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BofA Counsel's Firing Not Caused by Merger Advice, SEC Says

New York Law Journal

In its ongoing battle to win court approval of a settlement with the Bank of America, the SEC insisted Wednesday that the bank's former GC, Timothy Mayopoulos, did not lose his job because he gave unwelcome advice about the bank's takeover of Merrill Lynch. Instead, the agency, in a "supplemental statement of facts," cited bank sources who indicated Mayopoulos was terminated to head off the departure of BofA's then-head of global corporate and investment banking, who briefly served as GC before replacing Kenneth Lewis as CEO.

Accounting Firm Tied to Rothstein Slams Suit as Smear Campaign

Daily Business Review

The accounting firm linked to jailed former attorney Scott Rothstein claims it's a victim of a smear campaign, it never audited Rothstein and has no liability in the $1.2 billion fraud for which he faces federal prison. But if recent history is any measure, Berenfeld Spritzer Schecter & Sheer could have plenty to worry about. Accounting firms, no matter how small, that performed work for what have turned out to be big-time Ponzi schemes are considered prime targets by victims and creditors as insured deep pockets.

Inside Lyondell Bankruptcy's Texas-Sized Legal Bills

The American Lawyer

Houston-based Lyondell Chemical is hoping that its yearlong Chapter 11 case is nearly over, after reaching a $450 million settlement with creditors this week. The Am Law Daily did some docket-digging to gauge law firm profits stemming from the pharmaceutical giant's bankruptcy court odyssey. So far, Cadwalader has secured itself the biggest slice of the pie.

Gibson Dunn Pursues Fees for Defense Related to N. Y. Pension Probe

New York Law Journal

A private equity firm that last week entered into a multimillion-dollar settlement agreement with New York's attorney general over its role in the state pension fund scandal is embroiled in a fee dispute with Gibson Dunn & Crutcher, refusing to pay the law firm more than $1.3 million. Markstone Capital Group claims Gibson Dunn was not properly retained and that Markstone's chairman hired the law firm without the permission of his two partners.

In Retrial, N.J. Jury Awards $25 Million to Accutane User

New Jersey Law Journal

Lawyers suing Roche Laboratories had reason to be dismayed 14 months ago when a New Jersey state appeals court threw out a $2.5 million jury verdict they had won. On Tuesday, the lawyers won 10 times more at the retrial, after jurors found that Roche knew or should have known that Accutane caused inflammatory bowel disease and failed to warn prescribing physicians. The award is the largest that an Accutane user has won against the drugmaker. In a statement, Roche said it plans to appeal the verdict.

Latham's Profits Bounce Back

The American Lawyer

Latham & Watkins on Wednesday released its financials for fiscal year 2009 and the picture that's emerging is of a firm on the mend. While revenue was down 5 percent last year, profits inched up by the same percentage. The optimistic figures come after the firm's profits per equity partner suffered one of the steepest falls among Am Law 100 firms in 2008. Firm Chairman Bob Dell points to improved market conditions throughout the second half of 2009 in explaining Latham's profitability.

Suit Claims Seyfarth Partner Pretended to Pursue Dismissed Case

The National Law Journal

A relatively small case has ballooned into serious malpractice trouble for a Seyfarth Shaw partner. A former client has sued the firm and David Wiseblood for allegedly pretending that a $1.2 million loan default case was still pending, when it had been thrown out because he failed to pursue it. The plaintiffs allege that Wiseblood pretended that they were in settlement negotiations with the debtors and that he made "progressively more outrageous fabrications" to make it appear that he was moving the case forward.

Work in Similar Cases Justifies Cut in Fee Request, 2nd Circuit Finds

New York Law Journal

Attorneys who settled a class action lawsuit over impermissible strip-searching of county jail inmates were properly awarded a smaller counsel fee than they sought due to their prior experience in filing similar cases, the 2nd U.S. Circuit Court of Appeals has ruled. The 2nd Circuit rejected arguments that a federal district court judge had abandoned the "presumptive, preferred method" of calculating fees and had used an "unprecedented factor to penalize counsel" for their previous litigation work.

Condo Owner Loses Lawsuit Over Secondhand Smoke From Neighbor

The Associated Press

A jury has ruled against a Massachusetts woman who claimed in a lawsuit against her real estate broker that she was forced to move out of her condominium because of secondhand cigarette smoke coming from a neighbor. Alyssa Burrage alleged that her broker repeatedly assured her that the prior owner of the Boston condo she was buying in 2006 was a smoker and the smell would go away. Burrage, who has asthma, said she later discovered the smoke was coming from a neighbor.

Convict Seeks New Trial Over Prosecutor's Facebook Entries

The Associated Press

A Somali man convicted of attempted murder in Minnesota wants a new trial, alleging the prosecutor in his case posted anti-Somali comments on her Facebook page. An attorney for Ahmed Ali filed a motion Tuesday accusing Hennepin County attorney Gretchen Gray-Larson of writing the remarks during Ali's trial.

Calif. Bar Panel Upholds Ex-Prosecutor's Suspension

The Recorder

A California State Bar Court appellate panel has upheld a four-year suspension for former Santa Clara County prosecutor Benjamin Field, despite an amicus curiae brief from the California District Attorneys Association warning of a chilling effect on prosecutions and stating that several of the bases for discipline involved unsettled law. The Bar review panel found it "inexcusable" and "disturbing" that Field concealed evidence and ignored judges' orders over a 10-year period.

Court Clarifies Role of ISPs in Child Pornography Cases

New York Law Journal

Internet service providers that tip authorities to images of child pornography they intercept are not agents of the government and thus are not obligated to obtain a search warrant, a New York state judge has ruled. Manhattan Supreme Court Justice Rena K. Uviller concluded that the Fourth Amendment's prohibition against unreasonable searches and seizures did not apply to AOL, a private entity required by federal law to notify a national resource center if it comes across child pornography.

N.Y. City Bar Urges Limiting Personal Data in Civil Filings

New York Law Journal

Citing the increasing availability of court documents online, the New York City Bar is urging the courts to adopt a statewide rule to sharply curtail the inclusion of sensitive personal information in civil court filings. The proposal would omit or redact nine categories of data.

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Are Merit-Based Pay Switchovers Simply Hidden Salary Cuts?

The American Lawyer

Last July, Orrick, Herrington & Sutcliffe dropped lockstep compensation in favor of a performance-based system, and almost 30 Am Law 200 law firms have followed suit. But are these new tiered-pay structures just another way to cut associate pay -- without having to disclose anything?

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What the Big Law Economic Indicators Say

Fulton County Daily Report

Apparently, some "leading economic indicators" suggest that the global economy may have begun to bounce back. The Snark also feels things may be looking up, based on some Big Law indicators: increases in tee times and voluntary departures, and a decrease in brown-bag lunches.

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