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AG Holder Names Prosecutor for Review of CIA Interrogation Practice

The National Law Journal

Career federal prosecutor John Durham, who is overseeing the investigation of the destruction of CIA interrogation tapes, has been tapped to explore potential violations of anti-torture laws rooted in the interrogation of certain detainees, Attorney General Eric Holder Jr. said Monday. The Office of Professional Responsibility submitted to Holder a report Monday that recommended the DOJ re-examine earlier decisions, made under the Bush administration, to decline to prosecute apparent violations of anti-torture laws.

A Candid Conversation With Former U.S. Attorney General Alberto Gonzales

Texas Lawyer

Former U.S. Attorney General Alberto Gonzales this month began his tenure as a visiting professor at Texas Tech University. His first class is "Contemporary Issues in the Executive Branch," and when it comes to his students, all topics are open for discussion, he says. Texas Lawyer's John Council interviewed Gonzales about a wide range of topics: the so-called "torture memo," his controversial visit with then-AG John Ashcroft in the hospital and his involvement in the firings of nine U.S. Attorneys.

SEC Blames Law Firms for BofA's Failure to Disclose Merrill Bonuses

The American Lawyer

When a federal judge refused to approve a proposed $33 million settlement of SEC charges that Bank of America failed to inform shareholders of its agreement for billions in bonuses to Merrill Lynch employees in advance of their merger, he said he wanted to know more. An SEC brief claims that Wachtell, Shearman & Sterling and BofA's in-house lawyers decided exactly what to put in and to keep out of the merger agreement and proxy statement. Bank of America argues that it didn't fail to disclose the bonuses at all.

Foley & Lardner Sued for Allegedly Revealing Trade Secrets

The National Law Journal

A patent holding firm has sued Foley & Lardner for allegedly revealing confidential information and for undermining the company's settlement negotiations during a separate lawsuit. SPH America, a company formed in 2008 by former Fish & Richardson associate Choongoo Park, has filed suit against Foley in federal court, alleging that the firm publicized confidential information it gained during the course of negotiations with SPH in an infringement case by incorporating the information in another lawsuit.

3rd Circuit Sacks Del. Sports Lottery

The Legal Intelligencer

It's game over for Delaware's planned Sept. 10 launch of a state-sponsored sports lottery now that a federal appeals court has ruled that the proposed expansion of its gaming would violate the federal Professional and Amateur Sports Protection Act. In a rare move, the 3rd Circuit not only found that a lower court judge had erred in refusing to issue a preliminary injunction, but declared that the answer to the ultimate question in the case was indisputably clear -- and that a permanent injunction must be issued.

2nd Circuit: Motive Not Dispositive Regarding Speech's Public Concern

New York Law Journal

Motive is not dispositive in determining whether an employee has spoken out on a matter of public concern, the 2nd Circuit has ruled in clarifying its "less than clear" precedents with regard to First Amendment retaliation claims. The court reinstated the retaliation lawsuit of a Connecticut state employee who claimed he was fired for complaining about incidents of violence in the workplace. A lower court had ruled that Bryan Sousa had been merely speaking about employment grievances, not matters of public concern.

Court Sides With Controversial Former DOJ Lawyer Sampson in License Spat

The National Law Journal

After the Justice Department's internal watchdogs concluded that D. Kyle Sampson violated federal law and misled Congress and the White House while he was chief of staff to former Attorney General Alberto Gonzales, a review committee refused to approve his application to the D.C. Bar. Turning to the D.C. Court of Appeals, Sampson and his high-profile supporters waged an all-out campaign to portray him as a hero of the DOJ scandals. The court quietly granted a rare waiver to allow Sampson to continue practicing law.

