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ABA Seeks to Shore Up Waning Membership

The National Law Journal

ABA membership isn't growing at the same rate as the profession, according to its incoming president, a White & Case partner, who notes that the association doesn't even represent half of all U.S. lawyers anymore. Tracking member revenue on a daily basis, the organization so far expects a decline of between 2,000 and 4,000 members this year. When the ABA gathers for its annual meeting in Chicago on Thursday, its board of governors will weigh a key question: How does the association get membership climbing again?

Microsoft Offers Browser Deal to EU Regulators

The Recorder

Microsoft Corp. said Friday it will offer European consumers a choice of Web browsers with Windows in an effort to settle an antitrust probe by the European Union. The software giant also promised not to take punitive actions against companies such as personal computer makers that install rival Web browsers. Microsoft has been accused of using its dominance to unfairly push its own browser, Internet Explorer, on consumers by tying it to Windows. The European Commission opened an investigation in January.

Can Mark Lanier Work His Magic in 'Very Tough' Neurontin Test Trial?

The American Lawyer

Even the judge overseeing the suit blaming Pfizer for Susan Bulger's suicide has noted how hard it will be for plaintiffs lawyer Mark Lanier to win, given Bulger's "personal history." But the perpetually optimistic Lanier, who on Monday begins the first trial to test claims that Pfizer's anti-epilepsy drug Neurontin increases patients' risk of suicide, says that just puts more pressure on Pfizer's lawyers: "If I lose it's no big deal, but if I win, it's like, 'Holy Toledo, is the case that bad or are the lawyers that bad?'"

Lobbyists Hit Buchanan Ingersoll With Malpractice Suit

The National Law Journal

The name partners of Arlington, Va., lobby shop Alcalde & Fay are suing Buchanan Ingersoll & Rooney and a former partner for malpractice, alleging that a bungled tax matter could put the plaintiffs on the hook for more than $2 million in back taxes and penalties. Lobbyists Hector Alcalde and Kevin Fay filed suit in the U.S. District Court for the District of Columbia on July 20. The 17-page complaint names Buchanan and its former partner, Louis Diamond, as defendants.

Former Staff Attorney's Discrimination Suit Against Covington Back on Track

The National Law Journal

A federal judge on Friday revived the discrimination suit filed by former Covington & Burling staff attorney Yolanda Young against her old firm. The judge had dismissed the case after Young and her attorney failed to show up in court. Young asked the judge to reconsider, saying her attorney had simply written down the wrong time for the conference on his calendar. Young argued that her inability to file another claim was too harsh a penalty for a small oversight, and the judge seems to have agreed.

Bristol-Myers Pays $125 Million to Settle Plavix Securities Class Action

The American Lawyer

Bristol-Myers Squibb now has one less headache to worry about involving its Plavix blood-thinner product, one of the most prescribed medications in the world. In a Securities and Exchange Commission filing last week, the company revealed that in May, it agreed to pay $125 million to settle a securities class action that alleged BMS and its former chief executive violated securities laws by hiding material information about their efforts to settle a patent lawsuit with the Canadian generic drug maker Apotex Inc.

Should Ted Olson Argue in High Court Campaign Finance Case?

The National Law Journal

Ever since the Supreme Court ordered new arguments in a key campaign finance case, some lawyers and ethics experts have questioned whether former Solicitor General Theodore Olson, now with Gibson Dunn, should stay in the case. The Court said it wanted to consider a new question: whether part of the landmark 2003 ruling in McConnell v. Federal Election Commission should be overruled. As SG, Olson argued on behalf of the government in McConnell, so he would effectively be switching sides in the current case.

Shareholder Class Action Alleging Kmart Execs Undervalued Real Estate Holdings Is Dismissed

New York Law Journal

A New York federal judge has dismissed a shareholder suit alleging two top Kmart officials tried to drive down the price of the company's stock by toying with asset values during and just after its bankruptcy reorganization. Saying "plaintiffs' theory piles one unsubstantiated assumption on another," Judge Lewis Kaplan threw out a putative class action that claimed former board chairman Edward S. Lampert and Julian Day, Kmart's former president, COO and CEO, intentionally undervalued billions in real estate assets.

