Legal Research

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Does Justice Thomas' Silence Thwart Advocacy?

The National Law Journal

The last time Supreme Court Justice Clarence Thomas asked a question during oral argument was four years ago today. His reticence is often shrugged off as a harmless personal preference that is either unimportant or oddly admirable, but it may be time to take his silence more seriously. A recent law review article asserts that Thomas' silence actually damages the Court and its decision-making process -- not to mention Thomas' own reputation, especially when it appears that wakefulness, as well as words, escape him.

Bybee, Yoo Got a Boost From Their Lawyers in Avoiding Ethics Charges

The Recorder

Eight years after Justice Department lawyer John Yoo and Assistant AG Jay Bybee generated the now-infamous "torture memos," the DOJ has officially concluded their actions did not constitute professional misconduct. The DOJ's Office of Professional Responsibility had earlier produced two draft reports, which recommended referring Yoo and Bybee to disciplinary authorities. But in crafting the final report, Associate Deputy Attorney General David Margolis was clearly swayed by arguments submitted by Bybee's and Yoo's attorneys.

BofA Protests Cuomo's Filing of Ex Parte Information

New York Law Journal

New York Attorney General Andrew Cuomo gave federal Judge Jed S. Rakoff something more to think about Friday as the judge aimed to release today his opinion about the latest proposed settlement between the SEC and Bank of America stemming from the bank's $50 billion acquisition of Merrill Lynch. And with a scheduled trial only one week away, a new controversy is brewing over whether Cuomo's depositions of five individuals, including the bank's former general counsel Timothy Mayopoulos, should be made public.

Hedge Fund Wants Blank Rome Disqualified Over Conflict

The American Lawyer

Camulos Capital wants Blank Rome disqualified from representing former fund partner William Seibold, who claims the hedge fund owes him $67 million and wrongfully forced him out. Camulos claims Blank Rome was still representing it in corporate matters when it began representing Seibold as he prepared the suit he ultimately filed against Camulos. In the underlying matter, Camulos claims Seibold regularly napped at his desk, fell asleep at meetings and stole confidential client information to form his own fund.

Judge Mulls Jurisdiction for Cravath-Airgas Dispute

The Legal Intelligencer

In a hearing to determine whether the Eastern District of Pennsylvania is the appropriate court to decide if Cravath Swaine & Moore should be enjoined from representing Air Products in its bid to acquire Airgas, the judge focused on one party who wasn't there: Air Products. The judge asked lawyers for both sides whether federal rules regarding joinder of parties required Air Products to be a party to a suit that could potentially result in the company having its attorneys of choice being thrown out.

Judge Dismisses 2 Counts Against Rothstein Firm's Former Accountants

Daily Business Review

A judge has dismissed part of a civil case filed against an accounting firm that worked for Rothstein Rosenfeldt Adler before the Florida law firm collapsed under the weight of a $1.2 billion fraud allegedly engineered by its chairman. The lawsuit claims the accounting firm is liable for the loss of more than $100 million the plaintiffs lost in convicted fraudster Scott Rothstein's settlement scheme, contending the accountants should have been aware Rothstein was running a scam and may have participated in it.

Revenue and Profits Fall at Mayer Brown

The American Lawyer

Mayer Brown saw its revenue fall by just under 14 percent in 2009, as the firm's top line slipped to $1.1 billion from almost $1.3 billion in 2008. The firm also saw a dramatic fall in profits as its net income fell by almost 19 percent from $359 million to $291 million. On the prospects for 2010, firm Chairman Herbert "Bert" Krueger says: "We are not counting on a recovery in the global economy, but we do see continued strength in the practices that were busiest in 2009."

Wal-Mart Has Fired Lead Plaintiff in Sexual Harassment Suit, Her Lawyer Says

The National Law Journal

Wal-Mart Stores Inc. may have opened the door to yet more legal troubles when it fired the lead plaintiff in a sexual harassment lawsuit last week, along with the woman's husband, according to their lawyer. Cory Rosenbaum of Rosenbaum Faria said he is preparing to file retaliation charges against the retailer over what he called a "bizarre" decision to fire the plaintiff, Melissa Jackson, and her husband just weeks after the sexual harassment suit was filed.

