Legal Research

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Jury Rejects AIG's Claims Against Former CEO

The American Lawyer

Ted Wells may have delivered the most memorable lines in the AIG-Greenberg trial, but it was David Boies who provided the best arguments -- at least according to a federal jury, which needed just a few hours to return a verdict Tuesday in favor of Hank Greenberg's Starr International Co. AIG was seeking more than $4 billion in damages. The embattled insurance company claimed that after Greenberg was ousted from AIG in 2005, he caused SICO to take control of shares that were supposed to be held in trust for AIG.

Cooley Corporate Stars Switching to Dewey

The Recorder

In a lateral move that can only be compared to an earthquake rocking Silicon Valley's legal world, Cooley Godward Kronish's two leading M&A lawyers and the head of its busy tech transactions group are leaving for Dewey & LeBoeuf. The announcement that rainmakers and longtime Cooley leaders Richard Climan and Keith Flaum, plus tech practice leader Eric Reifschneider, were moving to Dewey's small East Palo Alto office shocked lawyers in the Valley. One Cooley alum called the move "a coup for Dewey and a big blow for Cooley."

A Dozen Themes Frame Sotomayor Hearing

The National Law Journal

Most of the story lines are already set for Judge Sonia Sotomayor's hearing before the Senate Judiciary Committee, and just about all of them end with her winning confirmation as the next justice on the U.S. Supreme Court. That doesn't mean, though, that she'll have an easy time. Republicans, invoking the Senate's constitutional responsibility of "advise and consent," will ask questions designed to throw Sotomayor off balance. As the hearing unfolds over about four days, 12 themes are likely to emerge.

It's Still Kennedy's Court, Say Supreme Court Practitioners

The National Law Journal

The Supreme Court still belongs to Justice Anthony Kennedy. That was the consensus Monday among a panel of the country's top Supreme Court advocates, hosted at Georgetown University Law Center by Legal Times and The National Law Journal. Chief Justice John Roberts Jr. and his fellow conservatives are "going just as far to the right, and just as fast, as Justice Kennedy will let them," said panel member Pamela Harris, executive director of Georgetown's Supreme Court Institute.

Cadwalader Offering Sabbaticals in Place of Layoffs

The American Lawyer

Cadwalader has confirmed it is asking 34 lawyers from the capital markets and real estate finance groups to accept a "one year, unrestricted sabbatical." The move, first reported on the blog Above the Law, comes after a challenging 18 months for the firm, largely due to its flailing capital markets practice. Cadwalader lawyers will have the option of taking one-third of their salary plus medical benefits spread over the next year during which the firm will try to match them with clients and not-for-profit organizations.

Former Thelen Employees Sue Ex-Partners for $18 Million

The Recorder

Former Thelen employees have filed a proposed class action against former partners and the firms they now work for, alleging the partners paid themselves $25 million as the firm dissolved, and neglected to pay $18 million in wages owed to employees. This is the second class action brought by Thelen employees. The first was filed against the defunct firm a few weeks after it dissolved.

Lawyers Abound at Probate Hearing on Michael Jackson's Estate

The National Law Journal

An army of lawyers appeared during the first major probate hearing involving Michael Jackson's estate on Monday, as everyone with a potential stake in Jackson's assets is now being represented by an attorney. Jackson's longtime attorney, John Branca of Ziffren Brittenham, and record executive John McClain were designated as temporary administrators of the estate and were represented themselves by Howard Weitzman of Kinsella Weitzman. Weitzman says he is working with lawyers at Greenberg Traurig and Hoffman Sabban.

Blogger Sued For Defamation Can't Invoke Shield Law, Says N.J. Judge

New Jersey Law Journal

A blogger sued for her online criticism of a software company cannot invoke New Jersey's press shield law, a judge has found in a case of first impression in the state. The ruling allows the company to seek the sources for comments the blogger posted on a Web site that proclaims itself the "Wall Street Journal of porn." In a second novel ruling, the judge held the company can pursue damages even without a showing of pecuniary loss, based on postings accusing it of incompetence and criminal conduct.

Calif. Attorney General Sues Lawyer Over Homeowner Fraud

The Recorder

California AG Jerry Brown on Monday sued a lawyer for allegedly bilking desperate homeowners with troubled mortgages out of thousands of dollars. Mitchell Roth charged at least 2,000 homeowners substantial fees in exchange for false promises that he would help them escape foreclosure and improve their credit, Brown wrote in a complaint. Also named in the suit: Paul Noe Jr., president of Nevada-based United First, a corporation that allegedly solicited homeowners facing foreclosure and referred them to Roth's firm.

