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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights January 23, 2009
By David Badertscher, PLL
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Dreier Remains Jailed as Court Imposes Bail Beyond His Reach
New York Law Journal
Marc Dreier will stay behind bars until he can get another judge to take a look at possible bail conditions as he awaits trial for alleged frauds totaling more than $380 million. Magistrate Judge Douglas Eaton on Thursday set such tough conditions for Dreier's pretrial release that defense attorney Gerald Shargel said his client was "effectively" denied bail. Though Shargel contrasted Dreier's continued confinement with Bernard Madoff's pretrial release, Eaton said there were critical differences between the cases.
Gitmo Attorneys Express Impatience Over Closure Timetable
Fulton County Daily Report
Although President Barack Obama on Thursday ordered the closing of the Guantanamo Bay prison within a year, lawyers representing some detainees expressed impatience with any further delay in a case that has dragged on for more than four years since the Supreme Court first ruled that the men had a right to counsel and a day in court. King & Spalding's John A. Chandler calls a year "way too long for men ... who've never been charged with a crime and who never will be charged with a crime."
Venable Partner Recalls Emergency Landing in Hudson River
The American Lawyer
Venable partner James Hanks Jr. says just 90 seconds after US Airways Flight 1549 took off, he heard a "small explosion or loud crack or snap" and saw smoke coming into the aircraft. Mere seconds later, he was up to his neck in water. "At that point I truly thought I was going to drown," he says. However, he tells Am Law Daily in a Q&A that he had no trepidation about getting on a plane the next day. "I can't let my life be run by a bunch of geese," Hanks says.
Madoff Investment Trustee Asks for More Time on Assets
New York Law Journal
The trustee over the liquidation of Bernard L. Madoff Investment Securities has asked a federal bankruptcy judge for a 60-day extension to further look into the assets of Madoff, who is accused of orchestrating a $50 billion Ponzi scheme. In addition, the trustee requested that the court reject some unexpired leases on luxury cars reported by Madoff, including a 2007 Range Rover, a 2008 Cadillac DTS, a 2009 Mercedes S550-4 and a 2007 Mercedes S550V.
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Heller Ehrman May Sue Over Banks' 'Error'
The Recorder
Heller Ehrman's creditors committee is preparing to sue the firm's banks to negate their secured creditor status, a committee lawyer told a bankruptcy judge on Wednesday. Heller's attorneys are again arguing with the banks over cash available for settlements with its landlords. Heller's attorneys say Bank of America and Citigroup's interests are not secured because they terminated their standing in a uniform commercial code filing in August 2007, a filing the banks blame on clerical error.
2nd Circuit Skeptical Over Restoration of Rules Curbing Content of Ads
New York Law Journal
Questioning from a panel of federal appeals judges Thursday swamped New York state's primary argument for reinstating a series of restrictions on lawyer advertising that were enjoined in July. Within minutes of the start of the argument in the 2nd Circuit, all three members of the panel had swept past the state's main argument that the restrictions are outside the reach of free speech protection. Instead, they zeroed in on whether the restrictions were narrowly tailored to their intended purpose.
Hausfeld Battles Ex-Partners Over Fees
Legal Times
When the partners at Cohen, Milstein, Hausfeld & Toll voted to jettison Michael Hausfeld in November, they didn't dwell much on the price tag. But now Hausfeld is claiming potentially millions of dollars in fees for work done before his exit. And his financial hardball extends to an increasingly nasty custody battle over Cohen Milstein's antitrust portfolio. Hausfeld LLP has replaced Cohen Milstein as co-lead counsel in a dozen antitrust class actions and the firms are sharing the role in two other cases.
Inside the High Court: Snitches and Jailbirds
Law.com
During oral arguments in a Sixth Amendment case heard at the Supreme Court on Wednesday, Justice Ruth Bader Ginsburg repeatedly referred to jailhouse informants by a more colloquial and pejorative term -- one that might seem more likely to be used by inmates themselves than by prosecutors or judges. The justice also employed a colorful expression for prison inmates that is traceable to medieval England.
Federal Judge Ditches His Demand to DOJ Over Stevens Case
Legal Times
A showdown between federal Judge Emmet Sullivan and the Justice Department fell apart late Wednesday, with Sullivan vacating his Jan. 16 order ordering then-Attorney General Michael Mukasey or Deputy AG Mark Filip to provide the court with a history of how the Justice Department handled the whistleblower complaint in the Ted Stevens case. In ditching his demands, Sullivan noted the change of administration and the "potential for further delay due to anticipated multiple changes" at the DOJ.