Wachovia, BofA, Citibank Sued Over 'Bad-Faith' Overdraft Fees

Daily Business Review

Wachovia, Bank of America and Citibank have been named as defendants in multidistrict litigation challenging bank overdraft fee policies -- and plaintiffs attorneys predict that other financial institutions will also be brought in. One such complaint claims that Wachovia "routinely enforces a policy" under which incurred charges are posted to consumers' accounts in nonchronological order to maximize overdraft fees.

5th Circuit Rules That Changes in Debtor Income Should Be Addressed in Chapter 13 Bankruptcies

Texas Lawyer

The 5th Circuit has determined how "projected disposable income" is to be calculated in Chapter 13 bankruptcies, an important ruling that could mean debtors pay more or less to their unsecured creditors in some instances. The case involves an issue of first impression in the 5th Circuit concerning a common problem in Chapter 13 bankruptcy proceedings: What happens when a debtor's level of disposable income changes during the 60-month payment plan period?

N.J. Court Tosses $71.8 Million Med-Mal Award, Saying Defense Deprived of Fair Trial

New Jersey Law Journal

The New Jersey Supreme Court has overturned a $71.8 million medical malpractice award to the family of a brain-damaged infant, finding the trial judge's serious errors during jury selection and disparate treatment of counsel made the trial hopelessly unfair. The court unanimously held that Judge Francine Schott's voir dire process failed to screen for bias against the defendants and that her apparent favoritism toward the plaintiffs counsel cast doubt on her fairness to such a degree that she should not preside at the retrial.

History Is on My Side, Says Calif. Justice Who Voted Against Gay-Marriage Ban

The Recorder

Carlos Moreno stood alone in May when he dissented from the decision upholding Proposition 8. But the California Supreme Court justice says history will prove him right -- that denying gays and lesbians the right to marry is illegal. Moreno, one of four justices to back same-sex marriage last year and the sole vote against Prop 8 this year, took time to talk about his votes, his brief moment on Obama's short list for the nation's highest court, and Supreme Court nominee Sonia Sotomayor's controversial "wise Latina" comment.

Should Blagojevich's Jury Be Anonymous?

Special to Law.com

An anonymous jury is a highly loaded concept. Yet, nearly every federal and state jurisdiction confronted with the concept has blessed it in practice, write Katherine A. Helm and Joel Cohen. They review the merits and pitfalls of the anonymous jury in the context of the keenly anticipated trial of ousted Illinois Gov. Rod R. Blagojevich, who has been indicted on political corruption charges for allegedly proposing to accept bribes in exchange for Barack Obama's U.S. Senate seat.

Pictures From Public Places Not Private

New Jersey Law Journal

Internet accessibility of images amassed by governmental organizations, commercial entities and individuals is the basis of novel privacy violation claims. However, Internet distribution of images of both individuals and private places collected from public places remains lawful.

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FTC Targets Retailers as Well as Manufacturers for Deceptive Advertising

The National Law Journal

Advertising lawyers are warning retailers about selling products that make bogus advertising claims, stressing that they can be held liable even though they didn't make the product. Their warning comes on the heels of a settlement in which Rite Aid agreed to pay $500,000 in refunds over claims that its Germ Defense tablets were falsely promoted as being able to prevent and treat colds. Ronald Urbach of Davis & Gilbert said retailers being held liable for the advertising claims of a third party is a growing trend.

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Rugby Footballer Takes Black Eyes and Broken Bones Into Court

Fulton County Daily Report

An avid rugby competitor, Georgia solo David Cox likens the action in the game -- or the "scrum" where the bigger men push one another to get the ball back into play -- to a calendar call in many a courtroom. Says Cox: "It seems chaotic but there really is an order to it." During his years playing the often rough sport, Cox has broken his nose and ribs, injured his shoulder and elbows -- and shown up in court with a black eye after a game. "Interestingly, no one even asked where it came from," he says.

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