Legal Research

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9th Circuit Blasts Feds for Post-9/11 Detention of 'Material Witness'

The Recorder

A 9th Circuit panel on Friday denounced the federal government's post-9/11 practice of detaining innocent Americans under the federal material witness statute as "repugnant" and "a painful reminder of some of the most ignominious chapters of our national history." In allowing Abdullah al-Kidd's lawsuit against former Attorney General John Ashcroft to proceed, the panel held that al-Kidd's Fourth Amendment rights were violated when he was arrested and imprisoned without charges.

Lots of Buzz Over High Court Campaign Finance Case, but Does FEC Have a Shot?

The National Law Journal

All the atmospherics about the extraordinary oral argument on campaign finance reform at the Supreme Court this week scream "landmark!" The uniqueness of a September sitting. The first time new Justice Sonia Sotomayor will be on the bench at argument. The debut of Solicitor General Elena Kagan, matched up with other titans of the Supreme Court bar. But for the packed crowd of spectators, when will it be clear whether the case being argued, Citizens United v. Federal Election Commission, really is a big deal?

High-Stakes Tax Dispute May Spell Solo's Second Trip to U.S. Supreme Court

Fulton County Daily Report

An Atlanta solo practitioner may get his second trip to the U.S. Supreme Court to defend a victory he won at the Supreme Court of Kentucky that is potentially worth more than $212 million. Last year, C. Christopher Trower was a Supreme Court novice when he won the Kentucky government's fight over the taxation of municipal bonds. Both he and his opposing counsel in the latest case say there are good reasons for the nation's highest court to take up the latest Kentucky tax case, too.

In Revealing New Memoir, a Friend Remembers Rehnquist

The National Law Journal

A soon-to-be-published memoir by a friend of the late Chief Justice William Rehnquist offers a revealing personal glimpse of the justice's later years, including his handling of the impeachment trial of President Bill Clinton in 1999 and the Bush v. Gore case of 2000. Herman Obermayer's book also offers the first public account of Rehnquist's battle with thyroid cancer and suggests that, until late July 2005, the justice fervently believed he would survive and be able to remain on the Court.

SEC Could Hold Key for Former Brocade CEO in Backdating Case

The Recorder

From the day former Brocade Communications CEO Gregory Reyes faced backdating charges, the Justice Department and the SEC never seemed to see the case the same way. Prosecutors focused on Reyes, offering immunity to his finance officers, while the SEC saw broader culpability. Now those agencies will have to reconcile their approaches to the case, as Reyes' lawyers hope a tough SEC settlement will help forestall another criminal trial.

Supreme Court Opens Up to C-SPAN

The National Law Journal

A new justice joining the Supreme Court is something of a mixed blessing, it turns out. While Chief Justice John Roberts Jr. called it "an exciting part of life at the Court," Justice Clarence Thomas noted, "You have to start all over; the chemistry is different." Justice Anthony Kennedy added, "It's stressful for us, because we so admire our colleagues." These comments and more will be aired on C-SPAN as part of a series that resulted from unusual access to the Court and to the justices for the cable channel.

Legal Sector Loses 100 Jobs in August

The American Lawyer

While the U.S. economy shed another 216,000 jobs in August, the legal sector lost only 100 jobs during the month, according to figures released Friday by the Bureau of Labor Statistics. The numbers are seasonally adjusted. When not seasonally adjusted, the legal sector lost 11,000 jobs -- presumably because of the flow of summer associates back to law schools. Most striking to the The Am Law Daily: the increasingly fuzzy numbers law firms have been offering when asked about job cuts.

Judge Recuses Himself From Multibillion-Dollar Chevron Case

The Associated Press

The Ecuadorean judge presiding over a $27 billion environmental lawsuit against Chevron recused himself Friday amid an investigation into allegations of wrongdoing. Earlier in the week, Chevron released three video recordings in which Judge Juan Evangelista Nunez allegedly told two businessmen -- an Ecuadorean with ties to Chevron and an American businessman -- that he had already made up his mind to rule against the company. Nunez denies the allegations and says the tape was "edited and manipulated."