Davis Polk, Covington on $3 Billion P&G Deal

The American Lawyer

Davis Polk M&A Chair George Bason Jr. has sat across the table from Proctor & Gamble's in-house legal team before -- most notably in 2005, when he represented Gillette when it was acquired by P&G for $57 billion. It was no different this time around when Bason advised Irish drugmaker Warner Chilcott in its $3.1 billion acquisition of P&G's prescription drug business on Monday. "P&G is always tough and always very professional," says Bason.

With New Chief Judge, a New Direction for N.Y. High Court?

New York Law Journal

The transition to a new chief judge for the first time in more than 15 years defined the New York Court of Appeals in its 2008-09 term, perhaps as much as its rulings did. The court made significant decisions on such issues as the constitutionality of the warrantless use of global positioning devices to track criminal suspects. But it was the departure of Judith S. Kaye and the arrival of the new chief, Jonathan Lippman, which left scholars and legal observers speculating about the direction of the state's highest court.

Sharp Increase in Mortgage-Related Lawsuits Reported

The National Law Journal

Legal fights over loan modifications, appraisals and foreclosures drove a 54 percent second-quarter spike in mortgage-related lawsuits, according to a joint analysis by MortgageDaily.com and Washington-based law firm Patton Boggs. According to the data and Patton Boggs' experience, there appeared to be a direct correlation between an increase in legislative and regulatory activity and a pronounced upswing in litigation, said Pat McManemin, a Dallas-based business and litigation partner at Patton Boggs.

Justice O'Connor Presents the Supreme Court, Middle School Edition

The National Law Journal

Retired Supreme Court Justice Sandra Day O'Connor's "Our Courts" Web site, aimed at middle school students, has gone live with two interactive animated games that will, she hopes, engage young people in learning about and appreciating the role of courts in their daily lives. In one of the games, the player helps a hypothetical female swing-vote justice -- hmm, who might that be? -- reach a decision in a First Amendment case. The game's full Court, by the way, is composed of five women and four men.

Skadden to Cut Summer Class by Half, Change Recruiting Process

The American Lawyer

Skadden is cutting the size of its 2010 summer associate class by half and adjusting its recruitment strategy by making all of its offers on a single day in late September, according to a letter the firm will send to prospective summers. Skadden hired 225 summer associates this year and expects to hire a little more than 100 next year, though the precise figure will depend on offer acceptance rates, the firm says. But Skadden will not rescind offers to any prospective 2010 summers, no matter how many accept.

Securities Fraud Does Not Qualify as Continuing Offense, Judge Finds

New York Law Journal

A Hamptons mayor charged with securities fraud for "cherry-picking" stocks did not engage in a "continuing" course of conduct, a federal judge has ruled in dismissing part of the government's case against George Motz of Quogue, N.Y. Prosecutors charged that Motz would buy stocks early in the day and wait to see how the market reacted. If the securities went up in value, he would allocate the securities to favored accounts; if they went down, he would allocate them to one of his discretionary accounts.

Two Courts, Two Views of 'Rambus'

The National Law Journal

Two courts viewed Rambus' document retention policy differently to determine whether spoliation occurred. E-discovery counsel should carefully consider when the obligation to preserve documents takes effect, say Locke Lord Bissell & Liddell attorneys Michael Sutton and David Terrell.

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Network of Small, Midsize Firms Look for Opportunity in Hard Times

Corporate Counsel

Hard times bring opportunities, and the network of small and midsize law firms called Meritas hopes that more general counsel come knocking as their companies look for ways to cut costs. Cost savings isn't the only reason to use one of Meritas' 170 firms, which are based in more than 60 countries (and 49 states). The firms and their clients also tout personal service, geographic reach and quality control.

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Commentary: Law Students Should Take Long View

The National Law Journal

Despite all of the uncertainty, today's law students can be certain that in the long run, they can have long and happy legal careers, writes William A. Chamberlain, assistant dean for law career strategy and advancement at Northwestern University School of Law. Chamberlain notes that the on-campus interview season has been far different than any other in recent memory, and that students are being advised to look broadly for employment and to be risk-adverse, meaning that they should accept offers quickly.

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