Plaintiffs Lawyers Jockey for Venue in Massive Toyota Litigation
Plaintiffs lawyers have been jockeying for a front seat in the mounting litigation arising from the sudden unintended acceleration problems in Toyota vehicles. About 150 lawyers assembled in Chicago recently to discuss sharing experts and legal strategies in the Toyota litigation, which now exceeds 80 lawsuits. Many lawyers have broken into camps based on which jurisdiction they believe should hear the multidistrict litigation against Toyota -- and which judge should decide the cases.
Chief Justice Puts State of the Union Speech Back in the SpotlightSix of the nine Supreme Court justices attended the State of the Union address in January, but don't be surprised if that number goes way down next year, in light of comments made by Chief Justice John Roberts Jr. in Alabama on Tuesday, after he was asked about an unusual episode that occurred at this year's address. Said Roberts: "To the extent the State of the Union has degenerated into a political pep rally, I'm not sure why we're there."
A Second Mistrial for Blogger Charged With Threatening JudgesIn a serious defeat for federal prosecutors, the second trial of blogger Harold Turner, the New Jersey white supremacist charged with threatening to kill three 7th Circuit judges, has resulted in a second mistrial. At the end of their second full day of deliberations Wednesday, the jurors said another day of deliberations would be useless, the third time they reported that they believed a unanimous verdict was impossible. Prosecutors will now have to decide whether to ask the 7th Circuit judges to appear for a third trial.
Negotiating Cloud Computing AgreementsUnfortunately, the ease of access and simplicity of the cloud doesn't extend to the legal issues supporting it. While traditional software licensing and IT outsourcing agreements can be a model for cloud computing, there are new risks and business practices that must be considered.
King & Spalding Announces New Pay Scale, BonusesKing & Spalding announced on Tuesday its long-awaited 2010 pay scale for Atlanta partner-track associates in an internal memo obtained by the Fulton County Daily Report. The new pay scale ranges from $135,000 for a first-year associate to $190,000 for an eighth-year. Depending on class year, the new pay scale either lessens the effect of a September pay cut or restores some associates' pay to what they were making a year ago. The firm also announced that it will pay associate bonuses for 2009.
Former Receiver Pleads Guilty to $2.6 Million Fraud, Faces up to 14 YearsOnce among the most respected professionals in the South Florida legal community, Lewis Freeman pleaded guilty Wednesday to wire fraud conspiracy. Federal prosecutors said that Freeman defrauded up to 250 clients, allegedly using misappropriated funds to "support a lifestyle that was well above his means," while moving millions of dollars among accounts to hide his actions. Freeman is free on bond, awaiting his May 19 sentencing, where he could receive a prison term of 10 to 14 years under federal guidelines.
Source: Former Sens. Breaux, Lott in Talks With Patton BoggsFormer Sens. John Breaux and Trent Lott are in talks to more formally combine forces with law and lobbying firm Patton Boggs, according to a source. Rumors of such a deal have been spreading for months. Breaux, via an assistant, declined to comment, but said he has had offers from other firms since the Breaux Lott Leadership Group opened. Breaux and Lott are already special public policy advisers to Patton Boggs.
Class Action Suit Over Aetna's Security Breach Is DismissedFinding there was no more than speculative injury, a federal judge has dismissed a class action suit against Aetna filed in the wake of news that the insurer's computer database may have been hacked and that personal data of up to 450,000 job applicants were potentially at risk. The judge added his voice to a growing chorus of judges who have held that such a claim of "increased risk of identity theft" is not enough to confer standing to sue. He noted that the courts are divided on whether plaintiffs in such cases have standing.
1-Year Suspension Recommended for Former Bush White House Aide Over Theft ChargeThe D.C. Board on Professional Responsibility has recommended to the
D.C. Court of Appeals that former White House aide Claude Allen, who
pleaded guilty in 2006 to one misdemeanor count of theft of property
under $500, be suspended from the practice of law for one year. Allen
contended that his conduct was a result of severe stress stemming from
his time as an assistant to President George W. Bush for domestic policy
issues during and after Hurricane Katrina.
