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Attorney General Weathers Stevens Fallout -- for Now

Legal Times

For the DOJ, it was a week that might have echoed the toughest days of the Bush era. First, the department got a very public spanking from a federal judge for mishandling the corruption case against former Sen. Ted Stevens. Then, Attorney General Eric Holder Jr. replaced the longtime head of the Office of Professional Responsibility with a veteran prosecutor. The thing that may have made last week quite different from the Bush years was the public response by, and the political reaction to, Holder and the DOJ.

Dewey Lawyer Sees Same-Sex Marriage Rights Turning the Corner

The American Lawyer

Proponents of same-sex marriage won significant victories last week in Iowa and Vermont. Dewey & LeBoeuf partner Vivian Polak, chair of the firm's diversity committee, is one of the many lawyers throughout the U.S. committed to the issue. She filed an amicus brief on behalf of several nonprofits in the case that went before the Iowa Supreme Court. Polak discusses dedicating herself to gay rights cases and her role in Iowa.

Trial to Begin in Case Testing Attorney Recruitment Methods

New Jersey Law Journal

New Jersey's second-largest law firm is due to go on trial today in a case that could refine the law on firms' methods of recruiting lateral partners and practice groups. The suit also tests the reach of a 1992 precedential case that allows lawyers to move from firm to firm to best represent their clients, free of restrictive covenants. The suit charges that Lowenstein Sandler used secret data about a smaller firm to decide which lawyers and staff to target and that the cherry-picking caused that firm's collapse.

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Madoff Victims May Seek His Personal Bankruptcy

New York Law Journal

A federal judge has given half a dozen victims of Bernard L. Madoff the green light to force the jailed perpetrator of a multibillion-dollar Ponzi scheme into involuntary bankruptcy. In a move opposed by federal prosecutors, the Securities and Exchange Commission and the trustee appointed pursuant to the Securities Investor Protection Act, Judge Louis L. Stanton said victims would benefit from a bankruptcy because it would protect assets that were not the proceeds of Madoff's crimes.

Linklaters Asks Trainees to Defer Start Dates

Legal Week

Linklaters has become the latest law firm to push back its trainee start dates in response to the recession, with the Magic Circle firm offering future trainees 10,000 pounds to defer for a year. The firm will make the voluntary deferral selections based on what trainees intend to do with their time off, with community projects or study to be encouraged. Linklaters' decision follows similar moves by Clifford Chance, Lovells, Herbert Smith and Norton Rose.

Lawyers Volunteer Assistance to Victims of Shooting at N.Y. Immigration Services Center

New York Law Journal

Lawyers mobilized by the New York State Bar Association went to Binghamton, N.Y., last week to give free legal advice to families of 13 persons slain by a gunman at an immigration services center April 3. Lawyers assisted with estate, guardianship, visa and immigration issues. However, the greatest need was for help in accessing counseling and other services, according to a former bar association president, who says she found a home care aide for a woman whose daughter -- her primary caregiver -- was killed in the attack.

Instant Appeal Certified in Chocolate Price-Fixing Case

The Legal Intelligencer

Facing accusations of price fixing, leading chocolate manufacturers in the United States have persuaded a Pennsylvania federal judge to certify an immediate appeal of his decision not to dismiss 87 consolidated antitrust suits. Lawyers will be closely watching the interlocutory appeal because it promises to give the 3rd Circuit its first opportunity to define the scope and effect of the U.S. Supreme Court's seminal 2007 Bell Atlantic Co. v. Twombly decision on price-fixing cases.

Obama's 2nd Circuit Pick Says He Didn't Ask for Nomination

Legal Times

One of President Barack Obama's appellate court nominees says he never asked to be chosen. Judge Gerald Lynch, nominated for the 2nd Circuit, writes in an answer to a Senate background questionnaire that he first heard about a possible nomination when New York's Democratic senior senator gave him a call. It is accepted practice for potential nominees to lobby their senators for support, so Lynch's description of the process is perhaps a little unusual.

