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Legal Research

: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights March 6, 2009

By David Badertscher, PLL

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Calif. Justices Appear Likely to Uphold Ban on Gay Marriage

The Recorder

During oral arguments Thursday, California Supreme Court Chief Justice Ronald George and Justice Joyce Kennard, who helped form the 4-3 majority that let same-sex couples wed for six months last year, gave all indications that Proposition 8 -- the measure that took that right away -- must be accepted as the will of the people. Gays and lesbians can take comfort in the fact that the justices indicated that the 18,000 same-sex marriages that took place before Prop 8 are safe.

155 Lose Jobs at Pillsbury

The Recorder

Pillsbury laid off 55 lawyers and 100 staff Thursday, finalizing a move revealed by an indiscreet partner during a conversation on an Amtrak train last month. The cuts amount to a 12 percent reduction in nonpartner ranks. The firm is giving laid-off attorneys three months' severance, while packages for staff will be based on seniority. The firm also is offering a unique severance alternative: It'll fund one year of salary and benefits, on the nonprofit pay scale, for laid-off lawyers who go to work at legal nonprofits.

Quinn Emanuel Sues Recruiting Firm Over Fees for IP Lateral From Latham

The American Lawyer

When Latham & Watkins IP partners David Nelson and Sean Pak joined Quinn Emanuel last month, managing partner John Quinn said it was "almost unheard of" to find two young IP lawyers with "significant trial experience." But that hasn't stopped Quinn Emanuel from trying to limit the finder's fee it has to pay. The firm has filed suit against Major Lindsey & Africa, which brokered Nelson's lateral move, claiming the legal recruiting company doesn't deserve the fees it's demanding for Pak and future Latham laterals.

9/11 Mediator Wraps Up Work; Only 3 Cases Left Unsettled

New York Law Journal

Three years after she began the "heart-wrenching" experience of mediating wrongful-death and personal-injury lawsuits that arose out of the Sept. 11 terror attacks, it is impossible to tell whether the litigants received better recoveries than people who went through a compensation fund created by Congress, Skadden Arps partner Sheila L. Birnbaum said in a final report to a New York federal judge. The report details efforts that have left all but three of 95 cases settled for a total of $500 million.

DOJ Nominees Move Ahead

Legal Times

Three of President Barack Obama's nominees for the Justice Department -- Elena Kagan, nominee for solicitor general; David Kris, nominee for assistant AG in charge of the National Security Division; and Thomas Perrelli, nominee for associate AG -- won the Senate Judiciary Committee's endorsement on lopsided votes Thursday. Sen. Arlen Specter, the committee's ranking Republican, said he still has some concerns about Kagan's views, saying she gave "inadequate answers" to his written questions on controversial issues.

Inside the High Court: Costco Drug Dealers and Klutzy Robbers

Law.com

The Supreme Court on Wednesday heard arguments in two criminal sentencing cases, the first involving a felony charge due to the defendant's use of a cell phone in arranging a misdemeanor drug purchase. In the second, the justices considered an additional charge based on the accidental discharge of a gun by a defendant whom Chief Justice John Roberts Jr. repeatedly termed a "klutzy robber."

Tower Snow Is Back, and Howard Rice Has Got Him

The American Lawyer

Tower Snow Jr., who made headlines during his turbulent tenure as chairman of now-defunct Brobeck, Phleger & Harrison, is joining Howard Rice as a partner and will resume his practice as a securities litigator. Snow says he had "contact with quite a few firms" before choosing Howard Rice, which stood out for its client list, the quality of its lawyers and its collaborative culture. With 105 lawyers, Howard Rice is a switch from Brobeck, which grew fast but imploded amid much rancor. Says Snow: "Small is really beautiful."

Covington & Burling Partner Envisions 'Life Without Lawyers'

Legal Times

The economic crisis presents an opportunity to overhaul the legal system, says Covington & Burling partner Philip Howard. And with bold policy goals emerging from the Obama administration and with Congress controlled by Democrats, such structural changes could be on the horizon. In his new book, "Life Without Lawyers," Howard argues that a fear of litigation has stricken America's health care and education systems. "It's as if everyone has a little lawyer on their shoulder whispering in their ear all day long," he says.

