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Justice Ginsburg Stays Chrysler Sale, For Now

The National Law Journal

Supreme Court Justice Ruth Bader Ginsburg has temporarily stayed the sale of Chrysler LLC to a group led by Fiat. But her action appears to be only a brief hold meant to stop the clock as a 4 p.m. deadline for high court action on Monday came and went. Over the weekend, three separate parties filed significant challenges to the sale, in the wake of a decision on Friday by a panel of the 2nd U.S. Circuit Court of Appeals upholding the sale of the automaker's assets.

Twitter Says It Will Fight La Russa Suit Over Fake Tweets

The Recorder

The first celebrity lawsuit against Twitter came and went as fast as a tweet -- or did it? St. Louis Cardinals manager Tony La Russa said Friday that he'd settled his suit against Twitter over a snarky impersonator on the microblogging site. But Twitter now says there was no deal, and plans to fight the case in court. The sudden change in legal strategy shows that the young, popular and still-unblemished-by-litigation start-up reconsidered the implications of settling early, observers say.

Justices to Weigh Constitutionality of Controversial Bankruptcy Reform Act

The National Law Journal

The Supreme Court has agreed to resolve a long-simmering debate over the constitutionality of provisions in the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 that include lawyers as "debt relief agencies" and restrict the advice they can give to clients. The Obama administration is challenging an 8th Circuit ruling that struck down a provision prohibiting debt relief agencies from advising consumer clients "to incur any additional debt when the assisted person is contemplating bankruptcy."

â?¢ See also: Supreme Court Issues Landmark Ruling on Judicial Recusal

Shell Agrees to $15.5 Million Settlement in Nigeria Case

New York Law Journal

On the eve of trial, Royal Dutch Shell on Monday agreed to pay $15.5 million to settle claims that the company, a subsidiary and the head of the company's Nigerian operations were complicit in the 1995 abuse and hanging of writer Ken Saro-Wiwa and other activists protesting the environmental impact of oil drilling in the Ogoni region of the Niger Delta. The funds will compensate the 10 individual plaintiffs; set up a trust intended to benefit the Ogoni people; and cover part of plaintiffs' legal fees and costs.

Bill Giving FDA Control Over Tobacco Advances in Senate

The Associated Press

A key Senate vote Monday put Congress in sight of fulfilling a decade-old quest to put the content and marketing of tobacco products under the control of the federal government. The legislation would for the first time give the Food and Drug Administration legal authority to regulate cigarettes and other tobacco products. Similar measures have passed the House in recent years, but did not survive strong opposition from industry and the George W. Bush administration.

Shartsis, JP Morgan Go Toe-to-Toe Over Funding Fiasco

The Recorder

Shartsis Friese squared off against JP Morgan Retirement Services in court Monday over who was responsible for six years of miscalculated contributions to the firm's deferred compensation and profit-sharing plan. The firm says its plan contributions didn't meet IRS rules because of bad advice from its benefits consultant at CCA Strategies, since acquired by JP Morgan. The counsel for JP Morgan says she'll prove that Shartsis Friese's "very informal, loose structure" led the law firm to make the funding error.

Judge Tosses Much of Campaign Contributions Case Against Katrina Lawyer

The National Law Journal

A federal judge in Los Angeles has tossed a substantial portion of a criminal case against Pierce O'Donnell, the lead attorney representing Hurricane Katrina victims in litigation against the U.S. Army Corps of Engineers. On Monday, the judge granted O'Donnell's motion to dismiss charges that he allegedly reimbursed employees of his law firm and others for giving $26,000 in campaign contributions to a committee supporting a presidential candidate, believed to be former Sen. John Edwards, D-N.C.

Supreme Court Says Iraq Can't Be Held Liable for Actions of Saddam Hussein's Regime

The Associated Press

Iraq's current government cannot be sued for the actions of Saddam Hussein's regime, the U.S. Supreme Court said Monday as it threw out lawsuits filed by Americans who were held by the government of the now-deceased dictator. Foreign nations usually are immune from lawsuits in U.S. courts, but federal law strips that protection from countries that support terrorism. The Iraqi government argued that the U.S.-led invasion that deposed Saddam and a 2003 federal law restored Iraq's immunity to suits in American courts.

