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Sotomayor Addresses Criticisms on First Day of High Court Confirmation Hearing

The National Law Journal

Answering criticisms that her heritage and gender will influence her judging, Supreme Court nominee Sonia Sotomayor told the Senate Judiciary Committee on Monday that her judicial philosophy is "simple: fidelity to the law." Republican senators wasted no time in outlining their areas of concern, which they are sure to flesh out in questioning of the nominee that begins today. However, echoing most analysts, senators predicted that Sotomayor would be confirmed by the full Senate later this summer.

Dreier Gets 20 Years for 'Betrayal of Trust'

New York Law Journal

Seven months after he was arrested for defrauding investors of hundreds of millions of dollars and stealing from clients, disgraced attorney Marc S. Dreier was ordered to serve 20 years in prison Monday. "At this point all I can do is express my shame and remorse," Dreier told New York federal Judge Jed S. Rakoff. "I'm sorry to all the people I stole from. I'm sorry to the clients I betrayed. I'm sorry to the lawyers at my law firm for dishonoring their profession."

DOJ-UBS Compromise May Pry Loose Names of Biggest Tax Cheats

Daily Business Review

A compromise between the U.S. Justice Department and Swiss banking behemoth UBS in their dispute over the release of 52,000 names of U.S. account holders most likely would focus on the more egregious violators who used corporations and foundations to cheat the Internal Revenue Service, tax experts said Monday. A settlement would allow the IRS to avoid a protracted legal fight, which could delay the IRS' primary objective of collecting taxes on an estimated $17 billion in hidden assets.

Calif. Supreme Court Declines to Review 'Judicially Sanctioned Extortion'

The National Law Journal

The California Supreme Court has denied a petition to review an asbestos liability case in which a Los Angeles judge blasted the plaintiff's firm, Waters & Kraus, for engaging in a "type of judicially sanctioned extortion." Meanwhile, the firm's managing partner says, "The trial judge in his order cast some aspersions on us and our conduct, and invited the court to reconsider this on appeal. But the intermediate appeal court and the Supreme Court declined to do that and reaffirmed that what we did was entirely proper."

Patent Lawyer Gets Jail Time for Banned Question

The Recorder

An inappropriate question by a California patent lawyer during jury selection has earned him a potential 48-hour jail sentence for contempt of court. John van Loben Sels, a partner at Wang, Hartmann, Gibbs & Cauley, tried to prejudice the jury, the judge ruled, in a patent case between client Beyond Innovation Technology Co. and O2 Micro. A veteran patent and ethics lawyer with Townsend and Townsend and Crew said he couldn't think of another patent case where a lawyer was held in criminal contempt.

Bayer Sued Over Safety of Popular Birth Control Pills

The National Law Journal

First came the warning letter from the Food and Drug Administration; now it's lawsuits. Bayer HealthCare Pharmaceuticals has been hit with four individual federal lawsuits involving the safety of its popular birth control pills Yaz and Yasmin. Vowing that plenty more lawsuits are in the pipeline, plaintiffs lawyers say an FDA letter warning Bayer about its product ads will be handy evidence. Bayer is currently running a corrective ad campaign about the benefits and risks of Yaz.

$10 Million Suit Against Convenience Store in Drunk Driving Death Thrown Out

New York Law Journal

A New York appeals court has thrown out a $10 million suit against a convenience store where a man bought a 12-pack of beer just six minutes before killing himself and a second driver in a high-speed collision. In 2005, the second driver's parents brought an action against the store, claiming it knowingly allowed a "visibly intoxicated" customer to purchase alcohol. Last week, the court held that alleged statements by a clerk that she smelled alcohol on the man's breath were inadmissible hearsay.

