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TODAY'S STORIES - Wednesday, February 4, 2009

Tax Needs May Require Additional Award in Employment Cases

The Legal Intelligencer

The 3rd U.S. Circuit Court of Appeals has made new law by holding for the first time that trial judges have the power to increase an award for winning plaintiffs in employment discrimination cases to compensate for the tax consequences of receiving a backpay award in one lump sum. The ruling sharpens a split in the circuits, with the 3rd Circuit opting to follow a 1984 decision from the 10th Circuit and rejecting a 1994 decision from the D.C. Circuit.

LegalTech New York 2009: Day One in Review

Law.com

When you see the vendors displaying their products and services at LegalTech New York, Law.com's Legal Technology editor Sean Doherty suggests you ask, "What can you do for me?" You're all looking for business, so don't hesitate to tell them your needs. They listen and innovate.

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New Study Examines When and Why Supreme Court Justices Retire

The National Law Journal

Do U.S. Supreme Court justices, as some historical evidence suggests, time their retirements with an eye to the partisan or political affiliation of the president or the Senate majority? No, when it comes to retirement decisions, justices care more about power than party and policy, according to a new empirical study. Two political scientists at Santa Clara University found that, in the modern era, justices' retirement decisions are influenced by three dominant factors.

Tech Companies Claim Foley Overbilled, Underrepresented

The National Law Journal

A trio of technology companies has filed a breach of contract suit against Foley & Lardner in the Eastern District of Texas for allegedly overbilling and not adequately representing them in a patent lawsuit. The plaintiffs are software companies Datatern, FireStar Software and Amphion Innovations. The Datatern case claims that plaintiffs suffered more than $1 million in economic harm.

TARP Lawyers to Banks: Think Twice About Taking Government Cash

The American Lawyer

With President Barack Obama and Treasury Secretary Timothy Geithner reportedly promising to attach more strings to federal bailout money, Am Law Daily decided to speak to some of the lawyers advising the dozens of financial institutions keen on applying for a chunk of the fresh $350 billion in Troubled Asset Relief Program funds Congress released last month. Those lawyers were nearly unanimous in saying that banks of all kinds are becoming more cautious about participating in TARP.

Landlord Moves to Compel Dreier LLP to Pay Rent

New York Law Journal

The owner of the Park Avenue tower that houses Dreier LLP says the now-defunct law firm owes more than $2 million in past rent. According to papers filed Tuesday in the Chapter 11 proceeding against the firm, Dreier & Baritz, predecessor-in-interest to Dreier LLP, leased more than 100,000 square feet. In moving to compel the bankruptcy trustee to pay $2.1 million, the building's landlord noted that the firm continues to occupy the premises.

Dewey to Shutter San Francisco Office, Keep Silicon Valley Presence

The Recorder

Dewey & LeBoeuf said Tuesday it is transferring all of its San Francisco attorneys and their staff to its East Palo Alto, Calif., office to "centralize" its Bay Area presence of about 30 lawyers. No jobs will be eliminated, a spokesman said. If the firm is going to eliminate a Bay Area office, it makes sense to shutter San Francisco, said one recruiter. "If you are going to say you are an international law firm that gets technology, it's awfully hard to explain why you don't have a presence in Silicon Valley."

McDermott, Will & Emery Lays Off 60 Attorneys, 89 Staffers

The National Law Journal

The law firm McDermott, Will & Emery has laid off 60 lawyers and 89 staff employees, citing a slowdown in clients' business and a resulting impact on the firm. "We are not immune to the continued deterioration in market conditions," firm Chairman Harvey Freishtat said in a memo to employees. "The business of our clients has slowed and this has affected our own levels of activity, particularly in the transactional area."

Will New SG Lead to Sharp Turn at the Supreme Court?

Legal Times

It is an unquestioned tradition that because of the solicitor general's special relationship with the Supreme Court, the arrival of a new administration of a different party does not mean a sudden shift in positions before the Court. But Elena Kagan, President Barack Obama's pick as the next SG, may find herself more torn than recent predecessors between past and future government positions on key legal issues -- most visibly on policies toward detainees and wartime powers.

Florida Judge Who Sued Over Jail Overcrowding Faces Reprimand

The National Law Journal

A Florida judge who filed a lawsuit to change how county officials handled jail overcrowding has been disciplined by the state's high court. The Supreme Court of Florida ordered a public reprimand for St. Lucie County Court Judge Clifford Barnes, finding he violated the state's Code of Judicial Conduct. The court determined Barnes ran afoul of the rules regarding impartiality and committed acts that caused disrepute to the judiciary. "I was too hopeful for a better outcome," Barnes said.