'Octomom' Bill Referred for More Study

The Associated Press

A Georgia measure that would place first-in-the-nation restrictions on the number of embryos that fertility doctors may implant likely won't pass this year after it was shipped to a subcommittee on Thursday for more study. "The Ethical Treatment of Human Embryos Act" was inspired by so-called "octomom" Nadya Suleman, who gave birth to octuplets in Bellflower, Calif., in January, after having six other children. A similar bill is pending in Missouri.

Church Pushes to Defeat Proposal to Open Window for Older Sex Claims

New York Law Journal

The New York State Catholic Conference has resumed its fierce lobbying against a bill that would open a one-year window to revive suits for clergy sexual abuse where the statute of limitations has expired. Catholic leaders say the proposal would create a flood of financially ruinous lawsuits, many of which would be decades old. As an alternative, they are promoting a more "fair and balanced" approach that would extend the statute of limitations by two years but not revive older claims.

Manhattan Prosecutor Resigns Over Morgenthau's Lack of Support for DA Run

New York Law Journal

Daniel Castleman quit his job Monday as Manhattan District Attorney Robert M. Morgenthau's top deputy after Morgenthau refused to back him as his successor, the DA said at a news conference Wednesday. Morgenthau said that rebuffing Castleman was "the most difficult decision" he had made during his 35-year career, calling Castleman an "important figure" and one in a long line of "great" chief assistants.

Worth of Thousands of Gift Certificates Questioned After Ohio Company Closes

The Associated Press

A gift certificate vendor that operated in 47 states has shut down, leaving thousands of people to wonder if unredeemed certificates for restaurants and stores are now worthless. Many businesses and chambers of commerce around the U.S. promoted CertifiChecks Inc. by offering certificates of up to $100 for local use. CertifiChecks' Web site suggests that holders mail the certificates to the company for "potential" reimbursement -- but some worry that could mean giving up proof of ownership.

O Canada! North of the Border, Firms Avoid Layoffs

The American Lawyer

A report by The Financial Post notes that the market for lateral hires among Canadian firms remains hot, with widespread layoffs not yet a concern. Only two major Canadian firms have implemented cutbacks to attorneys and staff, while the rest of the Great White North's legal landscape remains relatively unscathed. It turns out that Canadian law firms, much like their bailout-resistant banks, aren't nearly as leveraged as their U.S. and U.K. peers.

Visit International News

Will Firms Pick iPhones Over BlackBerrys?

The American Lawyer

While the BlackBerry is by no means endangered at law firms, Apple's iPhone is a big contender. The first-generation iPhone was decidedly for consumers, but with new 2.0 software -- along with the new iPhone 3G, which runs over a faster cellular network -- lawyers are embracing it.

Visit Legal Technology

ADA Amendments Mean Employers Need to Be More Cautious

Texas Lawyer

By rejecting the narrow and exacting holdings in two U.S. Supreme Court cases and then expanding key definitions in the Americans With Disabilities Act, the ADA Amendments Act of 2008 -- which became effective on Jan. 1 -- significantly broadens the protective scope of the ADA. Employers should take a more cautious approach in their employment practices and decisions and should expect an increase in the number of disability discrimination claims asserted by employees, says attorney Robert M. Behrendt.

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Networking Is Key to Navigating the Recession

The National Law Journal

There have been thousands of layoffs in the legal market since the financial crisis began, but if you are one of its casualties, you do have options and can still create opportunity, says attorney Ari Kaplan. Start thinking about who inspires you in your community and why. Then try to meet one or all of those individuals. You can rely on your personal style to determine the best approach. Kaplan suggests several means of deepening these connections and potentially creating your next job opportunity.

Visit the Career Center

In Small-Firm Merger, Cost Cutting Is Bonus

The National Law Journal

Schuyler Roche, a Chicago law firm with 40 attorneys, will combine next month with the smaller Chicago litigation boutique Crisham & Kubes, the two firms said. The combined firm, to be called Schuyler, Roche & Crisham, will have 50 attorneys, including 22 shareholders. The difficult financial environment didn't trigger the merger, but Schuyler Roche's Jim Komie and Crisham & Kubes' Tom Crisham said they're pleased that combining the firms will allow them to spread reduced costs over a larger head count.

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Full post as published by New York Supreme Court Criminal Term Library on March 06, 2009 (boomark / email).

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