Pioneering Mass Torts Judge Offers Impassioned, but Rueful, Defense of Personal Injury Class Actions

The American Lawyer

No one knows mass torts like Brooklyn federal Judge Jack Weinstein. In more than 40 years on the bench, he has presided over pioneering asbestos, tobacco and gun cases, shaping the progress of litigation involving products that harmed millions. But in a provocative article in the Cardozo Law Review's online companion journal, Weinstein expresses his fear that mass tort litigation will not bring justice to the injured because of the judiciary's disregard for his favored vehicle, the class action.

For a Change, Intel Gets Some Good Litigation News

The American Lawyer

After last month's disastrous $1.45 billion European Commission fine against Intel for antitrust violations, the chipmaker could use some cheering up. The company may find some solace in last week's ruling by a Delaware federal judge, who threw out a shareholder derivative suit against Intel's board of directors. The suit alleged that Intel directors failed to prevent the company from committing anti-competitive practices to monopolize the market for microprocessor chips.

N.Y. Businessman Pleads Guilty in Multimillion-Dollar Ponzi Scheme

The Associated Press

An 82-year-old New York businessman who targeted Catholics and retirees for a multimillion-dollar Ponzi scheme pleaded guilty Monday to charges that will leave him penniless and likely in prison for the rest of his life. Richard Piccoli's federal court hearing had to be moved to a larger courtroom to accommodate 150 victims on hand to hear the plea, among them priests and nuns and other investors who considered Piccoli a friend. Investigators say losses may total $20 million to $25 million.

Federal Judge Dismisses Suit Over Community Service Death

The Legal Intelligencer

The widow of a man who died of a heart attack while performing court-ordered community service on the day of an excessive heat warning has lost her civil rights suit that accused county officials of ignoring her husband's obvious medical risks. The judge concluded that no jury could ever find liability under the "state-created danger" theory because the evidence showed that David Marvel had volunteered to do construction work and had never asked for light-duty work to accommodate his heart condition.

Clifford Chance to Boost India Ties With Mumbai Partner Switch

Legal Week

Clifford Chance is gearing up to relocate London banking partner Chris Wyman to Mumbai in a bid to tighten its links with Indian alliance firm AZB & Partners. Wyman will be seconded to AZB for an unconfirmed period of time in an effort to strengthen the relationship between the two firms. Clifford Chance and AZB agreed to sign a formal alliance at the start of the year, referring work to each other on a non-exclusive basis.

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Wanted: Lawyers Who've Got Game

The American Lawyer

While the economic malaise may be starting to take a slight toll on the video game industry, overall the sector remains robust. And as game developers get more active in bringing their creations to market, there's more and more work for lawyers who are equipped to say "Game On."

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GCs, Law Firms and Flat Fee Arrangements: A Matter of Trust

The American Lawyer

Tom Sager, GC for E. I. du Pont de Nemours, likes alternative fee arrangements, and he's made sure his outside counsel know it. With the economic downturn forcing cost cutting across America, Sager's not alone. Making such agreements work for both the company and its law firms takes more than an innovative proposal and a solid pitch. The success of any alternative fee arrangement depends on mutual trust, said lawyers from DuPont's legal network who attended a conference last week hosted by the company.

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Goodbye, Economy -- Hello, Balance?

The American Lawyer

Among the concerns brought on by the failing economy, a healthy work/life balance for lawyers ranks down at the bottom of the list. But even though it may seem counterintuitive, flexibility and balance-oriented policies are tools that can actually help law firms during this recession, says attorney Denise Howell. In fact, consultant Deborah Epstein Henry has even coined a new phrase, "balanomics," to talk with law firms about the economic benefits of forgoing layoffs in favor of reduced hours.

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