Bingham Says Planning Contributed to Increased Profits, Revenue in 2008
The American Lawyer
Bingham McCutchen saw a 3.2 percent increase in gross revenue and a 6.4 percent increase in profits per partner in 2008, the Boston-based firm reports. Bingham also had a 5.5 percent increase in revenue per lawyer and a 6.7 percent increase in compensation for all partners. Firm Chairman Jay Zimmerman attributed the increases to the firm's reduced headcount and the planning it did in 2007 as more signs emerged of a worsening economy.
Take Two: The Presidential Oath, Done Right
Legal Times
After a day of derision and debate over the flubbed presidential oath administered to President Barack Obama on Tuesday, the two principals -- Obama and Chief Justice John Roberts Jr. -- met again at the White House Wednesday night for a do-over. This time, according to a hastily gathered press pool, Roberts and Obama said the right words in the right sequence. The constitutional cloud, if there was one, has dissipated -- and the new president reportedly made light of the episode.
Settlement Reached Over Ohio Attorney General Scandal
The Associated Press
Two women whose sexual harassment complaints led to the resignation of an Ohio attorney general have reached a settlement with the state, under which they will each receive $247,500 for reparations and attorney fees. The women filed claims last year against Anthony Gutierrez, a top aide to former Attorney General Marc Dann. Gutierrez was fired, and Dann resigned in May. Dann said in an e-mail that he felt the settlement was too generous.
Dreier Laterals Move to Robins Kaplan
The Recorder
Another group has peeled off the Dreier firm's Santa Monica, Calif.-based affiliate, Dreier Stein Kahan Browne Woods George. Entertainment litigators Michael Plonsker, Yakub Hazzard and Mark Passin have announced they will be joining Robins, Kaplan, Miller & Ciresi as partners. Three associates and some staff will also be making the move. Earlier this month, Dreier Stein partners Lawrence Stein and Robert Kahan departed for other firms, and the business litigation group returned to being its own boutique.
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SJ Berwin Reviews 40 Jobs and Closes Media Team
Legal Week
SJ Berwin has launched a redundancy consultation putting up to 40 jobs at risk, with the top 20 U.K. firm also closing its four-partner media team entirely. The firm told staff Thursday about both the layoffs and the closure of the media group. The firm has launched one consultation affecting up to 20 fee earners and another affecting up to 20 secretarial and business support staff in the London office, with the reviews due to close at the end of February.
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LG Heads Into Second Consultation With 37 Jobs at Risk
Legal Week
LG has launched its second redundancy consultation, with the firm telling staff members Tuesday that 37 jobs are at risk. The top 50 U.K. law firm is in talks with 17 fee earners, including several partners, with 20 support staff also likely to be affected. The consultation will last 30 days. The planned cuts come after LG launched a separate consultation with 21 support staff in September.
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Can Technology Thrive in a Bad Economy?
Law Technology News
Optimism, a sense of urgency and a sense of humor are essential attributes for legal technology pros. Like never before, these traits are tested by the global economic crisis. With top institutions crumbling daily, how can you improve your firm's resilience and ultimately thrive?
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Bailout Triggers Exec Pay Worries
The National Law Journal
Attorneys specializing in executive compensation are hearing from banking and finance executives forced to sign waivers of any right to challenge reductions in pay or benefits required when banks accept federal bailout money. Robert Wild, a partner in the corporate practice in Katten Muchin Rosenman's Chicago office, believes that some institutions are considering applying the restrictions more broadly than required. "The idea is spreading that this ought to be applied throughout the ranks," he said.
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Staffing Cuts Multiply, but Are Associate Cuts a Better Solution?
The National Law Journal
It's a sure-fire sign that the tough economy is hitting home: Attorneys who used to share an assistant with one colleague now find themselves sharing with two or three others due to staff cuts. But some say arbitrary staff cuts could undermine firm efficiency and long-term growth plans. And it may make financial sense to part ways with associates before staffers, especially where associates are hoarding work to keep billables up, forcing firms and clients to pay associate salaries for paralegal work.
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Full post as published by New York Supreme Court Criminal Term Library on January 23, 2009 (boomark / email).

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