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11th Circuit Invokes 'Iqbal' in Affirming Dismissal of Alien Tort Claims Against Coca-Cola and Bottlers

The American Lawyer

In a ruling that one defense lawyer calls "a sweeping review of the Alien Tort Statute," a three-judge panel of the 11th Circuit upheld the dismissal of four cases claiming Coca-Cola and two Colombian bottling subsidiaries were liable for the murder and torture of trade unionists by Colombian paramilitary forces. Citing the Supreme Court's Iqbal ruling, the court concluded the plaintiffs' complaints "fail to sufficiently plead factual allegations" to establish subject matter jurisdiction and state a valid claim.

Swiss, U.S. Reach Agreement in UBS Tax Evasion Dispute

Daily Business Review

The fate of 52,000 American clients of Swiss banking giant UBS, believed to be holding nearly $15 billion in secret accounts, is contained in details of a settlement agreement reached Wednesday between Swiss and U.S. negotiators. Details of the settlement have not been released, but experts say one thing is inevitable -- indictments of UBS clients that have been hiding money from the U.S. government in Swiss accounts and potentially the professionals that helped them, including lawyers and accountants.

Hollywood Scores Twin DVD Victories

The Recorder

Hollywood movie studios scored a second court victory in as many days against DVD copying. On Wednesday, California's 6th District Court of Appeal threw out a trial court win for Kaleidescape, maker of high-end home entertainment systems that allow people to copy and store DVDs. That follows a Tuesday order from Northern District Judge Marilyn Hall Patel blocking RealNetworks from selling its RealDVD software, which allows users to copy DVDs. The winner in both cases was the DVD Copy Control Association.

Fordham Law School Bans Reed Smith After Firm Pulls Out of On-Campus Interviews

The Legal Intelligencer

The dean of Fordham University School of Law has banned Reed Smith from on-campus interviews for five years, citing the firm's "lack of professionalism" in its recession-era handling of summer associate hiring. According to a memo, first posted on the Above the Law blog and also obtained by The Legal Intelligencer, Reed Smith told Fordham it would be pulling out of recruiting after the school had already issued its interview schedule to students.

Calling Someone Homosexual Is Not Defamation Per Se, Judge Rules in Suit by Anna Nicole Smith Lawyer

New York Law Journal

A statement that someone is a homosexual is not defamation per se in New York state, a federal judge ruled Wednesday. The ruling comes in a suit brought by Howard K. Stern, the lawyer and former lover of tabloid sensation Anna Nicole Smith. Stern claims Rita Cosby defamed him in her book "Blond Ambition: The Untold Story Behind Anna Nicole Smith's Death," with statements such as the suggestion that he had engaged in sex with the man ultimately determined to be the father of Smith's daughter, Dannielynn.

Foundation Sues Merrill Lynch for $30 Million Over Madoff Investments

Daily Business Review

A complaint by a Florida-based foundation seeking $30 million in damages from Merrill Lynch claims the Wall Street financial advisory firm was taken in by Bernard Madoff at a face-to-face meeting months before his investment empire collapsed in fraud. The MorseLife Foundation alleges Merrill Lynch was negligent and breached its fiduciary duty by failing to advise the foundation to pull its money from what ended up being the largest Ponzi scheme in U.S. history.

Judge Denies Microsoft Bid to Overturn $200M Infringement Verdict -- and Tacks On $90M More

The American Lawyer

Texas federal Judge Leonard Davis on Tuesday rejected Microsoft's request to throw out Toronto-based i4i's recent $200 million win, and added almost $90 million to the May jury verdict: about $40 million for willful infringement of i4i's patent on electronic document processing and about $37 million in post-trial interest. The judge also issued an injunction banning Microsoft from selling products that violate i4i's patent, including some versions of Microsoft Word.

Prosecutor Faces New Ethical Questions in Case Against Defense Attorney

Fulton County Daily Report

Attorneys defending a Georgia lawyer accused of laundering money for his clients continue to question the actions of a prosecutor in the case. J. Mark Shelnutt's lawyers complain in court filings that Assistant U.S. Attorney Jason M. Ferguson negotiated unusually lenient plea deals with drug defendants expected to testify against Shelnutt. They also note that Ferguson filed ex parte sealed motions seeking to hide one defendant's cooperation with prosecutors and another's change of plea until after Shelnutt's trial.

