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Depression Among Attorneys Rises as Economy Sinks

The National Law Journal

Lawyer assistance programs for depression and substance abuse are reporting that laid-off attorneys, struggling solo practitioners, third-year law students without jobs lined up and others have been reaching out for help more than ever before. Lawyers with pre-existing problems are being pushed over the edge by the added stress of the slow economy, they said. The pressure was underscored by the apparent suicide on Thursday of Kilpatrick Stockton attorney Mark Levy, who reportedly had been laid off from the firm.

Attorney General Promises Judges a New Day at DOJ

The National Law Journal

In his first confab with the nation's chief federal district judges, Attorney General Eric Holder Jr. pledged to raise the bar of professionalism in the Justice Department, acknowledging that current procedure for reviewing complaints against attorneys was too slow and opaque. Holder's words held the promise of reform for the approximately 90 judges attending the annual meeting as discovery abuses and other prosecutorial misconduct have come under increased scrutiny in the aftermath of the Ted Stevens case.

Don't Bet Against Boies Schiller

The American Lawyer

Boies, Schiller & Flexner's risk management strategy seems built for these economic times. The firm takes a big chunk of cases on contingency, and one big bet -- representing American Express in an antitrust case on partial contingency -- helped the firm crack The Am Law 100 for the first time. While 27 firms saw zero or negative growth in revenue in 2008, Boies Schiller's revenues increased 18 percent, to $295 million, and its $3 million in profits per partner were the third-highest on the list.

Expelled Student's ADA Claim Against Law School Can Proceed

The National Law Journal

A Massachusetts federal judge recently ruled that an ADA claim can move forward in a lawsuit against New England Law | Boston for expelling a student with learning disabilities who failed two courses. According to court papers, the plaintiff was expelled after failing the courses in 2005, but later learned from medical testing that his "memory and organizational deficits" likely stemmed from an accident in the 1980s.

Conservatives Back Spurned Judicial Candidate for Senate Judiciary Committee

The Associated Press

Conservatives are rallying behind Sen. Jeff Sessions of Alabama to be the top Republican on the Senate Judiciary Committee as the resignation of Supreme Court Justice David Souter adds new urgency to the post. Sessions, a hard-line conservative whose 1986 nomination for a federal judgeship was rejected by the Senate, appears to be in line for the job since the previous ranking member, Sen. Arlen Specter of Pennsylvania, left the GOP to become a Democrat. Ironically, Specter helped seal Sessions' 1986 defeat.

Report: Securities Litigation Surges in First Quarter of 2009

The American Lawyer

Securities litigation is on the rise, as detailed in a new report, which shows that 169 securities cases were filed in the first quarter of this year, up from 125 during the fourth quarter of 2008 and 134 from the same period a year ago. Securities litigators have Bernard Madoff and the subprime crisis to thank for the uptick, according to the authors of the study.

Lawyer Who Failed to Follow Billing Rules Forfeits Fees, Judge Concludes

New York Law Journal

A Long Island, N.Y., matrimonial attorney who did not bill her client at the requisite intervals cannot collect claimed legal fees, a New York state judge has ruled. Attorney Charlene K. Verkowitz, appearing pro se, argued that she had substantially complied with rules requiring matrimonial lawyers to provide written, itemized bills at least every 60 days. But Judge William R. LaMarca disagreed, noting that since Verkowitz had not "follow[ed] the rules," she had to forfeit her fees.

High Court: Shell Not at Fault in Superfund Cleanup

The Associated Press

The Supreme Court says Shell Oil Co. cannot be held responsible for cleanup of a contaminated Superfund site owned by a defunct company simply because it delivered chemicals to the site. The Court, in an 8-1 decision Monday, also decided that railroad companies that leased the company part of the land would have to pay for a small part of the cleanup. Justice John Paul Stevens said that Shell's "mere knowledge" of chemical spills and leaks was insufficient grounds to hold Shell responsible for cleanup costs.

Supreme Court Sends Janet Jackson 'Wardrobe Malfunction' Case Back for Review

The Associated Press

The Supreme Court on Monday ordered the 3rd Circuit to re-examine its ruling in favor of CBS Corp. and consider reinstating the $550,000 fine that the Federal Communications Commission imposed on CBS over entertainer Janet Jackson's breast-baring performance at the 2004 Super Bowl. The order follows the high court ruling last week that narrowly upheld the FCC's policy threatening fines against even one-time uses of curse words on live television.

High Court to Review Life Sentences for Young Offenders

The Associated Press

The Supreme Court on Monday announced that it will decide whether sentencing juveniles to spend the rest of their lives in prison without hope of ever being released can be considered cruel and unusual punishment. The justices are taking up two cases from Florida challenging life sentences for teenagers. The Court in 2005 outlawed the death penalty for juvenile criminals, declaring there was a national consensus that such executions were unconstitutionally cruel.

Court Says Provision to Split Arbitration Fees Violates Public Policy

New York Law Journal

A New York appeals court has refused to enforce as "violative of public policy" an agreed-upon provision requiring parties to an arbitration to split the costs. The ruling allows a saleswoman who was fired after six years at an investment bank to take her discrimination claims to arbitration without having to front the cost of compensating the arbitrator. Lorraine C. Brady said she was unable to shoulder her $21,150 share of the arbitrator's bill because she had been unemployed since her firing 18 months earlier.

Obama Calling Senators for Input on Souter's Seat

The National Law Journal

President Barack Obama has not interviewed any candidates yet, but he has begun calling senators to get their input on replacing Supreme Court Justice David Souter, White House Press Secretary Robert Gibbs said Monday. Gibbs said that Obama spent part of Monday calling two senior members of the Senate Judiciary Committee, Sen. Orrin Hatch and Sen. Arlen Specter. Gibbs declined to provide details about Obama's thinking so far, largely deflecting questions about ethnicity and age of potential nominees.

Home Buyers' Suit Seeks to Bar Overcharges by Title Insurers

New Jersey Law Journal

Plaintiffs in a consumer fraud class action are trying to convince a New Jersey federal judge to enjoin a dozen title insurance companies from overcharging home buyers on recording fees. The defendants, which include such well-known names as Fidelity National Title Insurance, Chicago Title Insurance and Lawyers Title Insurance, have moved to dismiss on various grounds, including the failure to also sue the settlement agents they argue are necessary parties to the litigation.

Technology Improves Financial Analysis

Legal Tech Newsletter

Having outgrown the labor-intensive ways of creating budgets and monitoring the law firm's performance, Sonnenschein decided to update its financial planning and analysis processes from Hyperion software to new technology based on Microsoft Business Intelligence.

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Swine Flu Fears Have Lawyers Eyeing Employer Protocols

Daily Business Review

The fervor over the swine flu is contagious, and the legal community is not immune. Lawyers say employers want to know what they can do within the law to contain the swine flu if it strikes their workplaces. Attorneys for workers say lawmakers need to adopt protections for parents who might miss work because of school closures or a child's illness. Even if the swine flu proves to be a false threat, it has given companies a chance to review their contingency plans for other crises, says one employment lawyer.

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Downturn May Have an Upside for Contract Attorneys

The National Law Journal

For some contract lawyers, work is synonymous with being a galley slave, performing grunt jobs in stuffy basements or offices far removed from meaningful contact with other legal professionals. But the economic turmoil has stirred up positive changes to traditional contract services, creating some new twists on the temporary attorney industry. There appear to be some new opportunities for contract lawyers, particularly those with an entrepreneurial bent and an eye for an unfulfilled niche.

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