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Judge Declines to Grant Mistrial Over Jury Unrest in Refco Fraud Case

New York Law Journal

Threats by one juror to cut off the finger of another led the defense team for Mayer Brown partner Joseph Collins to ask Thursday for a mistrial in the Refco federal fraud case. The judge denied the motion, saying the jury "will let us know if they feel that the atmosphere is such that there's not communication in a rational manner." Currently on leave from Mayer Brown, Collins is charged with conspiracy, securities fraud, wire fraud, bank fraud and making a false filing with the Securities and Exchange Commission.

Orrick Delays Start of Associate Class, On-Campus Recruiting

The Recorder

Orrick is pushing back the full-time start date for its current summer class to January 2012 and delaying the start of its on-campus recruiting season by a few months. While the typical, traditional campus recruiting season begins in August, Orrick is planning its on-campus interview process for November through March. Summer associates will also have until mid-November to accept Orrick's job offer. The firm said it was a better option than denying offers to its summers or to law students this fall.

Seeking to Avoid Termination Suit, Catholic Law School Claims Professors Are Ministers

The National Law Journal

Are Catholic law school professors really ministers? A Michigan trial judge will decide that next week in a controversial employment dispute involving Ave Maria School of Law, which is trying to declare law professors as ministers to avoid a wrongful termination suit filed by three former professors. The school's founder and financier filed a motion claiming that the professors are "ministerial," and that the school is a religiousinstitution and therefore immune from court interference into its administrative matters.

New Report Looks at Sotomayor by the Numbers

The National Law Journal

The Brennan Center for Justice is joining the attempts to measure quantitatively the "judicial activism" of Supreme Court nominee Sonia Sotomayor, releasing a report Thursday that describes Sotomayor as in the mainstream of judges on the 2nd Circuit. Monica Youn, a lawyer in the Brennan Center's Democracy Program and a lead author of its new report, said the center wanted to build on previous academic studies and try to have an objective standard for measuring the hotly debated topic of judicial activism.

Widow Lacks Standing to Sue Husband's Lawyers Over Mishandled Will, Judge Finds

New York Law Journal

A widow who claims that the mishandling of her husband's will by his attorneys will cost her $9 million may not pursue a malpractice claim against them, a New York judge has ruled. The judge ruled that there was neither privity nor even "near privity" between the widow and the attorneys, William Bush and Richard J. Cunningham of Fulbright & Jaworski. The decision raises the question of who, if anyone, may sue in New York for malpractice when attorneys make mistakes in planning estates.

Dewey IP Trio Jumps to McKool Smith

The American Lawyer

Only a day after Dewey & LeBoeuf helped itself to the cream of Cooley Godward Kronish's corporate practice, the firm lost three IP lawyers, including its practice co-chair, to noted Dallas-based trial firm McKool Smith. IP litigation co-chair Dirk Thomas, partner Robert Auchter and of counsel Jeffrey Frey join 120-lawyer McKool as partners. The Dewey laterals will expand McKool's Washington, D.C., presence to seven lawyers.

Private Party May Face Criminal Liability for Aiding Honest Services Fraud, Rules 3rd Circuit

The Legal Intelligencer

A private citizen may be guilty of aiding a public official to hide a conflict of interest -- even if that citizen is unaware of the official's ethical reporting requirements -- if there is evidence that the citizen tried to avoid creating a "paper trail," a federal appeals court has ruled. The 3rd Circuit ruling is likely to be required reading for white-collar criminal defense lawyers because it clarifies the prosecution's burden of proof in an honest services fraud case.

Bratz Doll Manufacturer Switches Lawyers -- Again

The National Law Journal

MGA Entertainment, manufacturer of Bratz dolls, has replaced its lawyers for the second time this year in preparation for the next phase of its long-running copyright battle with Mattel. A federal judge approved MGA's request to replace attorneys Patricia Glaser of Glaser Weil and Russell J. Frackman of Mitchell Silberberg with an Orrick team led by Annette L. Hurst in San Francisco. Three other Orrick attorneys -- Melinda Haag, Warrington S. Parker III and William A. Molinski -- will also join MGA's legal team.

