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Madoff Wins Bid to Avoid Jail; Judge Tightens Bail Conditions

New York Law Journal

The government has lost its bid to have Bernard Madoff jailed while awaiting trial for a Ponzi scheme in which losses could reach $50 billion. New York Magistrate Judge Ronald Ellis recognized an expansive reading of the Bail Reform Act to include economic damage caused by a defendant while free on bail, but the judge said on Monday that the government fell short of showing that Madoff posed such a risk. However, Ellis did impose several new requirements as added protection.

Hybrid Owner's Suit Gets Green Light

The Recorder

A man who says his 2004 Honda Civic Hybrid is more gas-guzzler than green can sue the automaker for false advertising, a California appellate court has ruled. The court reinstated state law claims that American Honda Motor misleadingly told potential Civic Hybrid buyers that they could achieve great gas mileage by driving the model just like any other car. Honda is already the target of a federal class action claiming the company inflated the savings and mileage figures Civic Hybrid drivers could achieve.

Only Seven Justices Will Tune In to Major Cable TV Case

Legal Times

In Supreme Court action Monday, the justices asked the solicitor general to weigh in on a major dispute over development of remote recording services by cable television operators. The order in the case, Cable News Network v. CSC Holdings, also is important because it is the first time the justices made public a vote on the case -- and two justices recused. That means that if the high court eventually grants review, only seven justices will participate, changing the dynamics of an already unpredictable case.

O'Melveny Bankruptcy Co-Chair Leaves for Dechert

The American Lawyer

Michael Sage, the co-head of restructuring at O'Melveny & Myers, joined Dechert on Monday. Sage, who joined O'Melveny in 2007, has represented creditors and bondholders in the Chapter 11 proceedings for Refco and Ziff Davis Media. He bills $895 an hour, according to an August filing in the latter's bankruptcy. He's the latest in a series of high-profile moves in the bankruptcy bar.

Chief Justice 'Definitely a Gentleman,' Says Process Server

Legal Times

There was no clandestine surveillance, no hiding behind bushes or in a parked car. Daniel Portnoy says he walked up the driveway and knocked on the front door. The homeowner opened the door and chatted for a minute. Mission accomplished. Chief Justice John Roberts Jr. was officially served with a court summons in atheist Michael Newdow's challenge of the words "so help me God" in the oath that President-elect Barack Obama will take next week.

Despite Will's Prohibition, Executor Is Awarded Fee

New York Law Journal

A New York surrogate court judge has approved a $91,000 payment to an estate executor, despite a provision in the decedent's will prohibiting commissions to anyone. According to a co-trustee, Bruce L. Goldberg was a close friend of Steven Ostrer, and named him as executor of his $7.4 million estate to save his family money. However, after undertaking the estate duties, Ostrer realized it "was a ton of work" and asked if the family would agree to compensate him, the co-trustee said.

Calif. Defense Attorney Accused of Money Laundering

The Recorder

The arrest of a controversial defense attorney has raised complicated questions about an advocate's duty to refuse tainted fees. Federal agents appeared at Jamie Harmon's office to tell her that she faced a grand jury indictment for money laundering, according to a second-year associate of Harmon's who spoke to The Recorder on her behalf. Harmon had no idea she was under investigation, Theodore Stalcup said. "It was a complete out-of-the-blue lightning bolt from above," he said. "Not the best day."

Rumsfeld Sued Over Guantanamo Suicides

Legal Times

The parents of two detainees who committed suicide while held at Guantanamo Bay have filed a wrongful death suit against former Defense Secretary Donald Rumsfeld, as well as more than 100 military officers and personnel, alleging that Gitmo's brutal conditions and torture led their sons to kill themselves. The suit asks for unspecified damages from its long list of defendants, who are being sued in their personal capacity rather than as government representatives.

Gag Order Sought in Divorce Case That Features Spat Over Donated Kidney

New York Law Journal

A New York matrimonial referee is weighing a gag order in the divorce case of a surgeon who wants his estranged wife to pay $1.5 million for the kidney he donated to her. The application by the wife's lawyer seeks to prohibit "disparaging and denigrating" statements made by Richard Batista or his attorney regarding the case. Batista says he donated the kidney to his ailing wife in 2001, and that she had an affair afterwards. The wife denies having the affair.

