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Judge Strikes Down Patent Office's New Rules

The Recorder

IP lawyers rejoiced Tuesday as a federal judge in Virginia rejected new rules for streamlining the patent process that had applicants apoplectic. Judge James Cacheris voided the rules because, he wrote, the U.S. Patent and Trademark Office doesn't have the authority to make the changes. The patent office was seeking to unclog the backlog of patent applications, but patent lawyers criticized the new rules for unfairly limiting complex patents and for retroactively affecting pending applications.

Oregon 'Blue Sky' Suit Proceeds Against Seward & Kissel in New York

New York Law Journal

Aider and abettor claims against lawyers in securities fraud cases are barred under federal law, but a New York federal judge has ruled that a suit brought under Oregon's "Blue Sky" law may proceed against a New York law firm. The suit by an Oregon-based investor stems from Seward & Kissel's representation of Wood River Partners, a hedge fund that collapsed in 2005. The suit claims Seward & Kissel helped Wood River perpetrate fraud by drafting documents and allowing its name to be used in a fund prospectus.

Did Prosecutors Mishandle Skilling Evidence?

The American Lawyer

Does the latest appeal by former Enron CEO Jeffrey Skilling to overturn his May 2006 conviction stand a chance? It depends on who you ask, but the proceedings scheduled for today in New Orleans before a three-judge panel in the 5th U.S. Circuit Court of Appeals are sure to be lively. The big question to be argued: Did prosecutors mishandle key evidence before Skilling's trial?

Lawyers From Sullivan & Worcester Energy Group Head for Sonnenschein

Legal Times

Six years ago, Clint Vince tried to lure lawyer and lobbyist Elliot Portnoy to his firm, Sullivan & Worcester. No dice. Portnoy went to Sonnenschein Nath & Rosenthal, where he rapidly rose to become the firm's chairman. Now, Vince and 17 other members of Sullivan's energy practice have bolted for Sonnenschein's Public Law and Policy Strategies group, which includes everything from M&A to lobbying and corporate responsibility work.

2nd Circuit Allows Bias Claim of White Man With Black Wife

New York Law Journal

The 2nd Circuit held for the first time Tuesday that Title VII of the Civil Rights Act of 1964 may be violated where a white man is fired for associating with a person of another race -- in this case his black wife. Reinstating the action brought by a former Iona College assistant basketball coach, the circuit said it disagreed with other courts that have held that such a claim cannot stand because the plaintiff is not alleging discrimination motivated "because of such individual's race."

Davis Polk Makes Rare Lateral Hire in Beijing

Legal Week

Davis Polk & Wardwell has completed the hire of O'Melveny & Myers Beijing head Howard Zhang in a rare lateral hire for the elite New York firm. M&A heavyweight Zhang joins Davis Polk as a partner April 7 in the Manhattan firm's Beijing office. Zhang, a former diplomat with the Chinese government, specializes in venture capital and private equity work. His clients include private equity houses, investment banks and multinational corporations.

Attorney Unlicensed in Florida Still Awarded $1 Million in Fees in Messy Probate Case

Daily Business Review

A Florida judge has awarded a North Carolina attorney $1 million in fees for representing a wealthy widow in a messy probate case even though the attorney was not licensed to practice law in Florida. The judge noted that the solo's work helped produce "an excellent result," and that the widow "behaved despicably" during legal proceedings and was not a credible witness. The settlement gave the widow a $31.5 million life trust, rights to a $7 million home, plus $500,000, three exotic cars and three horses.

Clifford Chance Lands Key EADS Role

The American Lawyer

Clifford Chance is advising European aerospace and defense company EADS on proceedings brought against the company and some of its directors by France's Autorite des Marches Financiers for breach of market information duties and for breach of insider trading rules. The Magic Circle firm's role emerged Tuesday after the AMF -- the French equivalent of the SEC -- confirmed it would launch a formal action against the company and some of its current and former executives following an 18-month investigation.

Raise Out of Budget, Again, for N.Y. Judges

New York Law Journal

As the New York Legislature prepared to pass the 10th consecutive budget that doesn't contain a pay raise for judges, Chief Judge Judith Kaye's attorney on Monday outlined her possible suit to force lawmakers and the governor to break the salary impasse. Though Kaye insists that a pay suit by the judiciary against the other two branches of state government is a last resort, she spoke of when she was prepared to bring the action. "I would say shortly, during April," she said. "Earlier rather than later."

Lead Scare Brings Prospect of More Corporate Liability

The National Law Journal

The recent rush to recall lead-tainted toys and other products has regulatory and corporate lawyers scrambling to upgrade clients' testing programs and supplier contracts, as well as bracing for deeper regulation from new legislation. More litigation initiated by the U.S. Consumer Product Safety Commission and the expansion of potential criminal liability for executives, which the commission very rarely used in the past, is on the horizon, said Mintz, Levin, Cohn, Ferris, Glovsky and Popeo's Chuck Samuels.

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Do Behavioral Ads Endanger Your Privacy?

New York Law Journal

An increasing number of Americans have become aware that data from online search engines like Yahoo and Google are being used to target advertising to them, a practice known as behavioral advertising. A bill in New York would restrict this use of private data. Be careful where you search.

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