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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights January 29, 2010
By David Badertscher, PLL
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EEOC: Kelley Drye Compensation System Discriminates Against Older Partners
New York Law Journal
The Equal Employment Opportunity Commission sued Kelley Drye & Warren on Thursday for its use of a compensation system the agency claims discriminates against attorneys based on age. The EEOC claims Kelley Drye discriminated against labor and employment partner Eugene D'Ablemont, 79, and other partners by forcing them to give up their equity at 70 and earn less than younger attorneys in the firm with similar collections and billings. Kelley Drye's managing partner said the firm does not believe the suit has any merit.
3rd Circuit OKs Homeowners' Trespass Suit Against Google
The Legal Intelligencer
The 3rd U.S. Circuit Court of Appeals on Thursday revived a Pittsburgh couple's lawsuit against Google for allegedly trespassing on their property and posting photographs of their home and swimming pool on the "street view" portion of Google Maps. In the suit, Aaron and Christine Boring claim that their 1,000-foot private drive is clearly marked with a "No Trespassing" sign, but that a Google driver "disregarded" the sign and entered their property in a vehicle equipped with a panoramic camera.
LegalTech Descends on New York
Law.com
As improvements in information technology continue to impact e-discovery, online research, case and matter management, and time and billing software, lawyers are better equipped to render quality legal services, retain more clients, and master the business of law. What are the next improvements in IT for the legal profession? Law.com Technology Editor Sean Doherty previews the advances expected to share the spotlight at LegalTech New York, being held Feb. 1-3.
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In Closely Watched Case, Calif. Court Dismisses Indie Rockers' Suit Over Magazine's Cigarette Ads
The Recorder
Noncommercial speech doesn't lose its broad First Amendment protections even when it's tucked into a thicket of advertising, a California appellate court held Thursday. A unanimous three-justice panel dismissed a lawsuit against Rolling Stone brought by a class of indie rockers. Led by bands Xiu Xiu and Fucked Up, the plaintiffs accused the magazine of trading on the names of 186 groups listed in a five-page article to sell four pages of neighboring advertisements to R.J. Reynolds in the November 2007 edition.
Who Told N.Y. Fed Lawyers to Keep AIG Details Secret?
Corporate Counsel
Wednesday's congressional hearing on the bailout of American International Group did little to answer a key question: Who ordered lawyers at the Federal Reserve Bank of New York to try to hide details of bailout payments? Given that committee members kept asking each witness that question during the hearing, it's presumably safe to assume that none of the thousands of pages of subpoenaed documents provided an answer. Numerous powerful individuals denied being involved in the secrecy decision.
Lawyers in Vioxx Case Hit With Negligence Lawsuit Over Alleged Paperwork Errors
Texas Lawyer
An Ohio man who accepted an approximately $100,000 settlement for his Vioxx personal injury claim has filed a negligence suit against three Houston firms and three Houston lawyers, alleging the defendants made paperwork errors in his case file that reduced the size of his settlement. Craig Pingle alleges that he should have received a settlement totaling more than $436,000.
Mass. Couple Sue Bank of America Alleging Erroneous Foreclosure Attempt
The National Law Journal
Lawyers for owners of a mortgage-free Florida home that Bank of America attempted to foreclose on are bringing an arsenal of legal claims against the banking giant, ranging from obvious claims like conversion and trespass to more unexpected ones like defamation and libel. Massachusetts residents Charlie and Maria Cardoso claim in their suit that Bank of America intimidated the tenant living in their house into leaving and that the foreclosure attempt harmed their reputation with friends and family.
Former Judge of Pants Lawsuit Fame Takes Swipe at Federal Bench
The National Law Journal
Roy Pearson Jr., the former administrative law judge who famously sued over a lost pair of pants, is now picking a fight with federal Judge Ellen Segal Huvelle, who tossed Pearson's suit for damages that targeted -- among others -- Washington, D.C., officials and judges. Pearson said in court papers that Huvelle should have recused from hearing the suit, citing Huvelle's "enthusiastic participation" in an "arm-in-arm 'sisterhood' photo" with Superior Court Judge Anita Josey-Herring, who is a defendant in Pearson's suit.
Investors' Suit Against Moody's, S&P Dismissed
New York Law Journal
Moody's and Standard & Poor's are not liable for nearly $100 billion in losses allegedly incurred by a group of investors in mortgage-backed securities issued by Lehman Brothers, a federal judge has ruled, granting the rating agencies' motion to dismiss the investors' suit. The judge sided with Moody's and S&P, who said they were not liable under the Securities Act of 1933 as either underwriters or sellers.