Akin Revenues Up as More Partners Depart

The American Lawyer

Akin Gump Strauss Hauer & Feld saw revenue increase 3.8 percent last year despite heavy partner losses in 2008. The firm reported earning $780.5 million in 2008. Profits per partner climbed 16.7 percent to $1.41 million. The firm shed 59 partners in 2008, more than any other firm that didn't dissolve. But Chairman R. Bruce McClean said many of those partners were not the contributors some thought they were. "Just because someone says ... they're a rainmaker, doesn't mean they're making rain. Sometimes it's more like fog."

N.Y. Judge Finds Man Entitled to Inherit Same-Sex Partner's Estate

New York Law Journal

Recognizing the validity of a same-sex marriage between New Yorkers contracted in Canada, a Manhattan surrogate has ruled that a man is entitled to inherit the entire estate of his deceased male partner. The decision comes months after a Queens surrogate took a more cautious approach in holding that the validity of gay marriage had not been "definitely determined," ruling that the deceased partner's parents had to be included in probate proceedings.

New Charges in Murder of N.Y. Lawyer

New York Law Journal

The man charged with arranging the murder of New York attorney James DiMartino is facing conspiracy charges over an alleged plot to kidnap the daughter of an accomplice to stop her from cooperating with authorities. Co-defendant Monique Randall, a stripper who allegedly recruited the gunman who shot DiMartino in a restaurant parking lot in October, has agreed to testify against Ronald Thornton, who is already facing first-degree murder charges.

Sworn In as AG, Holder Says 'No Place for Political Favoritism' at DOJ

Legal Times

Attorney General Eric Holder Jr. was welcomed to his first day on the job by rousing applause, as he spoke of "a new day" in a department that has been tainted by the influence of partisan politics. "It is so good to be home," said Holder, a former federal prosecutor, D.C. Superior Court Judge, U.S. Attorney and deputy attorney general. The Senate confirmed Holder on Monday evening by a vote of 75 to 21.

In Tough Times, the Best GCs Look a Lot Like the Best Litigators

Legal Times

What constitutes the "right" general counsel? While there is a laundry list of attributes that any effective in-house lawyer will possess, the game changes dramatically when major litigation, government investigations and shareholder disputes loom simultaneously. In challenging times, the qualities that distinguish top trial attorneys -- big-picture thinking, judgment and credibility, and effective communication skills -- may be the key differentiators for successful GCs, says attorney Robert Abrams.

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Kentucky Domain Name Suit Has Web World Buzzing

The National Law Journal

A battery of lawyers for Internet businesses, domain registrars, civil liberties groups and others have engaged the state of Kentucky in legal battle over that state's attempt to halt Internet gambling by seizing 141 domain names whose owners are located primarily out of state or overseas. The core concern is jurisdictional: Does a state court have the authority or power to seize domain names when none of the domain owners is present in the state and all of the names are registered outside of the state?

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Pierce Atwood Lays Off Attorneys, Staff While Planning Expansion

The National Law Journal

Maine law firm Pierce Atwood has confirmed layoffs of seven attorneys and 14 staff members in Maine and New Hampshire, but meanwhile says it plans to expand the firm's Boston and Rhode Island footprint. Managing partner Gloria A. Pinza said the firm is in the process of adding three attorneys to the Boston office, and plans to open a Providence, R.I., office with two new lawyers. "When the economic climate is so uncertain and tenuous, we have to align our resources where the client needs are," Pinza said.

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Small Denver Firm Benefits From Geography, Size and Diversification

The National Law Journal

Denver firm Fairfield and Woods is on a Rocky Mountain high. Well, maybe not a high, but things are looking relatively rosy for the 42-attorney shop. The law firm is slowly growing at a time when many others are shedding lawyers, and business held steady in 2008, when others saw a falloff. Leaders at Fairfield and Woods acknowledge that geography, size and diversification have helped it avoid some of the competition's problems. "It's a pretty good time to be a lawyer in Denver," said partner John Eckstein.

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Lawyer Can't Reduce Alimony, Support Payments by Citing Dwindling Practice

New Jersey Law Journal

In a lesson in frugality, a New Jersey appeals court has denied a lawyer's request to reduce his alimony and child support payments due to his firm's dwindling performance. The appellate court affirmed the lower court's decision to reject attorney Gregory Donnelly's second attempt at a reduction, noting that the court "correctly focused on Gregory's inequitable attempt to have [his ex-wife] and their children bear the brunt of the luxurious lifestyle Gregory adopted with his new wife."

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