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: New York Supreme Court Criminal Term Library

LAW..COM Newswire Highlights November 5, 2008

By David Badertscher, PLL

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If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service. Do Law Firms Still Aspire to a New York Presence? New York Law Journal Law firms just about everywhere have long dreamt of having a New York presence, a Wall Street book of business and sky-high profits to match. But with Wall Street facing an unprecedented crisis, can the New York obsession endure? Some firms believe that emerging from the crisis will be consolidated banking giants, which will be more cost-conscious than fading profligate investment banks. Such a scenario could be disastrous for elite New York firms while benefiting out-of-town firms willing to work for less. Supreme Court Justices Debate the 'F-Bomb' Legal Times The Supreme Court appeared far from a consensus Tuesday on whether the Federal Communication Commission's crackdown on broadcasters who allow "fleeting expletives" to reach the airwaves should continue. Following an hourlong argument in which justices debated the relative impact of barnyard epithets, but no one actually uttered the expletives at issue, it seemed possible that the dispute will be sent back to the 2nd Circuit for further study on administrative law or constitutional issues, or both. Election Day Observations From the Legal Community Incisive Media Election monitors, lawyers, bloggers and other commentators reflected on the election season's twists and turns as voting got under way Tuesday. Among the reflections and observations: the sighting of new trickery on social networking sites and in text messages; mixed reviews for the voting process in a familiar battleground state; a look at the political seesawing over the legality of same-sex marriage; and predictions on the likelihood -- or not -- of another Bush v. Gore. Court Slams 'Deceptive' Arbitration Deal Involving American Apparel CEO The Recorder Legal blogs were buzzing Tuesday about a California appellate ruling involving a sham arbitration between controversial clothier Dov Charney and a woman who sued him for sexual harassment. The court revealed that attorneys for Charney had conspired with lawyers for former sales manager Mary Nelson, agreeing to enter into an arbitration whose outcome was preordained to favor Charney and to state that Charney "never sexualized" Nelson. Nelson, in turn, would get $1.3 million if she kept the settlement secret. Former Lehman Employee Files $5 Million Lawsuit Against Failed Investment Bank The Associated Press A computer programmer formerly employed by Lehman Brothers filed a $5 million lawsuit Tuesday on behalf of more than 100 other ex-employees, in an effort to open a class action against the failed investment bank. The lawsuit alleges failure to give proper advance notice of Sept. 9 layoffs and seeks back wages and benefits. If certified, the class could include about 1,000 former workers. Last of Milberg Conspirators Sentenced The National Law Journal A federal judge in Los Angeles on Monday sentenced Steven G. Cooperman and Paul Selzer, the last two individuals in the government's criminal kickback case against the Milberg law firm, to four months in prison and six months of home detention, respectively. The case had alleged that Milberg and seven of its partners obtained $251 million in attorney fees by making secret and illegal kickbacks to lead plaintiffs in shareholder and class action cases. N.Y. Jets Fan Sued for Using Loan to Buy $400K Stadium Seats New Jersey Law Journal New York Jets football fan David Findel attracted more attention than he wanted when he paid $400,000 to buy the licenses for the two best seats in the new Giants-Jets stadium to raise his mortgage company's profile. Michael Rapf, who says Findel still owes him $281,500 from a 2004 loan, sued Findel after seeing a newspaper article that described Findel as the winner of an auction for the seats. The suit also claims that Findel used resources at his company to pay attorney fees for a divorce. DOJ, State Attorneys General Investigate Drugmakers' Marketing The Associated Press As lawsuits pile up against Merck and its partner Schering-Plough over their marketing of Vytorin, the Justice Department has begun investigating whether the drugmakers' promotion of the cholesterol drug resulted in false claims to federal health care programs, Merck noted in a filing to the Securities and Exchange Commission on Monday. A group of 35 state attorneys general are jointly investigating whether the partners violated state consumer protection laws in their marketing of Vytorin, Merck reported. Miller Canfield Opens New Office in Shanghai The National Law Journal A Detroit law firm is looking to capitalize on China's expanding role in the global marketplace with a new office in Shanghai. Miller, Canfield, Paddock and Stone has opened its first office in China, eager to help its North American and European clients doing business in China, as well as Chinese clients interested in expanding in the U.S. The new office opened on Nov. 1 in Shanghai, China's technological gateway and largest commercial, financial, industrial and communications center. Lowenstein Sandler Forms New Group to Focus on Pro Bono Work New Jersey Law Journal To spearhead pro bono efforts, Lowenstein Sandler is launching its Center for the Public Interest, headed by partner Kenneth Zimmerman and staffed by five associates who will each devote 25 percent of their time for one year. Despite some firms' retrenching and cutbacks in legal staff, managing partner Gary Wingen says now is the right time for Lowenstein to plow more resources into pro bono. It's an opportunity for the firm's attorneys to "help in some small way," he says. Tips to Build Up Your LinkedIn Profile Legal Times LinkedIn is a site suited for legal professionals. Building up your online profile with this popular professional networking site can keep your options open in the current economic downturn. Diana Rubin of Major, Lindsey & Africa lists useful tips to get the most out of LinkedIn. Visit Legal Technology New SEC Enforcement Manual: Better Late Than Never New York Law Journal The recently issued SEC enforcement manual, which addresses a variety of subjects ranging from waiver of the attorney client privilege to the best practices for Bates stamping documents, is a welcome reference tool that contains a multitude of detailed provisions, says attorney Amy Walsh. Given the market events of the past few months, and the heightened SEC activity that inevitably will ensue, this manual is requisite reading for any attorney who interacts with the Division of Enforcement. Visit In-House Counsel Ma's Lessons for Being a Better Lawyer Texas Lawyer Employment lawyer Michael Maslanka loved his mother -- she was really smart, he says, and as a kid, he was taught a lot by her. Therefore, her lessons made him a better lawyer, he claims. Maslanka describes the top five lessons his mother taught him and how they can be applied to the life of a lawyer. For example, lesson No. 4: When in doubt, resort to the truth. Many lawyers obfuscate their messages, deceive others into believing they are zigging when they are zagging. But to what end? Visit the Career Center Law.com 120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC Customer Service Phone: (877) 256-CIRC

Full post as published by New York Supreme Court Criminal Term Library on November 05, 2008 (boomark / email).