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Judge Blasts Plaintiffs Firm Over Asbestos Suit

The National Law Journal

A Los Angeles judge has blasted one of the nation's leading plaintiffs firms in asbestos litigation for trying to get the upper hand in a case through what he called a "type of judicially sanctioned extortion." The judge concluded that Waters & Kraus had re-filed in California a case that was first filed in Texas as a way to force a settlement. Calling such tactics a "waste of the court's time," the judge said Waters & Kraus has played the same "grisly game of asbestos litigation" in at least nine cases.

Allegations of Corporate Crimes Against Humanity Going to Trial

New York Law Journal

A New York judge has cleared one of the last obstacles to a trial seeking to hold a Dutch oil company liable for violations of international law by Nigeria's government. The complaints contend Shell Petroleum recruited Nigeria's police and military to crush opposition to the company's development. Plaintiffs seek to hold the company vicariously liable and the head of the company's Nigerian operation directly liable in what will be one of the first times a corporation goes on trial for crimes against humanity.

Marvell Alleges Editing of Infamous GC Voice Mail Message

The Recorder

The most scandalous tape recording in Silicon Valley legal lore has been edited, claim lawyers for Marvell Semiconductor, seeking to impeach what will be key evidence in a long-awaited trade secrets trial. Eight years ago, then-Marvell GC Matthew Gloss, a patent attorney and a VP of engineering phoned Virginia Wei, an in-house lawyer for rival Jasmine Networks. Wei didn't pick up, so Gloss left a message and hung up -- he thought. The message recorded the trio discussing theft of Jasmine trade secrets, one court found.

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Stroock Offers Incoming Associates $75,000 to Reject Job Offer

The American Lawyer

The latest law firm to catch a ride on the associate deferral bus is Stroock & Stroock & Lavan -- but Stroock's plan has a unique twist: The firm is offering students the option to take the money and run. Students who agree to sever ties and not join the firm at all will get a $75,000 payout. Stroock would make two lump sum payments, the first in September and the second in January of next year. But here's the catch: New hires must decide on this option now.

New OPR Chief Predicts More Transparency in Attorney Investigations

The National Law Journal

The new chief of the DOJ's Office of Professional Responsibility said Tuesday she expects more transparency in attorney misconduct investigations and a more open discovery process in criminal cases. The first public remarks by Mary Patrice Brown echoed Attorney General Eric Holder Jr.'s recent comments to federal judges. The OPR has been under scrutiny as lawmakers and advocacy groups have pushed for the release of a report on the conduct of former Bush administration lawyers who authored controversial legal opinions.

Bankruptcy Lawyers Bill Illegally, Says New Study

The American Lawyer

Jones Day, Schulte Roth & Zabel and Weil Gotshal have billed huge amounts in the two most-watched Chapter 11 cases in the U.S. (Chrysler for Jones and Schulte, Lehman Brothers for Weil). But legal minds are wondering: Are those fees illegal? According to a new UCLA study, the answer might be yes. Bankruptcy judges allow lawyers to bill their debtor clients for months at a time before submitting billing statements for judges' approval. Now, two law professors say that practice goes against the federal bankruptcy code.

Class Action Accuses Ticketmaster Subsidiary of Widespread Price Gouging

New Jersey Law Journal

Two months after New Jersey's attorney general entered a settlement with Ticketmaster to resolve 2,000 customer complaints that its Web site redirected Bruce Springsteen fans to its reselling subsidiary TicketsNow -- which offered seats at markups of hundreds of dollars for concerts not yet sold out -- a new suit charges the practice is far more widespread, involving concerts of other popular artists -- among them Britney Spears, Miley Cyrus/Hannah Montana, Phish, Radiohead and the Grateful Dead.

Monsanto and DuPont Fight in the Weeds Over Crop Biotech Patent

The American Lawyer

Who knew that the business of crops could be so nasty? On Monday, Monsanto filed a patent infringement suit in federal court against E.I. du Pont de Nemours and Co. and its subsidiary Pioneer Hi-Bred International over the allegedly unlawful use of Monsanto's Roundup Ready herbicide-tolerant technologies in a new Pioneer line of genetically modified soybean and corn seeds. The litigation has spawned an especially colorful war of words.

Religious Discrimination Question Turns Mock Trial Into True Legal Issue

Fulton County Daily Report

The refusal of the National High School Mock Trial Championship to accommodate Sabbath observances by Massachusetts' winning team in Atlanta this week has attracted the attention of the DOJ, which has formally notified Georgia authorities that they risk a federal investigation if the team is unable to compete. The dispute has caused a "minor earthquake" among members of the State Bar of Georgia, which is hosting the event, as to whether the Jewish team is being subjected to religious discrimination.

In a First, 1st Circuit Upholds Remand to State Court Under Home State Exception to CAFA

The National Law Journal

The 1st Circuit has ruled on an issue of first impression for the circuit by remanding a Class Action Fairness Act case back to state court under CAFA's home state exception to federal jurisdiction. Chief Judge Sandra L. Lynch noted that the exception is "fairly narrow" and that "plaintiffs potentially sacrifice a great deal in terms of the parties they can sue and the claims they can bring by narrowing their pleadings to fit within the home state exception."

Federal Judge Removes Accountant From Receivership in Multimillion-Dollar Case

Daily Business Review

A federal judge has ejected forensic accountant Marta Alfonso as receiver in a multimillion-dollar criminal forfeiture case after finding she tried to protect herself and her former firm, Rachlin, in a last-minute deal for tax preparation overcharges. Alfonso's dismissal from the case stemming from the prosecution of Miami-based Bio-Med Plus on health care fraud charges was the final blow from a judge who accused her of a conflict of interest by trying to funnel additional money to Rachlin.

Skadden Launches Asia Arbitration Practice

The American Lawyer

Skadden, Arps, Slate, Meagher & Flom has launched an Asia-based international arbitration and litigation practice with senior lawyers who will relocate from London to Hong Kong. The practice will be led by Paul Mitchard QC, a veteran arbitration specialist who has represented numerous multinational corporations in international commercial matters, particularly in the energy and financial services industries.

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Staying on Top of Electronic Case Filings

New York Law Journal

Now that electronic case filing is increasingly standard practice in federal and state courts, attorneys must take steps to protect personally identifiable information and take care to comply with the ever-changing electronic requirements of legal practice in the 21st century.

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Top GCs, Managing Partners Get Together on Diversity

The National Law Journal

Some of the most powerful attorneys in the country gathered Wednesday to discuss a matter that has long plagued the legal profession: diversity, or the lack thereof. The meeting marked the incorporation of an organization of law firm managing partners and general counsel, with the goal of advancing the Call to Action -- the landmark 2004 document signed by GCs at many of the largest companies in the U.S. calling for greater commitment to diversity within legal departments.

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Is Paying Associates Not to Work a Smart Big Firm Move?

Fulton County Daily Report

Big Law finally gets it, The Snark realizes. It's time to show clients we aren't wasting their ever-decreasing fees on lavish perks. So, instead of paying first-year associates record-setting salaries before they even know how to practice law, Big Law has decided to pay them not to work. Brilliant! Paying someone $5,000 a month not to come into the office -- now that's budget-savvy. Although unclear on the logic of such a move, The Snark is willing to be a team player and sacrifice by taking the same deal.

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