Legal Research

Specter Proposes Return to Prior Pleading Standard

The National Law Journal

Congress is preparing to wade into the growing debate over the pleading standard for civil lawsuits, after two recent Supreme Court decisions effectively upended longstanding precedent. Sen. Arlen Specter filed legislation Wednesday designed to return the rule to what it was prior to the two rulings, which raised the standard that pleaders must meet to avoid having their cases quickly tossed. If considered, the bill would likely be a lightning rod for debate among plaintiffs lawyers, consumer groups and businesses.

Hacker Can Be Sued for Fraud Under Securities Exchange Act, Says 2nd Circuit

New York Law Journal

A man who hacked into a computer network to gain advance information about a company's financial reports can be sued for fraud under the Securities Exchange Act of 1934 even though he owed no fiduciary duty to the company, the 2nd U.S. Circuit Court of Appeals has ruled. The circuit said there is nothing in the case law that "expressly imposes a fiduciary-duty requirement on the ordinary meaning of 'deceptive' where the alleged fraud is an affirmative misrepresentation rather than a nondisclosure."

Attorney Misconduct, IP Litigation Among Resolution Topics at ABA Meeting

The National Law Journal

When the American Bar Association meets in Chicago next week, its House of Delegates will consider resolutions on a wide range of topics, from attorney misconduct to intellectual property litigation to pro bono conflicts of interest. The proposals will be considered during the last two days of the annual meeting, which runs from July 30 to Aug. 4.

After Brief Respite, More Layoffs at Dechert

The Legal Intelligencer

Just when the legal community moved on to tracking the demise of next year's summer associate programs, Dechert went back to some cost-cutting measures the Philadelphia legal community hasn't seen in significant numbers in months: layoffs. The firm continued to make staff and attorney cuts, laying off partner-track and staff associates as well as paralegals on Thursday.

Quinn Emanuel Defers Some Calif. First-Years

The Recorder

Quinn Emanuel has deferred eight incoming associates in its San Francisco and Silicon Valley offices until January, firm Chairman John Quinn said Wednesday. The deferrals affect half the incoming class in the Northern California offices, hitting the associates just two months before they were slated to start. None of the firm's five other offices are affected, Quinn told The Recorder in an e-mail Wednesday.

Lawyer Disbarred for Misconduct -- as a Juror

The Recorder

The California Supreme Court on Wednesday officially disbarred San Francisco solo Francis Fahy for changing his vote while on a jury for a medical malpractice trial. It turns out that Fahy wanted to break the deadlock so he could get back to his law practice -- something he eventually admitted in a signed declaration. He's believed to be the first California lawyer to be disbarred for misbehaving as a juror.

Attorney Wins False Arrest Suit Against State of New York

New York Law Journal

A lawyer who was arrested in a Queens courtroom after calling a court officer an obscene name has successfully sued New York state for false arrest. Solo practitioner Joseph A. DePaula and court officer Charles Rey agree that Rey confiscated DePaula's phone and that DePaula used an expletive in referring to Rey -- but beyond that, their recollections of the incident diverge.

From $500 Million DOJ Settlement, Only $211,000 Goes to Whistleblower's Lawyers

The American Lawyer

Given this week's news that the Justice Department has entered into a whistleblower settlement with the state and city of New York worth more than $500 million, one might assume that a qui tam lawyer is celebrating a whopper of a payday. But that doesn't appear to be so. New York state has agreed to pay $210,950 in attorney fees and costs to the whistleblower's lawyers. The bill is low because Hedy Cirrincione originally filed her suits pro se, says attorney David Koenigsberg of Menz Bonner & Komar.

Wal-Mart to Pay up to $35 Million Over Work Breaks; Plaintiffs Lawyers to Get $10 Million

The Associated Press

Wal-Mart Stores Inc. has agreed to pay up to $35 million to settle a class action lawsuit brought on behalf of 88,000 workers at Washington state stores who were forced to skip meal and rest breaks or work off the clock. The retailer and lawyers for the workers jointly announced Wednesday that a judge has given final approval to the deal. Plaintiffs lawyers will receive $10.5 million to cover eight years of legal fees.

Former Milbank Chairman to Testify as Wills Expert in Astor Trial

New York Law Journal

Three months into the criminal trial of socialite Brooke Astor's son and the lawyer he hired who allegedly helped him loot his mother's estate, the presiding judge has cleared the way for former Milbank Chairman Alexander Forger to give expert testimony for the prosecution on the "patterns" of Astor's wills and codicils and the "professional practice standards" for trusts and estates attorneys. However, the judge barred Forger from testifying on some issues that could prove critical to the prosecution's case.

3rd Circuit Rejects Certification in UPS Discrimination Case

The Legal Intelligencer

The 3rd Circuit has reversed a district court's certification of a nationwide class of employees alleging unlawful discrimination by United Parcel Service. Remanding the case, the panel said the district court improperly certified the class to bring a pattern-or-practice discrimination suit under Title I of the Americans with Disabilities Act because it failed to consider whether the class members were qualified under the ADA. Visiting former U.S. Supreme Court Justice Sandra Day O'Connor sat on the 3rd Circuit panel.

Family Sues McDonald's, Claims Foodborne Illness

The Associated Press

An Illinois couple sued McDonald's on Thursday, claiming their son was hospitalized for four days after eating at one of the chain's restaurants in northwestern Illinois. Dennis and Lisa Mrasak's lawsuit is the first to be filed on behalf of a McDonald's patron sickened in a recent hepatitis A outbreak. A separate lawsuit was filed Tuesday by a man who got preventive shots after eating at the same McDonald's. Attorneys are seeking class action status in that case.

What's German for 'Data Security'?

Corporate Counsel

International regulation of data security grows ever more complex, with penalties for noncompliance varying from civil fines to jail time. With ever-changing rules on security and control of data, it may seem impossible to keep up, but that's not true -- it just takes a lot of work.

Visit Legal Technology

Innovative Pro Bono Program Assists Microfinance Projects Around the World

Corporate Counsel

While working at one of the biggest financial institutions in the world, Kimberly Summe was thinking small. Last year, as a lawyer at Lehman Brothers, Summe developed an idea for a pro bono program that would assist microfinance projects around the globe that provide small loans to entrepreneurs in developing nations. Even as Lehman collapsed last fall, Summe managed to launch Paladin Connect, which now provides free legal help to more than a dozen microfinance groups from Bangladesh to Bosnia.

Visit In-House Counsel

Law School Career Centers Adjust in Bad Market

The Recorder

Law school career services offices are responding to the anemic job market by adding a hire or two, paying more attention to markets outside their home turf and serving up more tailored advice. The efforts are driven by growing demand from students as well as alumni, career professionals say. Susan Robinson, associate dean for career services at Stanford Law School, said her office is encouraging students to come in for more one-on-one guidance. "In this market, it can be hard to give generalized advice," she said.

Visit the Career Center

Law.com®

120 Broadway, 5th Floor, New York, NY 10271-1101 (877) 256-CIRC

Customer Service Phone: (877) 256-CIRC