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: New York Supreme Court Criminal Term LibraryLAW.COM Newswire Highlights February 13, 2009
By David Badertscher, PLL
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800 Law Firm Jobs Lost in One Day
The Recorder
Almost 800 associates and legal staff nationwide returned home jobless Thursday after law firms conducted mass layoffs, citing an unprecedented downturn in demand. And the bloodletting is likely to continue. "There will be more," said consultant Peter Zeughauser. "Materially more. I'm aware of some big ones coming up." Firms that sent people packing include Goodwin Procter; DLA Piper; Holland & Knight; Dechert; Bryan Cave; Epstein Becker & Green; and Cozen O'Connor.
4th Circuit Remands Crucial Commodities Ruling
The American Lawyer
In a case of first impression that commodities lawyers are hailing as crucial to their clients' funds, the 4th Circuit on Wednesday ruled in favor of aggrieved National Gas customers in a messy pricing dispute -- kind of -- as a three-judge panel unanimously disagreed with a lower court's original decision and remanded it for further reflection. The ruling could broaden the number of agreements exempt from clawback rules to include those that are more loosely tied to markets.
Wolf Block Cuts Associate Salaries
The Legal Intelligencer
Wolf Block has instituted a 10 percent reduction in associate pay, while also "significantly" increasing the bonus pool for associates, according to a statement Thursday by a firm spokesperson. Altman Weil consultant Thomas Clay said his guess is that the increased bonus pool is meant to allow the firm to reward those most deserving. Wolf Block, which made attorney and staffing cuts in December, looks to be the only U.S. firm that has moved to reduce salaries, though London firms have considered the idea.
Pa. Judges Plead Guilty in Cash-for-Kids Corruption Scandal
The Legal Intelligencer
Two Pennsylvania judges told a federal judge Thursday they were guilty of accepting more than $2.6 million in kickbacks from the owner and builder of two juvenile detention centers. Former President Judge Mark A. Ciavarella Jr. and retired Judge Michael T. Conahan pleaded guilty to honest services wire fraud and conspiracy to defraud the United States. A federal prosecutor described the hearing as clearing "a major hurdle."
Clifford Chance Discusses Voluntary Redundancies With Associates
Legal Week
Clifford Chance is talking with associates about undergoing voluntary redundancies, according to lawyers at the firm, which has refused to comment on the matter. The redundancy consultation comes on the heels of last week's announcement by Clifford Chance that the firm had launched a partnership review that is expected to lead to a number of departures.
Vaccine Ruling Could Spur Appeals, Suits in State Court
Legal Times
By finding that vaccines do not play a role in causing autism, the U.S. Court of Federal Claims handed a significant defeat Thursday to thousands of parents who blame the injections for their children's disorders. While the rulings may prove a major hurdle, lawyers for many plaintiffs say their legal efforts may just be starting. They are contemplating appeals, and talking about suing pharmaceutical companies directly. The decisions were handed down in a trio of test cases meant to help guide future decisions.
Class Action Fairness Act Achieves Goal, but With a Catch
The National Law Journal
Although the federal Class Action Fairness Act is achieving its goal of shifting the typical multistate class action from state court to federal court, a paradoxical result is a surge in single-state class actions designed to avoid the federal law's removal provisions, according to a recent study. The trend is likely to increase this year, according to Gibson, Dunn & Crutcher, which compiled a 2008 year-end class action update.
Miss. Judge Pleads Not Guilty in Bribery Case
The Associated Press
A Mississippi judge pleaded not guilty Thursday to five federal charges in a judicial bribery scheme that has snared some of the state's wealthiest attorneys. Judge Bobby DeLaughter was influenced with a promise that former U.S. Sen. Trent Lott would help him get appointed to the federal bench, according to an indictment unsealed Thursday. Lott has not been accused of wrongdoing. A plea deal in which noted attorney Richard Scruggs admitted trying to influence DeLaughter added two years to Scruggs' sentence Tuesday.
Former Solicitor General Warns: Don't Be Quick to Switch Course
Fulton County Daily Report
Former U.S. Solicitor General Paul D. Clement on Thursday warned those who follow in his footsteps to be careful before reversing the government's course in cases that were at the U.S. Supreme Court before the new president took office. "There is a temptation, and a profound one, to switch position in cases that are pending before the Supreme Court," said Clement, speaking at an Atlanta symposium. "Elections certainly have consequences, but there is a right way ... and a wrong way to alter the position in these cases."
