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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights April 23, 2009
By David Badertscher, PLL
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New Charges in Dreier Case as Hearing Airs Forfeiture Issues
New York Law Journal
Former broker Kosta Kovachev received $215,000 from law firm accounts to impersonate executives of a real estate development firm as Marc S. Dreier peddled tens of millions of dollars in phony promissory notes, the government charged Wednesday. Also, unsecured creditors of the now-defunct Dreier LLP, including former employees of the 250-lawyer firm, expressed their concern at an unusual hearing on Wednesday that they could be harmed by government forfeiture efforts against Dreier.
'U.S. News & World Report' Releases Latest Law School Rankings
The National Law Journal
U.S. News & World Report has released its 2010 law school rankings. Cue the griping from a chorus of the publication's detractors who maintain that the list undermines law schools' focus on providing quality legal education. The latest rankings don't reveal any major upheavals among the nation's most prestigious schools. Yale Law School maintained its stranglehold on the top spot, and Harvard Law School edged out Stanford Law School for the No. 2 spot after tying for that position last year.
Defunct Heller's Unsecured Creditors Allowed to Sue
The National Law Journal
The federal judge overseeing Heller Ehrman's bankruptcy proceedings has allowed the unsecured creditors' committee to sue the defunct law firm's banks and its former partners to collect damages, according to an order filed on Tuesday. The committee, filing on behalf of all unsecured creditors and the firm's estate, had argued last month that it should be allowed to immediately sue Bank of America and Citibank for obtaining $51 million as secured creditors before Heller Ehrman filed for Chapter 11.
Lawyer's Lies About His Qualifications Culminate in Three-Year Suspension
The American Lawyer
The Illinois Attorney Registration and Disciplinary Commission has recommended a former Sidley Austin summer associate who went on to Skadden and Curtis Mallet-Prevost be suspended from practicing law for three years for lying at just about every stage of his career. Loren Friedman's most egregious lie was probably the alteration of grades on his law school transcripts when he applied to be a summer associate at Sidley. The deception came to light years later when Friedman gave a headhunter a resume with his real grades.
Two Defendants Dropped From Racial Discrimination Suit Against Covington & Burling
Legal Times
Former Covington & Burling staff attorney Yolanda Young has agreed to drop allegations against two former firm attorneys after Covington's lawyer pointed out that Title VII does not permit individuals to be sued and her claims are barred under the D.C. Human Rights Act. Young's lawyer says the suit against the firm and the named partners will move forward. Young, who is African-American, claims she was subjected to racial slurs and accuses the firm of failing to pay or promote her at the same rate as white colleagues.
Judges Resist Bids to Upset Child Support in Face of Economic Upheaval
New York Law Journal
Two New York court rulings rejecting bids to reduce child support indicate judicial reluctance to disturb support agreements even in light of the faltering economy, attorneys said. One judge found that a man who lost his six-figure job but received a severance package worth more than $150,000 cannot seek to reduce his child support, an application the judge called "unfathomable." Another judge declined to reduce the payments of a man who lives in his girlfriend's $2.1 million home, with pool and tennis court.
All Eyes on Kennedy in Firefighters Discrimination Case at High Court
Legal Times
When the city of New Haven, Conn., tossed out a promotion test for firefighters after learning that no African-Americans had passed, was it striking a blow for or against civil rights? The Supreme Court heard vigorous debate on that question Tuesday, with Justice Anthony Kennedy likely holding the key vote in the case. Kennedy did not tip his hand, but seemed sympathetic to the white firefighters who claim they were discriminated against on the basis of race when the city did not give them the promotions.
Schnader Harrison Lays Off Attorneys, Staff
The Legal Intelligencer
Philadelphia-based Schnader Harrison Segal & Lewis has confirmed it laid off attorneys and staff in March, including three partners. Managing partner Ralph Wellington said the partners were laid off mainly because their practice areas weren't sustainable in the 200-lawyer firm's long-range business plan. The firm also laid off five associates firmwide and "less than 10" staff members, Wellington said.
FBI Probes Possible Fraud in Lawyer Murder-Suicide
New York Law Journal
The FBI is investigating possible investment fraud involving William Parente, the Manhattan lawyer who Baltimore County police say killed his wife and two children in a Maryland hotel room earlier this week, before taking his own life. FBI spokesman James Margolin said the investigation is in its early stages.
