Legal Research

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DLA Piper Plans to Keep Reducing Associate Classes, Discard Lockstep System

The National Law Journal

DLA Piper expects to keep scaling back the size of its associate classes and to make more use of staff attorneys as it revamps its associate program in the face of client demands and the need for cost-cutting, according to the firm's leaders. The largest law firm in the United States, DLA hopes by year's end to have a new associate compensation, training and promotion structure that discards the traditional "lockstep" system of paying associates based on years of service.

Weil's AIG Fees Could Exceed $25 Million, Filing Shows

The American Lawyer

AIG has no doubt been a boon to the coffers of the law firms advising the company throughout its divesture efforts. But how big of a boon has never come to light -- until now. In a Tuesday filing related to possible conflicts of interest in the GM bankruptcy, Weil, Gotshal & Manges disclosed that 3 percent of its revenue during the last 12 months came from AIG. Exactly what dollar amount that equals is unclear. But back-of-the-envelope math suggests the fees are at least $25 million to $36 million, if not more.

Blogger Charged With Threatening to Kill Three Federal Judges

The National Law Journal

A blogger and Internet radio host was arrested by the FBI on Wednesday after urging the killing of three 7th Circuit judges who declined in a court ruling this month to overturn laws banning handguns. In a Web posting on the same day of the ruling, blogger Hal Turner called the decision an "outrage" and said the judges "deserve to be killed." The complaint charged Turner with threatening to assault and murder thejudges in retaliation for performing their official duties.

N.Y. Federal Judge Delays Restitution Order in Madoff Case

The Associated Press

Bernard Madoff will not be ordered to pay restitution at his sentencing next week, a federal judge said Wednesday, citing the complexity of the multibillion-dollar fraud. Judge Denny Chin granted prosecutors' request for a three-month delay in deciding whether to order restitution or to order victim compensation through forfeiture laws and other regulations. Madoff faces up to 150 years in prison after admitting he ran a fraudulent investment service for decades, squandering billions of dollars for thousands of investors.

Felony Conviction Reversed due to Lawyer Who Slept During Trial

New York Law Journal

A New York judge has thrown out a felony weapons conviction after the defendant's attorney repeatedly fell asleep at trial, allegedly read magazines while witnesses testified and provoked laughter among the jurors with his "bizarre" opening statement. Reached by phone this week, the veteran defense attorney called his opening statement "very logical and precise." As for the laughing jurors, he said, "Well, laughter's very good when you're looking at many years in prison."

Senate Appoints Panel to Investigate Impeached Judge

The National Law Journal

The Senate has begun the process of putting impeached Judge Samuel Kent on trial. Senators heard a preview Wednesday of the evidence against Kent and appointed a committee to investigate and present evidence to the full Senate. Kent, who is being held in a Bureau of Prisons medical facility, faces removal after the House last week adopted articles of impeachment against him. Kent pleaded guilty in February to obstruction of justice before he was to go on trial on charges that he sexually abused two court employees.

3rd Circuit Mulls Pre-emption of Class Action Over Snapple's Nutrition Claims

The Legal Intelligencer

A 3rd Circuit panel seems likely to revive a consumer fraud suit accusing the Snapple beverage line of misleading the public by proclaiming it was "All Natural" although it was sweetened with high-fructose corn syrup, which plaintiffs' lawyers have labeled "synthesized" and "unnatural." During a lively argument Wednesday, there were strong hints the case would join a trend by courts to allow such consumer or product liability suits and to reject manufacturers' arguments that the suits conflict with federal regulations.

9th Circuit OKs Suing Prosecutor Over DNA Sample

The Recorder

A prosecutor and a police detective can both be sued by a former defendant for taking a sample of his DNA without a warrant, the 9th Circuit has ruled. "The warrantless, suspicionless, forcible extraction of a DNA sample from a private citizen violates the Fourth Amendment," Judge Sidney Thomas wrote for the majority. The opinion touched on the scope of defendants' privacy rights when they have been charged but are awaiting trial. It also addressed the lengths to which law enforcement officials can go to collect DNA.

