Legal Research

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Chadbourne Challenges Tribune Co. Fee Examiner's Call

The American Lawyer

Stuart Maue, the company serving as the court-appointed fee examiner in the Tribune Co. bankruptcy case, is being so thorough that Chadbourne & Parke -- counsel for the creditors committee -- is taking the rare step of challenging the fee examiner's call to cut $13,639 from the firm's $1.68 million fee request. The dispute highlights the growing importance of fee oversight, a practice which is not outlined specifically in the federal bankruptcy code and varies wildly between courts and judges.

Attorneys Fight Plaintiffs Counsel's $195 Million Fee Request

New York Law Journal

Objections have been filed to a $195 million fee request from plaintiffs attorneys who achieved a $586 million settlement in a massive federal initial public offering litigation. In papers filed Tuesday by counsel for objectors, four attorneys argue the request for $195 million is "outrageous" and say that "a fee of 33.33 percent is not permissible in a mega-fund case like this." The objectors also argue against $50 million in expenses sought by the plaintiffs firms.

Wage-and-Hour Complaints Head for a Company Near You

The National Law Journal

Already battling a rash of private lawsuits, employers are bracing for yet more scrutiny over their pay practices in light of a new report that shows wage-and-hour violations are running rampant in the workplace. The report is just one blow to employers as the U.S. Department of Labor has recently announced that it is hiring 250 additional investigators to snare wage-and-hour scofflaws. According to this latest report, there are plenty of them.

New York Attorney General Seeks to Question BofA Lawyers on Merger

New York Law Journal

New York AG Andrew Cuomo has asked Bank of America to allow his office to question the institution's lawyers in a probe of its merger with Merrill Lynch. The request comes at a time of scrutiny into the involvement of the bank's lawyers in Merrill Lynch's decision to issue $3.6 billion in bonus payments on the eve of the merger. In a letter, Cuomo's office said it cannot adequately explore whether to bring charges against BofA officers because of the bank's "indiscriminate invocation of the attorney-client privilege."

Law Student Settles Suit Against Madoff's Brother

New York Law Journal

New York law student Andrew Samuels, who sued Bernard Madoff's brother for depleting his trust fund in a multibillion-dollar Ponzi scheme, has settled for less than his original claim, according to his attorney, Steven Schlesinger of Jaspan Schlesinger. Samuels sued Peter Madoff for depleting Samuels' $475,000 trust fund by paying out "fictitious returns" to other investors in the scam. Schlesinger declined to provide a specific amount, but said the settlement was for less than the $475,000 sought.

Former SG Garre Joins Latham as Appellate Practice Chair

The National Law Journal

Gregory Garre, who was deputy solicitor general and then briefly solicitor general at the end of the Bush administration, has begun work as chair of Latham & Watkins' Supreme Court and appellate practice group in the firm's Washington, D.C., office. He will take over that role from Maureen Mahoney, who has headed the 70-lawyer appellate practice for two decades. Garre called joining Latham & Watkins a "remarkable" opportunity.

Will Bennett's Departure Hurt Skadden Arps?

The National Law Journal

Robert Bennett's decision to leave Skadden, Arps, Slate, Meagher & Flom after two decades of generating headlines sounds like bad news for one of Washington's highest-grossing law offices. But lawyers are split over whether the loss will have much of an impact. Bennett, whose list of past clients reads like a history of political scandal, is planning to move to Hogan & Hartson after a partnership vote this week, the Washington-based firm announced on Sept. 3.

Sotomayor Takes Her Seat on Supreme Court

The National Law Journal

With President Barack Obama and Vice President Joe Biden watching, new Supreme Court Justice Sonia Sotomayor formally took her seat on the Court on Tuesday afternoon as Chief Justice John Roberts Jr. wished her a "long and happy career in our common calling." A beaming Sotomayor was joined in the courtroom by family, friends and a star-studded list of legal heavyweights, including her predecessor, David Souter.

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.

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.

Court Lays Down Law on Jury Internet Use

The Recorder

A new rule proposed by San Francisco Superior Court would remind potential jurors not to blog, Tweet or conduct Internet research about cases. The need for the rule became clear to the court during a jury selection in a criminal trial, when an entire panel of 600 jurors had to be excused.

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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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Law Firm Diversity Initiatives Should Go Beyond Hiring

The Connecticut Law Tribune

Leaders of several Connecticut law firms agree that proving a firm's commitment to diversity can be challenging when hiring is slow. But firms are still reaching out to connect with minority law students and potential lateral hires, and looking inward for ways to retain the minority professionals already on staff. "If diversity doesn't go more broadly than simply hiring, then your firm hasn't made a real commitment to diversity," says Lee Hoffman, Pullman & Comley's hiring partner and diversity committee member.

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