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Bucking Victim 'Fury,' Madoff Seeks 12-Year Sentence

New York Law Journal

Ever since Bernard Madoff surrendered to the FBI after acknowledging he had no excuse for a fraud that exceeded $13 billion, defense attorney Ira Lee Sorkin has been in a unique position, trying to salvage what he can for a client whose guilt was established from the start, even if that means winning only an outside chance Madoff could walk out of prison for a brief period at the end of his life. Tuesday, Sorkin outlined factors he said weighed in Madoff's favor, including his age and his cooperation with authorities.

Suit Against UBS Continues, Says Justice Department

The National Law Journal

The Justice Department on Tuesday denied a New York Times report that suggests the federal government may soon halt its efforts to compel the Swiss bank UBS to release the names of thousands of American investors amid an ongoing tax evasion investigation. "While the Department is always willing to consider settlement in any case, the suggestion that the Department is planning to drop this suit is simply untrue," a DOJ spokesman said in a statement.

Sotomayor, Word by Word

The National Law Journal

In her work on the 2nd Circuit, Judge Sonia Sotomayor's preoccupation with case history contributes to long, plodding opinions that some see as a weak spot in her resume. A sometimes leaden writing style has emerged as a point of criticism now that Sotomayor has been nominated to the U.S. Supreme Court -- even though the writing of some current justices also fails to soar. But supporters say that Sotomayor's focus on details and unembellished language shows thoroughness, humility and transparency.

Intellectual Ventures and Intuit Work Out $120 Million Licensing Deal, Say Sources

The Recorder

Intellectual Ventures, the secretive "invention capital company" that lays claim to some 27,000 patents, is making tech companies that it identifies as infringing on its patents pay -- in a big way. Its latest deal: a licensing agreement with financial software company Intuit that will bring in $120 million, according to sources. Tech companies deal with countless infringement accusations from patent holders -- but the size of the agreements that IV has been extracting, without ever bringing a lawsuit, makes them stand out.

Restaurateurs Seek Supreme Court Review of San Francisco Health Insurance Mandate

The National Law Journal

An association representing the restaurant industry has filed a petition for writ of certiorari before the U.S. Supreme Court to overturn a ruling by the 9th Circuit upholding a law requiring San Francisco employers to provide health insurance to employees. A Nixon Peabody attorney who represents the Golden Gate Restaurant Association says the 9th Circuit ruling is inconsistent with Supreme Court precedent and is based on a novel theory.

Law Firms Leaders Feeling Less Grim About the Future, Survey Shows

The Recorder

Law firm leaders feel the economy is stabilizing and could even improve over the next six months, a survey from consulting firm Hildebrandt International says. About two-thirds of 133 managing partners or chairmen surveyed said the economy is the same or better than six months ago, and 59 percent expect a stable or improving economy over the next six months. However, many still expect layoffs in the near future due to rising expenses.

Who Won the Huntsman Case? Both Sides Claim Satisfaction

The American Lawyer

Huntsman Corp. on Tuesday announced a $1.73 billion settlement with Deutsche Bank and Credit Suisse Group, the banks it sued for backing out of financing its busted $10 billion merger with Hexion Specialty Chemicals. The announcement brought an abrupt end to the trial that began just a week ago and to the litigation marathon undertaken by the troubled Texas-based chemical company. Both sides in the case are claiming victory.

Holocaust Victims' Lawyer Disbarred for Trust-Fund Dipping

New Jersey Law Journal

The New Jersey Supreme Court has ordered the disbarment of attorney Edward Fagan, who won millions of dollars in settlements for Holocaust victims but who also misappropriated some of their money to pay his debts. During a June hearing, Fagan said authorities' handling of the evidence may have deprived him of a chance to prove that the money he took was for legal work and he asked for a remand for more fact-finding. But the justices declined and found him guilty of knowing misappropriation of client and escrow funds.

Skin Care Guru's Ex-Wife Signed Away Right to Discuss Divorce, Conn. Supreme Court Rules

The Connecticut Law Tribune

Establishing a new point of Connecticut case law, the state Supreme Court has concluded that private waivers of First Amendment free speech rights are "presumptively enforceable." Decisions on the validity of such waivers should be made on a case-by-case basis, taking into account the background and abilities of the person waiving the rights, the court ruled. The decision came in a case involving a multimillionaire skin doctor and his ex-wife, who wanted to talk about their divorce on television news magazine "20/20."