Judge Tosses Remaining Broadcom Charges, Finds 'Serious Problems' in SEC Complaint
The National Law Journal
A federal judge on Thursday dismissed drug charges against former Broadcom Chief Executive Officer Henry Nicholas and threw out a plea deal reached between prosecutors and a witness in a related stock-options backdating prosecution. In a related civil complaint, the judge gave the Securities and Exchange Commission seven days to file amended securities fraud charges against Nicholas and three other former Broadcom executives, telling an SEC attorney that he found "serious problems of proof" with the existing complaint.
Reed Smith Sees Profits Rise as Revenue Dips
The American Lawyer
Reed Smith reached the $1 million profits per equity partner mark in 2009 with a 7 percent increase. Although revenues could have reached the $1 billion milestone with a mild rise, they instead dipped by 3.8 percent, to $942 million. Reed Smith managed the feat of raising profits on falling revenue by squeezing the traditional pyramid structure: While the equity partnership grew by 4 percent, the firm shrank the ranks of non-equity lawyers by nearly 6 percent, and staff by about 4 percent.
5th Circuit Upholds Texas' Wine Sales Method
The Associated Press
The 5th Circuit has sided with Texas in a dispute over buying wine and efforts to control its quality, allowing the state to continue regulating alcohol sales under its current system. The California-based Specialty Wine Retailers Association had challenged the Texas law to enable consumers to buy wine from out-of-state retailers.
Four Paul Hastings Partners Join Haynes and Boone
New York Law Journal
Four real estate partners are leaving Paul Hastings to join the New York office of Haynes and Boone. The Dallas-based firm confirmed it had hired Kenneth Friedman, Robert Grados, Steven Koch and Walter Schleimer as part of what it characterized as a significant expansion of its East Coast real estate and finance practices. Haynes and Boone said more New York lateral hiring moves will be announced in the next several days. Koch was administrative head of Paul Hastings' real estate group.
Defense Takes Aim at Causation in HRT Opening Arguments
The Legal Intelligencer
The deceased plaintiff in a lawsuit alleging a Wyeth-made hormone replacement therapy drug caused her death from breast cancer has a surviving identical twin who has not had breast cancer. Both the plaintiffs and the defense attorneys sought to leverage to their advantage the fact that Cheryl Foust's twin sister, Carol, was present and in good health in a Philadelphia Common Pleas courtroom Wednesday during opening arguments in Foust v. Wyeth.
Personal Injury Lawyer Charged With Tax Evasion
New York Law Journal
A personal injury attorney who was arrested twice last year for allegedly stealing client funds is now facing tax charges. On Wednesday, Manhattan District Attorney Cyrus R. Vance Jr. announced that prosecutors have accused Marc A. Bernstein, formerly a name partner of Bernstein & Bernstein and the son of former Brooklyn Supreme Court Justice Aaron D. Bernstein, of evading about $220,500 in personal income taxes.
PACER: Picking Up the Pace?
New Jersey Law Journal
Judge John R. Tunheim thinks it fair to say that no court system in the world offers as many people as easy access to as many documents as is offered by PACER. Tunheim addresses questions that have arisen recently about the service's fee structure, functionality and privacy protections.
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Practicing Law in the Era of Mandatory Retirement
Special to Law.com
As a legal recruiter, Laurence R. Latourette has met a growing number of lawyers who are bumping up against their firms' mandatory retirement age but who are interested in continuing to practice law. And that trend will accelerate over the next five years, he notes, in part because about 60 percent of law partners are now 55 or older. Latourette discusses the current state of mandatory retirement policies at law firms, and how attorneys can help themselves to make a late career lateral move.
Visit the Career Center
10 Tips for Lower-Cost Law Firm Marketing
The Legal Intelligencer
Last year was a tough year for most industries, and especially hard hit were law firms -- so it is no wonder marketing is also seeing significant cuts, notes consultant Jessica Sharp. But there's a silver lining, according to Sharp. This may be the best time to market your firm, and -- even better news -- it doesn't have to cost an arm and a leg (or rather an associate and an end-of-year bonus). She provides 10 marketing tips that you can start using now to help promote your law firm and generate business.
Visit Small Firm Business
tor of Corporate Counsel, talks about this year's search for the most outstanding in-house staff in America.
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Full post as published by New York Supreme Court Criminal Term Library on January 29, 2010 (boomark / email).

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