Calif. Prosecutor Gets Four-Year Suspension
The Recorder
If not for his own good deeds outside work and a stellar cast of character witnesses, embattled California prosecutor Benjamin Field's law license would be kaput. A State Bar Court judge has instead recommended suspension for four years, which puts on hold Field's 16-year career with the Santa Clara County, Calif., district attorney's office and taints a man once touted for a judgeship. Field had been charged with 25 counts of misconduct, including disobeying judges' orders and concealing evidence.
Slain Pa. Lawyer Was 'Fierce' at Work, 'Family Man' at Home
The Legal Intelligencer
A motorcycle-riding "imposing figure" with a deep voice and a deeper love for his family, his friends, the city of Philadelphia and the practice of law, Eric Birnbaum was "a true believer" in his work, said colleague Steven M. Schain of the Schain Law Firm. "He was intense, fierce, tireless," said Schain of Birnbaum's work ethic. Birnbaum was shot and killed outside his workplace at Terry D. Goldberg & Associates in Holland, Pa., on Wednesday morning, according to local authorities.
Work on Tribune Deal Contributes to an Up Year for Sidley Austin
The American Lawyer
Sidley Austin saw its revenues grow by 7 percent last year, to almost $1.5 billion, while profits increased 4 percent. Profits per equity partner reached $1.4 million. The firm grew its top line last year, even though it's heavily exposed to the depressed securities markets. Helping swell the coffers was the firm's work on the Tribune Co.'s Chapter 11 restructuring. A firm spokesman also attributed the growth to a breadth of practice areas and a focus on business generation and cost control.
Citing Comity, N.J. Judge Grants Divorce to Gay Couple Married in Canada
New Jersey Law Journal
New Jersey law doesn't allow gay marriages, but it does permit gay divorces, a judge has ruled. La Kia Hammond married a woman in British Columbia, but when Hammond wanted a divorce, she didn't meet the two-year residency requirement for Canadian divorces, so she sought a divorce in New Jersey. New Jersey does not permit same-sex unions, but principles of comity require state courts to recognize such unions granted in other states or countries, at least for the narrow purpose of dissolving them.
Time to Assess: Who Is Your Real Competition?
Special to Law.com
As the turbulent economy spurs law firms to consider new ways to maintain their fair share of clients' hearts and wallets, the firms that thrive will be those that not just understand who they are and what they do in the absolute but that can also exploit who they are and what they do relative to their key competitors, writes Liz Pava. She offers some ideas on how law firms can achieve a competitive advantage during a volatile business cycle.
Video Marketing Tips for Lawyers: 4 and 5
Special to Law.com
Video marketing guru Gerry Oginski rounds out his series of tips toward a better attorney video: keep your video short, but not too short, and use interesting headlines. But the key is to get in on the ground floor now and don't wait for your competitors to learn how to do videos.
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Supreme Court Justices to Weigh Superfund Cleanup Liability
The National Law Journal
For years, businesses large and small viewed as unfair but unchangeable their potential liability for the entire cost of a Superfund site cleanup, no matter how tenuous their connection to the site. But an oil company and two railroads, on the hook for a $40 million cleanup, will urge the U.S. Supreme Court this month to limit how most courts and the federal government approach liability for cleaning the nation's worst hazardous waste sites.
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Make a Successful Lateral Jump Instead of Falling Into a Hole
New York Law Journal
The past several months have brought an unrelenting flow of bad employment news for lawyers, with no immediate relief in sight. For those seeking a lateral move, things are admittedly tough. Consultant Melissa McClenaghan Martin discusses what she and other consultants are seeing in the current lateral market, concerning associates and partners, as well as attorneys who want to re-enter the field. Martin also provides some tips for attorneys looking to leap, so that they can find a safe landing place.
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Pot Lawyers Walk Fine Line
The Recorder
California's booming, half-legitimate marijuana economy brings up all kinds of legal work, and not just to attorneys advising medical co-ops. It's also meant fees for real estate and tax lawyers who may or may not know their clients' true revenue source. Because of the tension between state and federal law, these lawyers walk a delicate line between business adviser and criminal conspirator. Still unclear is how prosecutors will treat large-scale commercial growers and the lawyers who work for them.
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Full post as published by New York Supreme Court Criminal Term Library on February 13, 2009 (boomark / email).

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