Judge OKs $500 Million Settlement by Social Security Administration

The Recorder

The Social Security Administration has agreed to pay an estimated $500 million to people whose benefits it suspended or denied between January 2007 and April of this year, under a settlement given preliminary approval by a judge Tuesday. The government also agreed to change the policy under which it denies or suspends payments for people with outstanding arrest warrants. People whose benefits were denied or suspended between 2000 and 2006 also will have a chance to reinstate their benefits.

Settlement, Legal Fees OK'd in GE Retirement Class Action

New York Law Journal

A federal judge has approved a settlement worth just over $40 million between General Electric and retirees over the company's decision to put up GE stock as an investment and matching contribution in its retirement program. About $10 million will go to retirees who claimed they were damaged by the investment, and $30 million will go toward "structural changes" in the retirement plan. The judge also upheld a $10 million fee award for plaintiffs lawyers, due to the case's complexity and the "quality of class counsel."

Wilson Sonsini Names New CEO

The Recorder

Wilson Sonsini Goodrich & Rosati has reached into its core for its new chief executive. Following a partnership vote, the firm announced Tuesday that corporate rainmaker Steven Bochner would be taking over from partner John Roos, who was confirmed as U.S. ambassador to Japan last week. As for the firm's goals in the coming years, Bochner said it will continue to focus on both early-stage and public companies, and is likely to consider geographic expansion, particularly in China.

A White House Celebration for Sotomayor

The National Law Journal

President Barack Obama was careful to stay away from Sonia Sotomayor's swearing-in at the Supreme Court on Saturday, to underscore the independence of the Court. Wednesday morning, though, Obama hosted a festive and emotional reception at the White House to celebrate her ascension to the high court. Savoring a happy event amid generally mixed news on health care reform and other fronts, Obama said Sotomayor's presence on the Court represents "yet another step closer to the more perfect union we all seek."

Suit Proceeds Against Bank for Theft From Legal Client's Escrow Account

New York Law Journal

The litigation fallout from the fleecing of a $4.8 million escrow account by a New York bookkeeper working at his brother's law firm continues, as a judge has declined to dismiss a suit against the bank that opened the account. In February, Anthony Galasso was sentenced to prison for embezzling the money deposited in 2004 by a client of Galasso, Langione, Catterson & LoFrumento, where Anthony's brother, Peter, is a name partner.

DLA Piper Partner Fights On for Myanmar Detainee's Freedom

The American Lawyer

DLA Piper's Jared Genser represents a very high-profile client: Aung San Suu Kyi, a Nobel Peace Prize laureate and the face of democracy in Myanmar. On Tuesday, the Myanmar government convicted Suu Kyi of violating the terms of her house arrest, sparking international outrage. As local lawyers work for her release through the Myanmar courts, Genser, a partner in DLA's government affairs group in Washington, D.C., has been working the international angles.

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Protecting Employers From New Media

The Legal Intelligencer

E-mails, IMs, blogs, Twitter, Facebook, LinkedIn and other social networks enable employees to inflict greater damage to businesses due to the speed of publication to vast audiences and the difficulty of retracting information from cyberspace. How can employers protect themselves?

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Inside Intelligence: What Concerns Company Directors?

GC California Magazine

Most in-house counsel are very interested in being knowledgeable about the issues that are of concern to their company's directors and senior executives. An indication of what those issues are was the agenda at Stanford Law School's annual Directors' College, which took place in late June. Consultant Michael C. Ross describes the highlights, including shareholder voting, restrictive hiring arrangements and risk management.

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Down but Not Out After a Layoff

The American Lawyer

In November, almost 10 percent of Brown Rudnick's lawyers and staff were let go, including third-year associate Lynne Zagami. Not having luck with recruiters, she started "a marketing campaign of myself and my work," but so far has had limited success. "The post-layoff budget evolved into the post-severance budget, which has evolved into the just-get-me-a-job budget," she says. "But I do try to keep everything in perspective. Over a potentially 40-year career, this is just one year that sucks."

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