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The Accidental Laterals

The American Lawyer

As so many law firms either pared their ranks or dissolved completely in recent months, it's clear that not all the newcomers to the lateral market intended to be there. Call them accidental laterals. With so many lawyers job-hunting, the tenor of their experience was markedly different than that of the typical lateral itching to find a new home. The equation changed for law firms looking for fresh talent, too. What can firms and tomorrow's accidental laterals learn from this past year? On the recruiting side, the advice boils down to a maddening bromide: Move quickly -- but not too quickly!

Judge: In-House Attorney's Failure to Research FMLA Shows Lack of Good Faith

The Legal Intelligencer

A federal judge has awarded liquidated damages, effectively doubling a jury's verdict in a Family and Medical Leave Act case after finding that an in-house lawyer's failure to research whether a pregnant worker was covered by the FMLA was evidence of the company's lack of good faith. The company lawyer testified at trial that he had determined it was "OK" to terminate the worker because she was a "brand new employee." The judge said the lawyer's "cursory determination" on the issue was "inadequate."

Famed Trial Lawyer Enters Marvel's Tangled Legal Web

The American Lawyer

Famed trial lawyer Martin Garbus -- whose notable clients have included Lenny Bruce and Don Imus -- has filed a derivative suit in U.S. District Court in Manhattan on behalf of four shareholders of Stan Lee Media Inc., against legendary comic book creator Stan Lee, Marvel Entertainment and other individuals. In the suit, Garbus claims the defendants violated his clients' copyrights and improperly pocketed $750 million in proceeds from Marvel-owned franchises like Spider-Man, Iron Man and the X-Men.

Oversight Tightened After Guardian Thefts

New York Law Journal

The former New York judge who appointed Steven T. Rondos to oversee at least seven of the guardianship accounts that Rondos is charged with fleecing expressed dismay at the news in a phone interview Thursday. "I am disappointed -- I just thought he was really one of the good guys," said former Brooklyn Supreme Court Justice Leonard Scholnick. A spokesman for the Office of Court Administration acknowledged on Thursday some "flaws" in the system for overseeing guardians' work but said those flaws were now corrected.

Judge Rejects Obama Bid to Stall Gitmo Trial

The Associated Press

A military judge at Guantanamo rejected on Thursday a White House request to suspend a hearing for the alleged mastermind of the USS Cole bombing, creating an unexpected challenge for the administration as it reviews how America puts suspected terrorists on trial. The judge, Army Col. James Pohl, said his decision was difficult but necessary to protect "the public interest in a speedy trial." The ruling came in the case against Abd al-Rahim al-Nashiri. The bombing killed 17 U.S. sailors.

Law Firm Hits Back at 'Girls Gone Wild' Client in Court Filing

The American Lawyer

The legal divorce between Joe Francis of "Girls Gone Wild" fame and his soon-to-be-former lawyers from The Bernhoft Law Firm might soon be appropriately nicknamed Lawyers Gone Wild. Faced with a March trial on federal tax evasion charges, Francis all but accused The Bernhoft Firm's two main partners of malpractice. But in a three-page declaration filed on Thursday before a district court judge in Los Angeles, one of the partners hit back at the client he can't seem to get rid of fast enough.

Ropes & Gray Cuts Staff

The National Law Journal

Boston-based Ropes & Gray cut 106 staff positions, or 10 percent of its non-lawyer staff, on Thursday, announcing the news in a firmwide memo sent by Chairman Brad Malt, who stated that the firm's clients and marketplace "have been seriously affected by the continuing global economic downturn." Intellectual property firm Fish & Richardson also conducted a non-lawyer staff layoff on Thursday, letting go 30 employees across eight U.S. offices.

Former Lehman Chairman May Face Creditor Heat Over $10 Deal

Daily Business Review

Richard Fuld, ex-chairman of Lehman Brothers Holdings, "sold" his oceanfront Jupiter Island, Fla., mansion to his wife for $10. But he may have made himself vulnerable to more trouble as the investment bank's massive bankruptcy case unfolds. Under Florida's Uniform Fraudulent Transfer Act, prospective creditors could contend the transfer was intended to avoid repaying them, say bankruptcy attorneys. In March 2004, the couple paid $13.75 million for the property, which is now assessed at $13.3 million.