What the New White House Counsel Made Last Year

The National Law Journal

White House counsel Robert Bauer made just under $1 million last year as the head of the political law group at Perkins Coie, according to a financial disclosure form he filed this month. Senior White House officials are required to fill out the disclosure form, which covers financial information that could point to potential conflicts of interest. Filings a year ago from President Barack Obama's initial staff drew attention because of the prevalence of millionaires working in the White House.

Deliberations Continue in Latest Hormone Replacement Therapy Trial

The Legal Intelligencer

After an hour of deliberation Friday and four weeks of trial, a Philadelphia jury will continue its work today in a lawsuit over whether drugmaker Wyeth's hormonal drug caused an Alabama plaintiff's breast cancer. An attorney for the plaintiffs alleged during closing arguments that Wyeth was negligent in "experimenting" on "grandmothers" because of its failure to adequately warn doctors and patients of the increased risk of breast cancer from using its hormone replacement therapy drugs, including Prempro.

Federal Circuit Agrees to Rehear Patent Appeal Issue

The National Law Journal

The Federal Circuit last week decided to hold an en banc rehearing on a controversial decision about the standards for introducing new evidence when patent board appeals are heard in district court. The en banc appeal is important because there's tension between the Administrative Procedure Act and the Patent Act, said a Crowell & Moring partner who represented the patent applicant at the Federal Circuit.

Appeals Court Reverses Homicide Conviction for Leaving Overdose Victim on Lawn

New York Law Journal

A New York appeals panel has thrown out the negligent homicide conviction of a man who, after a woman overdosed on heroin and passed out in his car, dropped her off on the lawn of a trailer park. The woman, who was unconscious but breathing when defendant Carl Erb pulled her from his car, died in a hospital after she was discovered two hours later. The unanimous court found that the woman was no worse off on the lawn than in Erb's car. The county district attorney said he intends to appeal.

N.Y. Attorney General's Suit to Recover Hedge Fund Losses Proceeds

New York Law Journal

New York Attorney General Andrew Cuomo's lawsuit to recover $1.2 billion from a hedge fund operator for losses his investors sustained when he gave their money to convicted swindler Bernard Madoff may proceed to trial, a New York judge has ruled. The judge rejected Ezra Merkin's contention that Cuomo's claims were not viable because Merkin said in an offering memorandum that he "might delegate investment management duties to independent money managers" without first telling his investors.

E-Discovery Failings That Amount to Gross Negligence

Special to Law.com

Federal Judge Shira A. Scheindlin recently found that six Pension Committee plaintiffs were grossly negligent in failing to comply with their e-discovery obligations and subjected them to an "adverse inference instruction," a severe sanction under which the jury will be told to presume that the destroyed documents would have harmed the plaintiffs' case. Attorneys Robert Schwinger and Marcelo Blackburn examine the four e-discovery failures the court identified as sufficient to show gross negligence.

Ashurst Shuts India Liaison Office After Court Rules Against Foreign Firms

Legal Week

Ashurst has closed its liaison office in New Delhi after the Bombay High Court ruled against the practice of law by foreign firms in India. The office closure follows a December ruling in the long-running Lawyers Collective case, during which Ashurst's license has been annually renewed. The liaison office was initially set up in 1994 to advise clients on the ground. White & Case and Chadbourne & Parke followed suit, before the Lawyers Collective brought a case against all three to ban their presence.

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Itsy-Bitsy, Teeny-Weeny E-Discovery

Special to Law.com

E-discovery, once the sole concern of Big Law in large-scale litigation, is now increasingly becoming an issue in smaller cases for smaller law firms. Small and solo lawyers are learning some hard lessons about the benefits and burdens of obtaining electronic evidence in litigation.

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Interview Strategies: Navigating the Question Minefield

Special to Law.com

The hidden dangers lurking in many interviews are those tough or possibly inappropriate questions for which there seem to be no right answers, but many wrong ones, note consultants Valerie Fontaine and Roberta Kass. They discuss how to save yourself if you get hit with one.

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