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Dreier to Plead Guilty to All Charges, Attorney Says

New York Law Journal

Marc S. Dreier intends to plead guilty on May 11 to all counts in the indictment charging him with stealing hundreds of millions of dollars from hedge funds and individuals, his attorney said at a hearing on Monday. Seven counts against Dreier -- alleging securities and wire fraud and money laundering -- each carry potential sentences of 20 years in prison, while an eighth charge, of conspiracy, carries a five-year term. In deciding to plead guilty, Dreier is effectively asking for the court's mercy.

Law Firms in Mexico City Ponder Swine Flu Precautions

The National Law Journal

Attorneys and staff at Gardere, Arena y Asociados sported a new look in their Mexico City office Monday: surgical masks. The masks were one of several precautions taken at the office since the Mexican government announced the presence of a deadly strain of swine flu. But the firm has not yet decided whether to take more serious action, like closing the office and having attorneys work from home. Meanwhile, for attorneys in Haynes and Boone's Mexico City office, it's generally been business as usual.

Chip Makers' $891 Million Settlement Infused by New Blood

The Recorder

Broadcom and Qualcomm had little use for peace in their huge patent fight over the past four years. But when new legal chiefs took over at the chip rivals, something changed. Broadcom's Arthur Chong, hired in November, and Qualcomm's Donald Rosenberg, hired after that company's litigation strategy suffered setbacks, began talking in January, Chong said. The result: The announcement that Qualcomm will pay Broadcom $891 million as part of an agreement to end several patent and antitrust cases against each other.

Investors Lob Fraud Charges at Madoff Feeder Fund in Amended Complaint

The American Lawyer

After getting a look at documents obtained by regulators in Massachusetts, lawyers for investors in the Fairfield Greenwich Group decided to include fraud charges in their suit against the Madoff feeder fund and its founders. In an amended complaint filed late Friday night in federal district court in Manhattan, investors added claims that Fairfield and its co-founders, Walter Noel, Jeffrey Tucker and Andrew Piedrahita, committed fraud when they funneled $7 billion to Bernard Madoff's investment firm.

Supreme Court Nixes Oral Argument on Police Interrogation Case

Legal Times

Last month, the Supreme Court expressed interest in re-examining Michigan v. Jackson, a major 1986 ruling on the Sixth Amendment right to counsel. On Monday, the Court indicated it wants to rule on the issue without hearing oral argument. The Court had asked for briefing on whether Jackson should be overturned in the context of Montejo v. Louisiana, a case argued in January. It's rare but not unprecedented for the Court to ask for supplemental briefing on a related issue in a pending case.

Class Action Certified Against Mercedes-Benz Over Emergency-Response System

New Jersey Law Journal

A New Jersey federal judge has certified a class action alleging that Mercedes-Benz sold cars equipped with an emergency-response system that the company knew would soon become obsolete. Senior District Judge Dickinson Debevoise ruled the plaintiffs suffered an ascertainable loss because they bought vehicles designed to last 20 or more years, while the Tele-Aid emergency system became useless after 2007, due to a change in FCC regulations. Debevoise estimated the class at more than 100,000 members.

Thomas and Breyer Discuss Supreme Court Clerk Diversity at Budget Hearing

Legal Times

A perennial topic at the Supreme Court's annual budget hearings has been the need to increase the number of minority clerks at the Court, and Justices Stephen Breyer and Clarence Thomas came prepared to address the issue at last week's hearing. Thomas said that even though he casts "a broad net" in his search, "there's not a plethora" of minority candidates to hire. But Breyer, who usually hires at least one or two minorities as clerks each year, said that he has no problem finding top minority candidates.

Trustee Seeks $65,000 Clawback From Law Student Suing Madoff's Brother

New York Law Journal

Andrew Samuels, the Brooklyn Law School student who sued Bernard Madoff's brother, Peter, claiming his $500,000 trust fund was drained in a massive Ponzi scheme, is among 223 individuals being targeted by the court-appointed trustee responsible for recovering $735 million from investors who unknowingly profited from the scheme. Samuels' lawyer wrote in reply that his client "has no liability to the Trustee" and called the demands "self-serving" and "sanctionable."