Quinn Emanuel Sees Double-Digit Growth in Revenue, Profits

The American Lawyer

Revenue at Quinn Emanuel was $441.9 million in 2008, up 15 percent from the prior year. Profits jumped 10 percent, to $260 million. Profits per partner -- already near the top of the Am Law 100 in 2007 -- rose 11 percent to $3.3 million. According to managing partner John Quinn, lawyers racked up an average of 200 hours a month during a peak period. A major case for the firm in 2008 was the Bratz copyright trial, in which Quinn Emanuel successfully represented Mattel against MGA Entertainment, maker of a competing doll.

Dinsmore & Shohl Shows Mixed Year-End Results

The American Lawyer

Cincinnati-based Dinsmore & Shohl reported mixed results for 2008, with gross revenue solidly up but profits per partner showing a double-digit decrease. Gross revenue rose 10.7 percent to $132.8 million. Firm profits were down 4 percent to $44 million; profits per partner declined almost 16 percent to $385,000. Managing partner George Vincent says the acquisition of two 20-plus lawyer groups helped the firm's gross revenue but hurt its bottom line. He says both corporate and litigation work were off last year.

Finnegan Henderson Attorney Pitches Key Patent Case to High Court

The National Law Journal

The Federal Circuit's In re Bilski decision rewrote the boundaries of business method patents, and attorney Michael Jakes is fighting back. On behalf of Equitable Resources Inc., the Finnegan, Henderson, Farabow, Garrett & Dunner partner this week filed a writ of certiorari asking the U.S. Supreme Court to overturn the ruling. He spoke with The National Law Journal about the reasons why Bilski is invalid, the impact of the decision and the usefulness of business method patents.

Who Else Needs to Be 'Learned in the Law'?

Legal Times

In a post about Solicitor General-designate Elena Kagan, we invoked the oft-repeated chestnut that the solicitor general is the only position whose occupant is required by statute to be "learned in the law." Well, not quite. A careful reader alerted us to 2 U.S.C. Sec. 288(a)(2), which states that the counsel and deputy counsel of the U.S. Senate also "shall be learned in the law." But did former Solicitor General Seth Waxman once make the same mistake we did?

Clifford Chance to Cut Moscow Head Count by 20 Percent

Legal Week

Clifford Chance is targeting a 20 percent reduction in lawyer head count in its Moscow office over the current financial year, with the firm's Middle East offices also set for a potential drop in numbers. In Moscow, Clifford Chance has laid off around six lawyers through individual consultations, with the office losing another 24 lawyers through natural attrition, taking the total lawyer numbers down to about 150 in the office.

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King & Spalding Expands Middle East Property Practice

The National Law Journal

Atlanta's King & Spalding has expanded its Middle East property practice with the deployment of two senior lawyers to its Abu Dhabi office. The move brings the number of King & Spalding lawyers and legal assistants in the Middle East to 27. Partner W. Clay Gibson and senior counsel Timothy N. Tucker have relocated from Atlanta to Abu Dhabi, where Gibson will head the real estate practice in the region.

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Pitfalls of Runaway E-Discovery Requests

Fulton County Daily Report

The quest to examine all ESI and pursue discovery sanctions often leads to runaway litigation costs. A lawsuit's true merits don't justify engaging in every EDD process available, says Morris Manning litigation partner Larry H. Kunin. Three scenarios illustrate his point.

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10 Job Search Tips for Downsized In-House Attorneys

Fulton County Daily Report

Deborah M. House, vice president and deputy general counsel of the Association of Corporate Counsel, has done her share of job hunting and hiring. She estimates she has pursued and been offered 10 jobs in her career -- she has been rejected for three -- and has hired 50 people from hundreds of candidates. So House feels she is in a strong position to offer advice to in-house lawyers who've been laid off or downsized in the current economic calamity and are looking for work.

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Confessions of a High-Paid Fashion Failure

The National Law Journal

Think the Fashion Police are an urban legend? Think again. Attorney Tracey I. Batt describes her harrowing experience during a "full-scale intervention" at her former law firm, which came after she apparently failed to follow the firm's multipage, full-color brochure on appropriate "business casual" attire. The good news is that Batt, now director of a nonprofit legal services organization, currently works from home -- although demands for "business casual" may lurk just around the corner.

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