Jones Day and Motley Rice Agree to Cease Fire in Confidential Document Spat

The American Lawyer

There's a new development in a dispute over possession of a Sherwin-Williams boardroom document related to long-running lead paint litigation. Jones Day had earlier accused Motley Rice of attempting to profit from the theft of the document. Now, Motley Rice has agreed to give a copy of the document to the court and to keep it confidential. But the plaintiffs firm does not admit liability for any receipt or disclosure of the document or admit it is protected by attorney-client privilege or contains proprietary information.

Though Unpaid, Petters Legal Team Must Stay on the Job, Says Judge

The Associated Press

A federal judge has told attorneys for businessman Tom Petters -- charged with masterminding a $3.5 billion Ponzi scheme -- that they can't quit, even though they haven't been paid yet for any work they've done this year and say they've had to cut back on associates, investigators and expert witnesses. The judge noted that if he had to appoint new counsel, trial preparation would start all over.

Psychiatrist Not Liable to Patient's Victims, Rules Calif. Appeals Court

The Recorder

After a 19-year-old California man killed two neighbors in 2005, the victim's survivors sued the murderer's psychiatrist, accusing him of causing the rampage by giving his client an unstable mix of antidepressants. A trial court judge said the case could proceed. But last week, a California appeals court ordered summary judgment for the doctor, saying the patient had a pre-existing mental disorder that "necessitated" treatment. The ruling stems from an event widely discussed in psychiatric and online mental-health circles.

Same-Sex Partner Who Is Child's Genetic Mother Granted Adoption

New York Law Journal

A Manhattan surrogate judge has granted an adoption petition filed on behalf of a woman whose egg was fertilized and then implanted in her same-sex partner. Although the couple's Dutch marriage is recognized by New York and the donor's genetic relationship to the 15-month-old boy is "unquestioned," the donor sought to safeguard her parental rights under federal law and in states that do not recognize same-sex marriage. The judge concluded that adoption may not be a perfect solution, but it is the best one.

Lawyer Loses Round in Fee Dispute Over Anna Nicole Smith Paternity Case

The National Law Journal

The lawyer who represented Larry Birkhead in his paternity suit to gain custody of Anna Nicole's Smith's child has lost a bid to compel arbitration in a lawsuit to recover legal fees from him. A state appeals court in California ruled last week that attorney Debra Opri will have to take her claim against Birkhead to court. Opri of Opri & Associates in Beverly Hills, Calif., is claiming more than $620,000 in fees against Birkhead, who won the paternity suit to gain custody of Dannielynn in 2007.

Harness the Power of EDD Planning

Texas Lawyer

Failure to prepare for the "meet-and-confer" conference to deal with ESI is a lost opportunity to negotiate a discovery plan that allows flexibility in the form of production, says attorney Jeffrey A. Adams. An unprepared attorney may incur unnecessary expenses and possible sanctions.

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Bank Nixes Use of Social Networking Sites in Hiring Process

Texas Lawyer

Amegy Bank of Texas is successfully navigating the legal land mines that the brave new world of social networking Web sites can contain. Amegy and its longtime employment lawyer developed a policy to be followed when filling the 45 or so positions that open every month in the 2,000-employee company. That policy has not only served the bank well over the past year, but it's the cornerstone of an ongoing evaluation of how to best utilize online resources when it comes to smart staffing strategies.

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Five Sobering Future Trends Could Impact Younger Lawyers

The Legal Intelligencer

Economic recessions have come and gone, and many await the next recovery. But when things get better, will law firm hiring return to its old habits? Probably not, says consultant Frank Michael D'Amore. He predicts five sobering trends that may have been born out of the recession, but that could have long-term effects. One such trend: the train that previously delivered law students directly to major law firms after graduation "may not have just been temporarily stalled -- there may be a permanent rerouting."

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