What's the Damage? Lawyers Line Up for Payment in Chrysler Case

The American Lawyer

Jones Day, Schulte Roth & Zabel and Kramer Levin Naftalis & Frankel have submitted applications for a new round of attorney fees in the Chapter 11 case of the company formerly known as Chrysler. Two London-based Jones Day lawyers had the highest hourly rates -- $1,175 for the restructuring partner and $1,075 for the employee benefits partner -- while a restructuring associate, also in London, had the highest hourly rate among associates: $825.

'Safe Harbor' Is Just That for Humana in Securities Class Action

The American Lawyer

Are we seeing the start of a trend toward a more defense-friendly view of the safe harbor provisions of the securities laws? On Tuesday, Fried Frank won the dismissal of a class action against Humana on safe harbor grounds -- and that's the second safe harbor dismissal this month, coming on the heels of a dismissal of a securities fraud suit against Aetna.

Study Finds Shift in Plaintiffs and Defendants in Credit Crisis Suits

The American Lawyer

NERA Economic Consulting has published an analysis that finds the number of credit crisis suits increased 172 percent in 2008, with 2009 also off to a robust start. But the nature of the litigation is changing. Shareholder filings seem to have peaked. Instead, investors in preferred securities, corporate bonds, and mortgage- and asset-backed securities are dominating, appearing as plaintiffs in 49 percent of 2009 cases. Securities issuers and underwriters have been defendants in half the suits filed so far this year.

Home Depot Product Liability Suits Advance

Fulton County Daily Report

A federal judge is permitting dozens of product liability suits against Home Depot and the makers of a tile grout cleaner to proceed to trial on negligence claims, but he has stripped away other claims that sought damages for violating federal consumer product safety laws. Two people died and dozens were hospitalized after breathing vapors from the Tile Perfect Stand 'N Seal chemical spray, according to court pleadings. The U.S. Consumer Product Safety Commission has issued a recall of 300,000 cans of the product.

Offender's Sex Partner Ruled Not a 'Stranger' Under N.Y. Sex Offender Registration Act

New York Law Journal

A 28-year-old man who contacted a 15-year-old girl only through the Internet and by telephone before they met and had sex was not a "stranger" under New York's Sex Offender Registration Act, a state appellate panel has ruled. The distinction resulted in the defendant being adjudicated a Level 1 "low risk" sexual offender, rather than a Level 2 "moderate risk" offender. The defendant met the victim through the social-networking site MySpace.com, where she had listed her age as 20, according to the decision.

Argentine Crisis Arbitration Awards Pile Up, but Investors Still Wait for a Payout

Focus Europe

The Argentine economic crisis of 2002 produced a flood of big arbitrations. To date, more than a half-dozen rulings have been handed down by tribunals in Argentina-related cases. But while the awards against the South American country are piling up, investors still haven't collected a single peso, and some lawyers are questioning the effectiveness of ICSID, the Washington, D.C.-based arbitration center that handles many investment treaty arbitrations.

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TJX to Settle Data Breach Case for $9.75M

The National Law Journal

After settling with consumers and banks that alleged the company's lax computer security enabled a massive data breach, discount retailer TJX has agreed to pony up $9.75 million to 41 states whose attorneys general claimed the company failed to protect customers' financial data.

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A Trans-Atlantic Look at E-Discovery

Legal Week

High costs and lost documents have given e-discovery -- or e-disclosure as it's known in the U.K. -- negative press at times. But is EDD as bad as it's made out to be? Vince Neicho, litigation support manager at Allen & Overy, looks at trans-Atlantic differences and changes to come.

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Bringing Mediation In-House Is Cost-Effective in More Ways Than One

The Legal Intelligencer

Limited resources can inspire corporate legal departments to think creatively and invest in programs that save money, effectively utilize in-house counsel and improve customer service. Alternative dispute resolution, as opposed to litigation, is one way that a corporation can save money, says Chaton T. Turner, an assistant counsel in the University of Pittsburgh Medical Center's corporate legal department, which uses mediation to resolve certain disputes and grievances that patients have with the system.

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The Art of Procrastination for Lawyers

Fulton County Daily Report

The Snark thinks that procrastination is unfairly viewed as a negative working methodology. It is a real art to be able to delay a task just long enough so that it can be completed by the deadline with single-minded focus, determination and minimal sleep. Perky non-procrastinators often chirp about the vices of purposely and unnecessarily delaying the completion of tasks: "Why put off until tomorrow what you can do today?!" The Snark's response? "Because I don't want to do it today. That's why."

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