11th Circuit: Doctors Don't Trump State on Medicaid Care for Children With Disabilities

Fulton County Daily Report

The 11th Circuit has declared that treating doctors don't have the final say in how much nursing care the state must provide children with disabilities under Medicaid. Friday's ruling reversed a federal district judge's decision that had said the state must provide the amount of nursing care that a Georgia girl's doctor said she needs. The panel said that both the state and the girl's physician have roles in determining what is medically necessary, and that the doctor's word is "not dispositive."

Nationwide Class Action Reinstated Against Ford Motor Over Accelerator Pedals

The American Lawyer

The Oklahoma Supreme Court last week reinstated a nationwide class action against Ford Motor Co. and auto parts maker Williams Controls that contends that certain models of Ford Super Duty pickup trucks and Expedition SUVs contain faulty accelerator pedals. The case, which includes an estimated 300,000 to 500,000 class members, alleges breach of warranty, negligence and product liability. An attorney in the case said plaintiffs will be seeking $60 million to $100 million, depending on the final class size.

Lawyer, Socialite Astor's Son Stole Millions Intended for Charity, DA Says

New York Law Journal

In an opening statement lasting more than three hours, a New York prosecutor accused socialite Brooke Astor's son, Anthony Marshall, and a lawyer of "lining their own pockets" with $60 million that Astor had intended for her "crown jewels" -- charitable and cultural institutions such as the New York Public Library and the Metropolitan Museum of Art. The head of the Manhattan DA's elder abuse unit said Marshall and lawyer Francis X. Morrissey had "exploited" Astor's degraded mental capacity to "steal" millions.

'Secret' Sharon Stone Lawsuit Turns Out to Be Fees Matter

The Associated Press

A civil suit against actress Sharon Stone that had been conducted in secret turns out to be a dispute over legal fees that both sides wanted kept from public view. Court officials released the records Friday after media inquiries. Filed in November by an attorney seeking more than $107,000 in fees, the suit was never entered into public records after a Los Angeles Superior Court judge said she "inadvertently" sealed the entire file. Open-records advocates say the use of secret court dockets is a growing problem.

Caution Pays Off as Top 20 N.J. Firms Stay Profitable

New Jersey Law Journal

During 2008, a year that saw the national economy petering out, New Jersey's largest firms held their ground in terms of size, revenue and profitability. Continuing a trend of streamlining that was noticeable in 2007, firms in 2008 hired fewer new lawyers. Equity partnerships were also in retrenchment, indicating a circling of wagons to guard profits jealously. At the same time, 28 new nonequity partners were hatched within the top 20 largest New Jersey firms, a 6.2 percent increase over 2007.

As Enforcement Goes Global, So Do White-Collar Crime Lawyers

The National Law Journal

U.S. white-collar and securities defense lawyers are increasingly taking their shows on the road, defending and advising overseas clients as both the U.S. Securities and Exchange Commission and the U.S. Department of Justice adopt a more global prosecution approach. The upswing in cases and investigations against both foreigners and non-U.S. companies is also creating demand for U.S. legal and financial regulatory and compliance expertise.

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Ready to Litigate Through the Clouds?

Legal Times

Cloud computing is a potential mother lode of electronically stored information -- both in terms of discoverable data and legal issues. Lawyers should work hand-in-hand with IT and business resources to minimize risks without erasing the tremendous efficiencies of cloud litigation.

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Is Crime Victims Rights Law Being Misused in Environmental Cases?

The National Law Journal

To the chagrin of corporate defense lawyers, the 2004 Crime Victims Rights Act is increasingly turning up in the government's environmental prosecutions, with victims fighting to be heard, especially at sentencing. Defense lawyers argue that the statute is being used for unintended purposes. But victims' rights advocates counter that people hurt in catastrophes such as explosions or chemical spills deserve a seat at the table -- and a say in the punishment.

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Law Schools, Public Interest Agencies Deal With Consequences of Deferrals

The Legal Intelligencer

The cocktail of choice these days for many large law firms seems to be one part layoffs, one part summer program curtailment and one part deferral of start dates -- sometimes with a twist of salary cuts. Amy Montemarano, assistant dean of career and professional development at Drexel University's Earle Mack School of Law, says students are taking the deferrals in stride. Meanwhile, it may be the law school graduates who chose the public interest sector over law firm life who may be feeling the most threatened.

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