Madoff Won't Appeal 150-Year Sentence, Says Defense Attorney

The Associated Press

Disgraced financier Bernard Madoff will not appeal his 150-year sentence for a fraud that unraveled when Madoff confessed to his sons that nearly $65 billion that he promised investors was safe was actually worth only a few hundred million dollars. According to a court-appointed trustee's report released Thursday, the search for Madoff assets that could compensate fraud victims "has unearthed a labyrinth of interrelated international funds, institutions and entities of almost unparalleled complexity and breadth."

Ban Upheld on State Troopers Practicing Law

New Jersey Law Journal

New Jersey state troopers with law degrees have lost their suit charging that an ethics-code provision that bans them from practicing law violates constitutional equal protection and due process guarantees. New Jersey federal Judge Freda Wolfson also rejected the notion that there was a property or liberty interest protected by due process. The troopers had argued that the ban was a de facto taking of their licenses.

Former Illinois Law Dean Testifies About Pressure to Accept Favored Applicants

The National Law Journal

When a former dean of the University of Illinois College of Law went before a state admissions commission Wednesday to answer ethical concerns about an alleged political clout list used to get some students into the law school, she said she fought those pressures "at every turn" but felt she had no choice other than to follow superiors' orders to admit about 15 students from the list during her five-year term.

A Closer Look at Sarah Palin's Legal Fees and Finances

The Associated Press

Since Sarah Palin abruptly resigned as governor of Alaska, she has repeatedly cited the bombardment of ethics complaints against her while conceding the financial burden of defending herself had taken its toll. Palin says her family has racked up more than $500,000 in legal fees and the state has poured about $2 million of taxpayer money into investigating the complaints. But just how much of a financial burden has been inflicted on the Palins and Alaska?

Judge Limits Foreign Damages in YouTube Copyright Case

The American Lawyer

Not every claim in the proposed copyright class action against Google's YouTube will survive, Manhattan federal district court Judge Louis Stanton ruled recently. The unlucky ones include claims for statutory damages for certain foreign works not copyrighted in the U.S. The judge dismissed plaintiffs' request for punitive damages for alleged willful infringement of foreign works, but found that foreign works of live broadcasters are eligible for statutory damages claims.

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SaaS Case Management for the Small Firm

Legal Tech Newsletter

Case management software is to lawyers as a point-of-sale system is to retailers. With the software being that integral to the law business, attorney Finis R. Price III is surprised that some attorneys don't re-evaluate their systems and look at software as a service like Rocket Matter.

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Ensuring Coverage for Actions in Response to Investigations

New York Law Journal

Receiving a subpoena or a federal grand jury "target letter" is likely to prompt a company to ask many questions, not the least of which is: "Does our insurance cover this?" The frequency with which policyholders will ask this question -- and the stakes raised by the answer -- are likely to increase as the economic climate brings a rise in governmental investigations, say attorneys Joseph D. Jean and Rachel M. Wrightson, who outline how to ensure coverage when procuring and renewing liability policies.

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8th Circuit: Attorney Can't Discharge $360,000 Student Loan Debt

The National Law Journal

He garnered some sympathy from two lower courts, but an 8th Circuit panel isn't letting a Minnesota lawyer off the hook from repaying his massive student loan debt. The panel reversed a bankruptcy court and a district court and found that attorney Mark Allen Jesperson could not discharge more than $360,000 in student loan debt in a Chapter 7 proceeding. The appeals court on Wednesday determined that Jesperson's "self-imposed limitations," which resulted in $48,000 in gross income, were no excuse for nonpayment.

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Micromanagement of Staff Doesn't Help Anyone

Texas Lawyer

Thinking, responsible employees need autonomy to keep their brains healthy. But some lawyers are too busy breathing down assistants' necks and hand-holding them through every task to imagine that, if they threw them the occasional challenge, they might just rise to it, says the Assistant-at-Law, a legal secretary in Texas. She notes that constant supervision is expensive for attorneys and increases, rather than decreases, the likelihood of errors. She provides some rules to help avoid the pitfalls of micromanagement.

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Plugging In Is Rock Guitarist Lawyer's Outlet

The Connecticut Law Tribune

For Peter M. Bryniczka, playing lead guitar in a rock band is his outlet from a busy career as a Connecticut family law attorney at Schoonmaker, George & Colin P.C. "When we have a Saturday gig ... I'm not a divorce lawyer anymore, just a guitar player in the band that's up next," Bryniczka says. "When I come back into work Monday morning, whatever issue or case was front and center driving me crazy on Friday, I have a new perspective."

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