Texas Supreme Court Resurrects Executor's Legal Malpractice Claim

Texas Lawyer

The Texas Supreme Court has held, in a 5-2 opinion, that the executor of a deceased client's estate may sue a decedent's attorneys for alleged legal malpractice committed outside the realm of estate planning. A dissenting justice expressed concern that the decision will result in more litigation against lawyers, saying that "an endless variety of claims could be brought on the theory that the attorney's advice resulted in a smaller estate or trust."

Internet Gambling Ban Appears Likely to Withstand 3rd Circuit Challenge

The Legal Intelligencer

In the high-stakes court battle over the constitutionality of a federal law banning all Internet gambling transactions that would be illegal in the gambler's state, a trio of federal appeals judges appeared unlikely Tuesday to strike the law down. Instead, all three judges on the 3rd Circuit panel seemed inclined to uphold the Unlawful Internet Gambling Enforcement Act of 2006 and to reject arguments from lawyers for a gambling trade association who complained the wording of the law is so vague it cannot be understood.

Madoff Investor Moves to Dismiss Damages Suit

New York Law Journal

Hedge fund operator J. Ezra Merkin has moved to dismiss a damages suit brought by New York's attorney general to recover an alleged $2.4 billion that was lost when Merkin turned over his clients' money to Bernard Madoff to handle without telling the investors. In his motion to dismiss, Merkin challenged the suit's assumption that he did not provide adequate disclosure that he was funneling the money to Madoff, and contended that his clients were "sophisticated" investors.

Ga. Judges Reject Court Regulation of Carbon Dioxide Emissions

Fulton County Daily Report

The Georgia Court of Appeals on Tuesday dealt a blow to environmental groups, tossing a lower court ruling that a permit for a proposed power plant must limit carbon dioxide emissions. The lower court decision had been called the only U.S. court ruling holding that carbon dioxide emissions must be considered when building a power plant. But the Court of Appeals said the decision moved the issue too quickly, before Congress and the Environmental Protection Agency decided how to regulate greenhouse gases.

Linklaters Topples Clifford Chance as World's Largest Law Firm

The American Lawyer

Linklaters has pushed Clifford Chance aside as the largest global law firm based on revenues. The firm released its 2008-09 financials on Friday, reporting a slight increase in revenues and a drop in profits per equity partner. Gross revenue for the fiscal year was 1.298 billion pounds ($2.407 billion), a 0.4 percent increase from the 1.293 billion pounds ($2.589 billion) in revenues earned in 2007-08. In dollar terms, Linklaters' revenues actually fell given the weakening British pound.

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Cloud Computing Brings New Legal Challenges

New York Law Journal

Given the explosive growth of cloud computing, it should be no surprise that it presents numerous legal issues, says Rivkin Radler partner Shari Claire Lewis. Business duties to protect confidential data do not end with data transfers to third-party vendors.

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Practical Considerations for Forming LLCs in New York and Delaware

Special to Law.com

Corporate attorney Amy E. D'Agostino is often asked, "What is the difference between forming an LLC in New York and Delaware?" Procedures in the two states are similar, but New York has a publication requirement, which adds significant costs. D'Agostino provides practical advice regarding the formation of limited liability companies in New York and Delaware with a focus on how new publication requirements might influence the choice of a jurisdiction of formation.

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Aid Your Job Search: Get Published

The Legal Intelligencer

Unfortunately, an unprecedented number of attorneys have been laid off and jobs for new law school grads have evaporated, so in this market you need to get creative, says consultant Debra L. Bruce. She suggests publishing an article, which will enhance your resume, but also help you forge contacts with potential employers and provide potential speaking opportunities. Bruce notes that you can also use your initial article to generate more articles, thus multiplying the number of opportunities you will create.

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Indicted Lawyer Says Feds Recruited Clients, Fellow Lawyers in Probe

Fulton County Daily Report

Claiming federal authorities are retaliating against him "for his vigorous representation of criminal defendants," a Georgia attorney facing money laundering charges has filed court pleadings that accuse federal prosecutors of "outrageous governmental misconduct." In one of a series of motions to dismiss, J. Mark Shelnutt says authorities recruited his clients, criminal defense lawyers representing co-defendants of his clients, and federal prosecutors to secretly record his personal and telephone conversations.

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Interest in Alternative Billing Arrangements Heats Up

The Connecticut Law Tribune

Alternative billing is nothing new -- a number of law firms around the country have been using alternative billing arrangements for a decade or more -- but interest is heating up. The discussion of non-hourly billing options "has grown from a whisper to a roar" in recent months, says attorney Bruce Raymond. Large law firms are starting to use such billing, but smaller firms tend to have a larger percentage of revenue stemming from alternative arrangements, according to a recent Altman Weil survey.

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