False Claims Act Case Makes Second Trip to Supreme Court

The American Lawyer

The Supreme Court on Monday granted certiorari on the issue of what constitutes public disclosure under the False Claims Act. The suit itself, which is making an unexpected return trip to the high court, is no blockbuster -- "a dinky little case," in the words of John Boese of Fried, Frank, Harris, Shriver & Jacobson, who authored one of five briefs filed by high-powered amici asking the Court to grant certiorari. But the case is poised to make important law and resolve a nearly even circuit split.

N.Y. Attorney General Plans to Sue Lawyer for Fraud Over Pensions

New York Law Journal

A lawyer who was listed as an employee of six school districts and collected $83,000 in pension money as a result may have committed civil fraud, according to New York Attorney General Andrew Cuomo. Cuomo said in a statement he was planning to sue Lawrence W. Reich, whose pension benefits were suspended last year as a result of a probe into whether public agencies had improperly classified independent contractors as employees. The suit against Reich would be the first filed by the AG's office in that probe.

FTC Chairman Pushes Antitrust Legislation Against Pharmaceutical 'Pay-for-Delay Payments'

The National Law Journal

Jon Leibowitz, the new chairman of the Federal Trade Commission, gave ammunition Tuesday to those who want to ban pharmaceutical companies from paying competitors who agree to delay the introduction of generic alternatives. Leibowitz said an internal FTC study has determined that eliminating such payments would save consumers $3.5 billion a year in drug costs. These "exclusion payments" or "pay-for-delay payments" are the subject of several bills in Congress and of litigation in appellate courts across the U.S.

N.Y. State Bar 'Refines' Position on Same-Sex Couples, Says Marriage Is the Only Possible Path to Equality

New York Law Journal

Legalizing same-sex marriage is the only way to achieve full equality for gay and lesbian couples, the New York State Bar Association's policy-making body has concluded, abandoning a menu of legislative options it offered only four years ago. The bar group's House of Delegates overwhelmingly endorsed an amendment to the state Domestic Relations Law "to allow same-sex couples to marry and to recognize their marriages if contracted elsewhere."

Norton Rose Acquiring Australia's Deacons

The American Lawyer

U.K. law firm Norton Rose has agreed to acquire Australia's Deacons, expanding its presence in the Asia-Pacific region by more than 500 lawyers. Approved by votes at both partnerships on Monday, the tie-up will be the largest to date in the region. "We are making a deliberate play to become one of the leaders in the Asia-Pacific region," Norton Rose chief executive Peter Martyr says. "We think there's a limited window for that."

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Crafting a More Effective Keyword Search

Law Technology News

Despite the bench's mounting frustration with the senseless, slipshod way keyword search is conducted in e-discovery, lawyers still don't know how to fashion effective, defensible queries. Until better judicial guidance emerges, follow EDD Special Master Craig Ball's step-by-step guide.

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Will Downsizing Solve the SEC's Problems?

The National Law Journal

Although the Obama administration appears to have backed off from more extreme plans to merge the Securities and Exchange Commission in a major consolidation of agencies, the SEC may still surrender authority to the Federal Reserve Board, the Federal Deposit Insurance Corp. and a new consumer protection agency. Inept as some divisions of the SEC may have been, however, it does not follow that moving around the boxes on a regulatory design chart will improve matters, says law professor John C. Coffee Jr.

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Veering Off Law Firm Career Path May Be the Way to Go for Some

The Legal Intelligencer

The industry is changing. And that means lawyers' views of their career paths need to change as well. Several industry consultants remain optimistic about the options available to lawyers who may choose a different path, as long as they maintain an entrepreneurial spirit. "The whole industry is in turmoil, so each lawyer ... has to look inside and say: 'Who am I and what do I want to do when I grow up?'" said consultant Raymond Bayley. And that might mean a career alternative or a career transition, according to consultant David E. Behrend.

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Successful New Firm Uses Fixed Fees for Entrepreneurial Clients

The National Law Journal

Attorneys Frank Natoli and Moshe Lapin launched their new law firm in March 2008, just six months before the economy began its free fall. The timing proved something of a boon because of the firm's niche: low-cost legal services for entrepreneurs launching new business ventures. Natoli credits the firm's success to its business model, which includes offering unbundled, flat-fee basic services geared toward new business owners. Following a virtual law firm model also means 80 percent of the firm's revenue is profit.

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