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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights December 24,2009
By David Badertscher, PLL
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The Future of Summer Associate Recruiting
The American Lawyer
A National Association for Law Placement commission discussing a possible overhaul on how law firms and law schools organize the recruiting process for summer associates will release its preliminary recommendations in January. Among the major suggested changes, according to three sources familiar with the report: Setting a date, likely sometime in late fall, before which firms would be prohibited from making offers to prospective summers.
Judge Rejects Paul Weiss Partner's Bid to Revisit His Divorce Pact After Madoff Loss
New York Law Journal
A Paul Weiss partner who lost millions of dollars as a result of Bernard Madoff's massive Ponzi scheme cannot force his ex-wife to "shoulder her share" of the losses, a New York judge has ruled. As part of a 2006 equitable distribution agreement, Steve Simkin claims he paid Laura Blank some $2.7 million, which he considered her fair share of their Madoff investments. After Madoff's arrest, Simkin attempted to redo the agreement, claiming it had resulted in a "windfall" for Blank.
Amended Ruling Could Mean Tougher Term for Disbarred Terror Case Lawyer
New York Law Journal
The 2nd U.S. Circuit Court of Appeals released on Wednesday an amended opinion on the resentencing of Lynne Stewart, adding language that appears to require Judge John Koeltl to consider a much longer sentence for the disbarred lawyer. The appeals court has directed Koeltl to make a finding on whether Stewart committed perjury at trial and examine in greater detail her abuse of her position as a lawyer -- two factors that would both increase the sentence and help the circuit evaluate whether it was reasonable.
Hollywood Legal Icon Bert Fields, Tom Cruise Named in Pellicano Wiretap Suit
The American Lawyer
The Anthony Pellicano wiretapping scandals have now ensnared Tom Cruise and Hollywood legal icon Bertram Fields in a lawsuit accusing Cruise, Fields and Pellicano of illegally wiretapping a magazine editor who threatened to publish material claiming Cruise is gay, court records show. Cruise and Fields sued Michael Davis Sapir, the editor of Bold Magazine, in 2001 for defamation after Bold advertised a $500,000 reward for anyone who could provide evidence that Cruise is gay.
Supreme Court Petition in Cobell Indian Trust Case Challenges D.C. Circuit Ruling
The National Law Journal
The lawyers in the long-running Indian trust litigation in Washington, D.C., find themselves in an odd position: filing a petition for certiorari just two weeks after the sides announced a $1.41 billion settlement to end the case. This week, lawyers for lead plaintiff Elouise Cobell filed their petition with the U.S. Supreme Court to challenge a July ruling in the D.C. Circuit. Because the settlement is not final, the lawyers are keeping open their options.
N.Y. Appeals Court Knocks Out Lipitor Suits on Jurisdictional Grounds
The American Lawyer
Last year, a New York appeals court affirmed lower court dismissals of three product liability actions against Pfizer by Michigan residents over injuries they allegedly suffered from taking the anti-cholesterol drug Lipitor. Neither the trial judge nor the appellate court bought the plaintiffs' jurisdiction arguments, and now the pattern has repeated itself in a consolidated Lipitor product liability case brought by a Georgia man and 16 other out-of-state plaintiffs before the same New York courts.
K&L Gates Cuts Associate Salaries in 4 Offices
The Legal Intelligencer
K&L Gates has cut incoming associate salaries, but in only four of its 33 offices. A firm spokesman said the salary reductions will affect first-year associates in Charlotte, Dallas, Raleigh and Seattle, but would not go into detail about the nature of the cuts. He also confirmed that K&L Gates will unfreeze salaries firmwide as of March 1.
Texas Man Freed by DNA Sues Over 'Excessive' Attorney Fees
The Associated Press
A wrongly convicted man freed by DNA evidence is suing his civil lawyer and an Innocence Project of Texas official, saying they want too large a chunk of the nearly $1.3 million he received for spending 16 years in prison. Patrick Waller is on an expanding list of Texas DNA exonerees upset over what they call excessive attorney fees. His lawsuit is the second to be filed in one month as a formerly feel-good story about freedom and delayed justice devolves into a battle over turf and money.
Health Plan Loses in Suit Faulting Eli Lilly's Zyprexa Marketing
The Legal Intelligencer
A health insurance plan that covers state workers has lost another battle to get pharmaceutical companies to reimburse it for anti-psychotic drugs that were allegedly prescribed without medical necessity. A Philadelphia judge dismissed the two remaining claims the Pennsylvania Employees Benefit Trust Fund had brought against Eli Lilly & Co. over its marketing of Zyprexa on Dec. 10. In dismissing the breach of express warranty claim, the judge said the fund didn't directly receive any express warranties from Eli Lilly.
With Sam Zell Still on the Hook, Plaintiffs Lawyers in Tribune Case Are Happy
The National Law Journal
Lawyers for current and former Tribune Co. employees who sued over real estate mogul Samuel Zell's purchase of the media company called a federal judge's split decision last week "a great victory." The judge ruled that plaintiffs could pursue their claims against the trustee for the employee stock ownership plan regarding a breach of fiduciary duty to the employees. She also let stand claims against Zell over knowing participation in the breach and violation of ERISA. But she dismissed claims against other company officials.
Michigan Faces Constitutional Case Over Cash-Strapped Public Defenders
The National Law Journal
Are Michigan's public defenders improperly pushing the poor into copping pleas? The Michigan Supreme Court will consider that question this spring when it hears a case challenging how publicly appointed lawyers represent poor criminal defendants. At issue is whether cash-strapped public defenders are violating the constitutional rights of defendants by allegedly too eagerly encouraging plea bargains, as opposed to vigorously fighting the charges.
Biscom Delivers Secure Files
Law.com
When you need to send a confidential document to a client, you can do so via courier, snail mail or fax. But with Biscom Delivery Server, says technology editor Sean Doherty, you can use your network infrastructure to send files securely and keep an account of what goes where, and when.
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Judge Delays Decision on Restraining 'Mean-Spirited' Law Firm Gripe Site
New Jersey Law Journal
Levinson Axelrod will have to wait until next year to try to shut down a Web site that former associate Edward Heyburn has been using to trash the firm for months. At oral argument on Tuesday, U.S. District Judge Anne Thompson said she would hold off deciding the New Jersey firm's request for temporary restraints until Jan. 11. But Thompson signaled she might be poised to rule against Heyburn's motion to dismiss the complaint. She called the site "mean-spirited" and urged Heyburn to "get a life."
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Some Possible New Business Models for Big Law: BOGO Anyone?
Fulton County Daily Report
The Snark wonders, which Big Law firm will be the first to "go rogue" and roll out a new business model that is not dependent on Cogs billing more hours at higher rates? Maybe Big Law can try out some innovative billing methods, borrowed from other industries. How do rollover minutes or value-meal pricing sound? Or maybe Big Law can get into endorsements? Briefcases could be advertising spaces, and attorneys could start wearing nothing but one company's suits, with the labels still affixed to the sleeves.
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Full post as published by New York Supreme Court Criminal Term Library on December 24, 2009 (boomark / email).

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