'Craigslist Killer' Puts Perkins Coie-Brokered Settlement Back in Spotlight
The American Lawyer
The Craigslist site bowed to pressure last year from 40 state attorneys general who demanded the Web site scale back its "erotic services" section. Now, as details emerge about alleged "Craigslist killer" Philip Markoff, Connecticut's and Massachusetts' AGs are saying that agreement may not have gone far enough. Connecticut AG Richard Blumenthal has asked Craigslist to adopt stricter oversight, saying Wednesday, "Craigslist has the means -- and moral obligation -- to stop the pimping and prostitution in plain sight."
9th Circuit OKs Ban on Gun Shows at County Fairgrounds
The Recorder
Counties can ban gun shows on public property without running afoul of the Supreme Court's landmark District of Columbia v. Heller decision cementing an individual's right to bear firearms, a 9th Circuit panel held Monday. The desire to reduce gun violence is a "perfectly plausible" reason for an ordinance that bars gun shows at a California county's fairgrounds, Judge Diarmuid O'Scannlain wrote, finding that fairgrounds can be considered a "sensitive place" where gun possession may be restricted.
3rd Circuit Predicts Change for Pa. Products Liability Law
The Legal Intelligencer
In a potential curtain raiser on the future of Pennsylvania products liability law, the 3rd Circuit has predicted in a ruling that the state Supreme Court will import negligence concepts into the strict liability doctrine by adopting portions of a torts law treatise in design-defect cases. The panel wrote that restricting claims to "intended users" because of concern about polluting strict liability claims with the negligence concept of foreseeability does not protect bystanders injured by a defective product.
Fourth Ex-Home Depot Executive Charged in Kickback Scheme
Fulton County Daily Report
Two weeks after accepting guilty pleas from two former Home Depot executives for taking bribes from the company's wholesale suppliers, federal prosecutors have charged former Home Depot executive Ronald Douglass Matheny II with conspiring to defraud Home Depot of more than $1.4 million. The charges, which stem from an ongoing Justice Department investigation, also refers to at least four unnamed co-conspirators who are believed to have taken part in the long-running kickback scheme against the home supply chain.
Clifford Chance Cuts 20 Support Staff Roles in New York Office
Legal Week
Clifford Chance has cut 20 more jobs in New York as it finalizes a second business services staff review -- taking its U.S. layoff tally to 99 over the last seven months. The review of support staffing needs was prompted by the departure of 24 transactional associates who were laid off in March. The Magic Circle firm had blamed "continued sluggishness in the market" for the associate cuts.
Visit International News
Plan Now for the Impact of the Employee Free Choice Act
Texas Lawyer
The Employee Free Choice Act, which was introduced on March 10 in the House and Senate, dramatically modifies the National Labor Relations Act on how employees select unions and how unions and employers negotiate collective bargaining agreements. Attorney Michael P. Maslanka predicts that some version of EFCA will be the law no later than next year at this time. His advice is to avoid ostrich-like attitudes of self-delusion and start planning now. He presents some discussion points for the smart executive.
Visit In-House Counsel
Juicing Your BlackBerrys With Tested Apps
New York Law Journal
As popular as the iPhone might be, law firms still prefer the BlackBerry, according to Edwards Angell partner Kelly D. Talcott. And while not as prominent as their iPhone cousins, there are many useful BlackBerry applications to make the addictive little device even more useful.
Visit Legal Technology
Current Job Market May Force Lawyers to Embrace Their Inner Risk Taker
Fulton County Daily Report
How would you rate yourself from one to 10 as a risk taker? While there are a few lawyers who thrive on risk, most lawyers are not comfortable with the concept, says consultant Lee Ann Bellon. Many want a secure job with a secure paycheck, rather than to put everything on the line in order to become successful. However, says Bellon, the state of the current job market requires that attorneys be willing to go outside their normal comfort zones. She has advice for the employed, unemployed and never employed.
Visit the Career Center
Full post as published by New York Supreme Court Criminal Term Library on April 23, 2009 (boomark / email).

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