Dish Network to Pay TiVo $200 Million for Injunction Violation

The Associated Press

A federal judge on Friday ordered Dish Network and sister firm EchoStar to pay TiVo about $200 million for violating a permanent injunction on using a modified technology that can rewind and pause live TV. Judge David Folsom of the U.S. District Court in the Eastern District of Texas awarded DVR maker TiVo $110 million in damages and $90 million in sanctions, plus attorney fees. Folsom said Dish will be on the hook for more sanctions if it loses on an appeal of the case.

Kirkland & Ellis Lays Off Associates in New York, D.C.

New York Law Journal

Kirkland & Ellis laid off more than 20 associates in New York on Wednesday, a source has confirmed. Associates were also let go in Washington, D.C. The cuts, which followed the firm's annual performance review period, were larger in number than last year, in part for economic reasons.

Ticket-Fixing Charge Dropped Against N.J. Judge

New Jersey Law Journal

Irwin Rosen, one of four New Jersey judges accused of official misconduct in a 2007 ticket-fixing scandal, was exonerated last week when the state asked that his charge be dismissed. Rosen had been charged with third-degree official misconduct for allegedly dismissing his own $42 parking ticket and had faced a possible five-year prison term. The scandal rocked Jersey City's Municipal Court, depleted its 11-judge bench and led the state judiciary to issue new strictures governing traffic and parking citations.

2nd Circuit Upholds Fee Award but Remands for Recalculation

New York Law Journal

A finding of "subjective bad faith" is not a prerequisite for an award of attorney fees in a dismissed market manipulation case subject to a 1995 law designed to curb frivolous securities claims, a unanimous 2nd Circuit panel has ruled. However, while upholding a district court judge's finding that the defendants were entitled to a fee award, the panel found that, in the absence of a bad faith finding, the judge nevertheless had to re-examine his award of nearly $70,000 to determine if it was reasonable.

Ex-Employee's Suit Tests if Labor Firm's Arbitration Agreements Are Ironclad

New Jersey Law Journal

Littler Mendelson, a national firm whose Web site proclaims it as a source for "Employment and Labor Law Solutions Worldwide," is having its mettle tested in a suit by former employee Emma Preston. The threshold question is whether the firm can compel arbitration based on agreements it says bind all employees suing the firm. Preston's lawyer says Littler's expertise in employment law resulted in a greater disparity in bargaining position and a "heightened responsibility" to ensure that any waiver of rights is fair.

Embattled Art Dealer Adds Another Lawsuit to Its Collection

The National Law Journal

A Michigan-based art gallery has a not-so-flattering exhibit that keeps growing: a collection of lawsuits. Park West Gallery, which bills itself as one of the world's largest art dealers, is facing several class actions and one individual suit from consumers alleging they were duped into buying phony art during auctions aboard various cruise lines. Now, Park West faces a seventh lawsuit, this one accusing it of defamation of a company that is investigating the gallery for alleged deceptive practices.

Combining '33 and '34 Securities Act Plaintiffs in the Same Class

Special to Law.com

In an opinion of interest to plaintiffs and defense counsel, the 2nd Circuit has ruled that plaintiffs suing under the Securities Act of 1933 and the Securities Exchange Act of 1934 may co-exist within the same plaintiff class even if the allegations of misrepresentation underlying the claims differ. The decision bears close consideration by counsel in class actions in which '33 act and '34 act claims may be asserted, say attorneys David Saunders and Howard Suskin, who analyze the likely effects of the ruling.

Commentary: Linux at Law

Special to Law.com

After 23 years in a midsize firm, Steven A. Reisler decided to go solo and run his practice with free and open source software. For a penguin-sized law firm, hanging out a shingle with Linux proved to be a smart, relatively painless, efficient and cost-effective way to practice law.

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Older but Wiser: Acing the Interview

Special to Law.com

Interview basics are essentially the same whether you are a new lawyer or one with years of experience under your belt. There are some tips to keep in mind, however, to highlight what you have to offer while alleviating any concerns a prospective employer might have about hiring a more senior candidate. Consultants Valerie Fontaine and Roberta Kass discuss some of the steps you can take so you can make a great first impression -- and then can continue to impress throughout your interview.

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