Solo Punished for Paying Paralegal a Percentage of FeesAfter practicing law in New Jersey for 57 years, Martin Burger learned something new: You can be reprimanded by the state Supreme Court for paying paralegals a percentage of fees on cases they bring in. He also learned the punishment could have been worse. In an order made public on March 5, the justices adopted the Disciplinary Review Board's finding that Burger capitalized on paralegal Lita Biederman's contacts in the Filipino community to generate immigration cases.
On Capitol Hill, Obama Administration Defends Indian Trust DealSenior Obama administration officials on Wednesday defended the proposed
$1.4 billion settlement to resolve a long-running Indian trust dispute,
telling skeptical members of a House committee that the resolution,
which requires congressional authorization, is fair and appropriate.
Members of the House committee questioned whether the dollar amount of
the suit is sufficient to settle the claims. The members also are trying
to wrap their heads around the proposed range of attorney fees -- $50
million to $100 million.
Former RRA Partner to Answer Questions on Payments From Convicted FraudsterFormer Rothstein Rosenfeldt Adler partner Steve Lippman has agreed to sit for a deposition without invoking his Fifth Amendment rights when questioned about money received from his former boss, convicted fraudster Scott Rothstein. Bankruptcy trustee Herbert Stettin contends Lippman was overpaid by $3.1 million and seeks repayment. Stettin alleges a number of bonuses and payments were made as "part of a scheme to funnel cash out of RRA to use for political contributions."
N.J. Justices Lean Toward Banning Use of Purloined Documents in Bias SuitsThe New Jersey Supreme Court appears ready to adopt a rule barring plaintiffs from using records secretly taken from employer files to bolster their discrimination cases. At oral arguments, the justices kept plaintiffs attorney Neil Mullin on the ropes, asking him how the court can approve of an employee resorting to self-help to gain a litigation advantage. Mullin asked the court to reinstate a $10.6 million jury verdict for a Curtiss-Wright executive fired for copying corporate documents and giving them to Mullin.
Court: Rights to Tavern on the Green Name Belong to New York CityA federal judge ruled Wednesday that New York City had presented "compelling evidence" that it owned the right to the name Tavern on the Green. The decision comes more than two months after the famous Central Park eatery closed Dec. 31 and caps a bitter battle between the city and descendants of restaurateur Warner LeRoy, who licensed the right to run Tavern on the Green in the 1970s. Tavern on the Green opened in 1934, when Parks Commissioner Robert Moses transformed the Victorian Gothic structure from a sheepfold.
Former City Attorney Suspected in Dallas Office Shootings DiesDallas police say a former city attorney accused of shooting a father and son inside their financial business Monday died from a self-inflicted gunshot wound on Wednesday. Police say Robert Mustard turned the gun on himself after shooting Richard Smith and Christopher Smith, both of whom are in stable condition. Authorities believe that Mustard, who worked for the city of Dallas in the 1980s, was upset about some financial dealings.
Calif. High Court Gives Guidance on Post-Employment Sales CommissionThe recent decision Schachter v. Citigroup is the first California Supreme Court case to address the question of post-employment sales commissions. The court's guidance is necessary because existing case law and interpretations from the California Department of Labor Standards Enforcement have not provided a clear, consistent or well-founded framework, says attorney Richard H. Frank. The ruling provides guidance for companies on crafting enforceable employment contracts and commission plans to address this issue.
Panel Discussion on In-House Work Spells Bad News for Young AssociatesA panel discussion by outsourcing experts and in-house counsel on Wednesday highlighted the in-house reluctance to pay for work by first- and even second-year associates, even as in-house lawyers on the panel acknowledged that the trend could harm their hiring pools in the future.
The New China HandsJust a decade ago, China's rise as an economic superpower still seemed uncertain. Back then, the China practice of major international firms was still mainly the province of the Old China Hands -- lawyers who perhaps had a deeper affinity for Chinese language and culture than the practice of law -- who focused on representing foreign companies opening factories and shops in China. But with the country's economic rise, the face of the China practice at international firms has grown increasingly ... Chinese.