Ga. Lawyer Pleads Guilty to Ponzi Scheme Worth $2 Million

Fulton County Daily Report

For nearly four years, Georgia attorney Steven H. Ballard capitalized on his credibility as a real estate and business law attorney to bilk friends and clients of more than $2 million in what federal prosecutors say was a Ponzi scheme in which Ballard siphoned more than $200,000 for his personal use. But the fraud scheme, to which Ballard pleaded guilty in U.S. District Court last week, was only one symptom of his failure as a lawyer.

Twitter Names Its First General Counsel

The Recorder

Twitter has hired a high-profile Google lawyer as its first general counsel. Alexander Macgillivray, deputy GC for products and IP at Google, will take the legal reins at the popular San Francisco-based micro-blogging site, according to people familiar with the hire. On Sunday, the Google lawyer appropriately told the world via his Twitter account that he was joining Twitter, although he did not indicate in what role.

Class Action Settlement Lands Law Firm CEO in Hot Water With State Bar

Daily Business Review

Hank Adorno, head of the largest minority-owned law firm in the U.S., violated nine Florida Bar rules when he engineered a $7 million class action settlement that distributed money to only seven people instead of all Miami taxpayers, the Bar claims. The Bar charged the Adorno & Yoss partner breached his fiduciary duty by making false statements in court, charging excessive fees and representing one client to the detriment of others in a flawed attempt to end a constitutional challenge to a city fire fee.

Is a Lawn Mower a Motor Vehicle? Man's Felony Theft Sentence Could Ride on the Answer

The Associated Press

It has four wheels and can hit speeds of 40 mph. But is a riding lawn mower technically a motor vehicle? That odd question confronted the Georgia Supreme Court Monday after a man appealed a 10-year sentence for swiping a riding mower from a Home Depot store. The man seeks a shorter prison term by challenging his conviction for felony motor vehicle theft. The court's decision could also help clarify what lawyers say is a murky definition for "motor vehicles" that may also extend beyond lawnmowers.

A New Angle Emerges in Copyright Dispute Over Obama 'Hope' Image

The American Lawyer

A new party has entered the high-stakes copyright skirmish over a photograph that served as the basis for the most ubiquitous image of the 2008 presidential campaign: the man who took that photograph. So far, the dispute has pitted The Associated Press against artist Shepard Fairey, but freelance photographer Mannie Garcia, represented by Boies, Schiller & Flexner, says he is the rightful owner of the photograph copyrights.

Nationwide Class Action Certified Over Immigration Fees

The Recorder

A California federal judge has certified a nationwide class action on behalf of hundreds of thousands of immigrants who have been subject to allegedly illegal application fees. The suit alleges that the U.S. government has been charging immigrants an additional cost on top of a $50 registration fee Congress prescribed for those seeking Temporary Protected Status. The plaintiffs contend the government can't charge more for collecting "biometric" information: fingerprints, an electronic signature and a photograph.

India Beckons to U.S. Lawyers

The National Law Journal

Although some U.S. lawyers -- particularly vulnerable contract attorneys doing document review -- regard outsourcing to India with dread, India offers an opportunity to a lucky few to get management experience, more client contact and a stake in a growing area of the legal business, not to mention the travel. Companies that aid law firms and law departments in outsourcing legal work to India are recruiting lawyers with U.S. professional experience to train and supervise their expanding work forces in India.

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SaaS Trims IT Costs for Small Firm

The Legal Intelligencer

When five attorneys from Clifford Chance formed the boutique litigation firm Chaffetz Lindsey, they needed a level of IT support common in large firms, but on a smaller scale with smaller costs. The firm turned to a managed service provider and software as a service to fulfill its IT needs.

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Freshfields Hires Former BofA Deputy GC

The American Lawyer

Freshfields Bruckhaus Deringer, which formally launched its U.S. litigation practice in January, has just added a new hire: David Onorato, the former deputy general counsel for Bank of America. Onorato, who was let go in December from Bank of America amid its restructuring and integration with Merrill Lynch, said that, despite the tough economic environment, a global firm capable of working on high-end, multi-jurisdictional work "might be having its moment in time."

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