State of California Appears Favored in Attorney Conflict Case

The Recorder

It wasn't a good sign for attorney Stuart Somach when California Supreme Court Justice Joyce Kennard told him during oral arguments that he didn't have a single case to support his position -- except for one ruling that she seemed ready to void. Somach was arguing that staff attorneys for administrative law agencies shouldn't simultaneously serve as prosecutors in one matter while acting as advisers to the same agency in an unrelated case. The court's decision could affect attorneys within all state agencies.

Defense Attorneys Square Off in Fee Dispute

The American Lawyer

A fee dispute between defense attorneys stemming from the 2004 conviction of investment manager Nathan Chapman Jr. went to trial on Monday in Baltimore. The suit pits Blank Rome and former litigation partner William Martin against a local lawyer who claims he's owed more than $200,000 in fees for serving as behind-the-scenes co-counsel to Chapman during the latter's trial. At issue is the extent of the relationship between Blank Rome, Martin, Chapman and plaintiff Nathaniel Jones of Jones & Associates.

A Peek at SG Nominee Kagan's Law School Transcript, Recommendations

Legal Times

The praise coming from Harvard Law School colleagues of Dean Elena Kagan, who was named this week to be the next solicitor general, is effusive -- and, it turns out, long-standing. Files at the Library of Congress include Kagan's 1986 application to be Justice Thurgood Marshall's law clerk, along with recommendations from five Harvard Law professors. Included also is her law school transcript, which indicates, interestingly, that Kagan got something of a low start in her first semester 1L courses.

DOJ Appeals in Kuehne Money-Laundering Case

The Associated Press

The Justice Department is appealing a judge's dismissal of a key conspiracy charge against prominent Miami attorney Ben Kuehne, who is accused of illegal dealings with a Colombian drug kingpin. Defense lawyers around the country are closely watching the case. Kuehne is a well-known defense lawyer who represented Al Gore in the 2000 Florida recount battle.

Surgeon Sues Estranged Wife for Return of Kidney

The Associated Press

A New York surgeon embroiled in a nearly four-year divorce proceeding wants his estranged wife to return the kidney he donated to her, although he says he'll settle for $1.5 million in compensation. Richard Batista accuses his wife of starting an extramarital affair some months after the 2001 kidney transplant. Matrimonial lawyers expressed skepticism that Batista would succeed in his demands.

Gibson Dunn Vet to Lead Milberg's New Bankruptcy Group

The National Law Journal

Jonathan M. Landers, an expert in bankruptcy and insolvency law who has been representing Citibank in matters involving defunct law firms Heller Ehrman and Thelen, has joined Milberg as a partner and will head the firm's new bankruptcy practice. Landers, who was a partner in the New York office of Gibson, Dunn & Crutcher, said the opportunity to build a bankruptcy practice at Milberg "came out of the blue," adding, "This is an entrepreneurial thing, and I think I have an entrepreneurial streak."

Specter Says Obama Did Not Consult Him on DOJ Nominees

Legal Times

Key members of the Senate Intelligence Committee complained this week that they had no advance notice of President-elect Barack Obama's choice to lead the Central Intelligence Agency. Sen. Arlen Specter, the ranking Republican on the Senate Judiciary Committee, says Obama was equally tight-lipped with him about nominees for the Department of Justice. "You ought to seek the ranking member's advice," Specter said in an interview, noting that the DOJ nominations announced Monday took him by surprise.

Feds Seize $425,000 From Former DA Linked to Judicial Bribery Probe

The Associated Press

Federal authorities have seized $425,000 from a former DA linked to the most sweeping judicial bribery investigation in Mississippi in years. While no formal charges have been made public against former Hinds County District Attorney Ed Peters, prosecutors have spelled out his alleged involvement in court documents. The federal investigation has already snagged several politically connected attorneys, including Richard "Dickie" Scruggs, who made a name for himself in the tobacco settlements of the 1990s.

Investor Running Out of Options to Avoid Paying $108 Million Judgment

Daily Business Review

A Florida court has handed a loss to socialite and real estate investor Thomas Kramer in his effort to stave off a $108 million judgment in Switzerland. The case centers on a dispute over an investment deal with Kramer's former father-in-law, whom Kramer agreed to repay under an installment plan that included a Swiss forum selection clause. But the Swiss action straddled a change in law. Now, the Florida court has found that a judgment issued in Switzerland and affirmed by an appellate court "is stamped as final."

Three Corporate Partners From Dreier Stein Jump to Wildman Harrold

The National Law Journal

Three corporate partners at Dreier Stein Kahan Browne Woods George joined Wildman, Harrold, Allen & Dixon this week, following the departures of 20 other Dreier Stein lawyers to form their own firm, and Dreier LLP's filing for Chapter 11 bankruptcy protection on Dec. 16. Federal prosecutors and the SEC claim that Marc Dreier masterminded an investment fraud of more than $100 million involving three hedge funds. Another 35 Dreier Stein attorneys are in discussions to merge with another firm.

Mayer Brown Corporate Partner Heading to Hong Kong

The American Lawyer

In the first such move since its 2007 acquisition of Hong Kong firm Johnson Stokes & Master, Mayer Brown has transferred a senior corporate partner from London to Hong Kong. Corporate finance specialist Mark Uhrynuk will lead a new U.S. corporate and securities practice, targeting Hong Kong and mainland China companies seeking to list abroad.

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What Steams Me About Technology

Law Technology News

At LegalTech New York, Ted Banks, former chief counsel for global compliance at Kraft Foods, will be on a panel called "What I Hate About Technology, and What I Expect My Outside Counsel, Co-Counsel, Vendors & Employees to Do About It." Banks lets the steam out with his pet peeves.

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ACC Offers Tips on Weathering Economic Storm

Fulton County Daily Report

The generation that lived through the Great Depression might now have an advantage when it comes to managing a budget for a corporate law department -- or anything else, for that matter -- according to Susan Hackett, general counsel and senior vice president for the Association of Corporate Counsel. The GCs' GC offers a few frugality tips for consideration. At the top of the list: Don't ask outside counsel for a discounted rate or a freeze on fees.

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Delays in Attorney Retirement Could Contribute to Firm Overcrowding

The National Law Journal

An estimated 250,000 baby boomer attorneys have begun entering retirement age. But with the recent plunge in values of 401(k) plans and other nest-egg assets, more attorneys may choose, or need, to keep working. While the upside for law firms is less brain drain, the downside is an excess of lawyers combined with a diminishing workload. And associate attrition has become almost nil, says consultant and blogger Bruce MacEwen, so both ends of the firm pipeline are clogged -- which means things may get ugly.

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