High Court Justices to Be Treated to Sevilla Discourse

Legal Times

San Diego lawyer Charles Sevilla may be greeted with bemused grins when he rises to argue before the U.S. Supreme Court in Knowles v. Mirzayance. Known for his criminal defense work, Sevilla also made a name for himself as a trenchant writer of legal humor in the 1990s, creating the character of New York defense lawyer John Wilkes. Sevilla has given the character some colorful expressions for describing judges, but he says Wilkes "believes in the rule of law, especially when his hide is on the line."

U.S. Supreme Court Declines Georgia Water Case

Fulton County Daily Report

The U.S. Supreme Court has denied Georgia's request to revive a 2003 agreement between the state and federal authorities that set aside a portion of Lake Lanier to supply drinking water to metropolitan Atlanta. The justices on Monday let stand the D.C. Circuit's reversal of a lower court's approval of the pact between Georgia and the U.S. Army Corps of Engineers. The D.C. Circuit held that congressional approval should have been obtained for the deal under the terms of a federal water supply act.

Taylor Wessing Secures Triple Hire in Paris

Legal Week

Taylor Wessing has bolstered its Paris arm after recent losses in the French capital with the hire of two new partners and a senior associate. The firm has moved to shore up the office with the hire of Simon Christiaen and Evelyne Friedel as partners. Last fall, Taylor Wessing was hit by the departure of 25 lawyers, including 12 partners, to Nixon Peabody, as part of the U.S. firm's launch in the French capital.

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Intern Blog Alleges Juror Racial Bias

The Recorder

Do you know where your interns blog? A blog written by a former intern to the San Francisco Public Defender's office has prompted the San Francisco Superior Court to look into whether a PD used peremptory challenges to dismiss potential jurors solely because of race or ethnicity.

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New GC of WWE Has Headlock on Legal Position

Corporate Counsel

A career in law usually isn't filled with body slams, outrageous costumes and rip-roaring crowds getting ready to rumble. But Jared Bartie, the new general counsel of World Wrestling Entertainment, sees no reason that his job can't be filled with drama, chaos, humor and showmanship. While he is unlikely to be seen at WWE events sporting crazy getups or face paint, the job forces him to wear many hats. His legal team negotiates live event contracts, the WWE's media rights, employment and IP litigation.

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Being Right and Still Losing

Pennsylvania Law Weekly

Courts have made it clear that electronic discovery misconduct can result in severe sanctions even when the offending party prevails on the merits. Counsel and clients who believe that being right on the merits relieves them of the duty to comply with e-discovery do so at their peril.

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Recession-Era Juries a Hurdle for Business

The National Law Journal

As the 2009 recession takes hold, juries are expected to stick it to employers in workplace disputes, with the economy weighing heavily on their minds amid a growing mistrust of corporate management. Lawyers on both sides of employment litigation say they expect juries this year to be more sympathetic to employee plaintiffs than to employers, holding management to higher standards and doling out larger verdicts in cases involving everything from wrongful termination to retaliation to discrimination.

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Ex-Lewis Brisbois Partner's Wrongful Termination Suit Proceeds

The National Law Journal

A wrongful termination action filed by a former Lewis Brisbois Bisgaard & Smith nonequity partner can press ahead following a California appeals court decision that rejected an attempt to block the suit under the state's anti-SLAPP law. On Dec. 31, the court upheld a lower court's denial of the defendants' motion. Plaintiff Gary Effron claims he was fired after he told clients that their insurer, AIG, had directed that he not prepare for a trial scheduled in 10 days and instead focus on settling the case.

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Coaching Lawyers to Attain Leadership Roles

The Legal Intelligencer

Performance excellence means more than winning a trial or doing thousands of deals, if you have responsibility for the growth and development of an entire law firm. If you are, or plan to be, a law firm leader, your skill set must be much broader. How do top leaders develop the necessary skills and improve their abilities to lead? Coaching may be one key to success, according to consultant and lawyer Susan Letterman White, as long as you do your research first and find a skilled and compatible coach.

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