Legal Research

If you are already an online subscriber to the LAW.COM service you should be able to click on any of the links below, sign in, and access the full text of all articles listed. A subscription to LAW.COM is needed for online access to this service.

Pro-Business Ruling Likely in High Court Campaign Finance Case

The National Law Journal

A majority of the Supreme Court appeared poised Wednesday to reverse or limit a line of precedents that have allowed the government to ban corporate and union expenditures in election campaigns. After an extraordinary 90 minutes of oral argument, it seemed likely that the Court, swayed by arguments in favor of First Amendment rights for corporations, may embark on a new course that critics say could unleash a flood of corporate wealth into elections that are already awash in more regulated kinds of campaign spending.

SEC, Bank of America Differ on Merger Wrongdoing, but Back Bonus Pay Pact

New York Law Journal

While the U.S. Securities and Exchange Commission and Bank of America disagreed Wednesday over whether there was any wrongdoing in advance of BofA's takeover of Merrill Lynch, they also argued that New York federal Judge Jed S. Rakoff should approve the $33 million settlement over bonus pay to Merrill employees. Rakoff has held both sides' feet to the fire on the settlement because of unanswered questions over disclosure of the bonus plan and the role that attorneys for Bank of America might have played.

Sentences for Possession of Child Porn May Be Too High, Judges Say

The National Law Journal

Judges testifying before the U.S. Sentencing Commission in Chicago told the panel on Wednesday that the sentencing of people convicted for possession of child pornography, as opposed to its manufacture or commercial distribution, has become too severe and may need to be changed. Much of the discussion is centering on the impact of the Supreme Court's 2005 Booker decision, which made federal sentencing guidelines advisory rather than mandatory.

Latest Sonnenschein Layoffs Cut Partners, Too

The National Law Journal

In its third round of dismissals in the past 18 months, Sonnenschein Nath & Rosenthal has cut about 30 lawyers this month, including 10 income partners, according to sources familiar with the firm's cost cutting. The firm eliminated most of the attorney positions in the real estate and corporate practices areas, cutting those lawyers who have remained idle because of the ongoing slowdown in banking, capital markets, real estate development, and mergers and acquisitions, the sources said.

Tenet Wins 11th Circuit Appeal in RICO Case

The American Lawyer

The hospital chain operator Tenet Healthcare has dished out hundreds of millions of dollars to settle investigations and litigation related to allegations that it manipulated the Medicare billing system. But one group of plaintiffs that has not received any money is a collection of several thousand competing hospitals. And after an 11th Circuit decision that affirmed a summary judgment in favor of Tenet in a class action that sought damages of nearly $2 billion, it looks more doubtful that they will ever get any money.

Bryan Cave Sued Over Pricey Alleged Error in Prenuptial Agreement

The National Law Journal

A prominent St. Louis businessman has filed a legal malpractice suit against Bryan Cave, alleging that the firm botched his prenuptial agreement, causing him $10 million in losses tied in part to the appreciation of his high-profile modern art collection, which includes works by Jackson Pollock and Jasper Johns. Donald Bryant claimed that Bryan Cave partner Lawrence Brody failed to factor in the capital gains tax on the marital estate that Bryant shared with his former wife.

Pa. Judges in Corruption Scandal Indicted for Racketeering

The Legal Intelligencer

A federal grand jury has handed down a 48-count indictment against two former Luzerne County, Pa., judges, alleging the men engaged in racketeering and related charges, federal prosecutors announced Wednesday. The indictment comes about five weeks after a federal judge rejected the conditional plea agreements of Michael Conahan and Mark Ciavarella Jr. and two weeks after the men withdrew their conditional guilty pleas in the matter. Each charge is related to the judges' ties to two juvenile detention facilities.

Americans Like the U.S. Supreme Court, They Really Do

The American Lawyer

Considering the partisanship and mudslinging involved in approving a nominee to the U.S. Supreme Court, many people might find it surprising that most Americans think the high court is doing a fine job, and that the Court is neither too liberal nor too conservative. A new Gallup poll shows an approval rating that's among the most positive for the Court in the past decade. What's the reason for all the love?

Without GOP Support, Leahy Pushes for More Judges

The National Law Journal

Partisanship surrounding the federal judiciary briefly melted away during the last Congress when Democrats and Republicans supported a bill to increase the number of judgeships. This year, the polarization is back. Senate Judiciary Committee Chairman Patrick Leahy, D-Vt., introduced legislation Tuesday that would add nine permanent seats to the circuit courts and 38 to the district courts. The bill has 17 co-sponsors -- all Democrats. Last year, a similar bill from Leahy drew 21 co-sponsors, including six Republicans.

Drinker Biddle Makes Offers to Two-Thirds of Summer Class

The Legal Intelligencer

Smaller summer associate classes haven't brought an increased offer rate this year as firms try to balance a drop in work and attrition rates with the number of incoming associates. Drinker Biddle & Reath has a higher percentage offer rate this year than many of its counterparts, but the rate has dropped for the firm compared to 2008, along with its class size. The firm gave offers to about 68 percent, or 25, of the 37 2L summer associates it had firmwide in 2009.

Going With Plan B: Pfizer GC No Longer Oversees Compliance

Corporate Counsel

Pfizer's GC will no longer oversee the company's compliance program, under the terms of a $2.3 billion settlement agreement resolving allegations that Pfizer's executives and sales staff illegally marketed Bextra and several other drugs. Instead, the chief compliance officer at the world's largest drug maker will report directly to the CEO. The move is required by Pfizer's corporate integrity agreement, an administrative alternative to excluding Pfizer from participating in federal health care programs.

Merger Talks End Between Ice Miller and Greenebaum Doll

The American Lawyer

After nine months of negotiations, the 258-lawyer Ice Miller called off a planned merger with Kentucky's Greenebaum Doll, reports the Indianapolis Business Journal. An unnamed source at Greenebaum told the paper the firm's partners were concerned that a merger with a larger rival would result in higher billing rates at a time when clients are cutting their legal budgets.

Tolkien Estate, New Line Settle Lawsuit Over 'Lord of the Rings' Films

The Associated Press

The heirs of J.R.R. Tolkien and a movie studio that produced "The Lord of the Rings" blockbuster trilogy have settled a lawsuit over the films' profits, clearing the way for a prequel based on Tolkien's novel "The Hobbit." Tolkien's heirs had sought to rescind New Line Cinema's rights to make films based on the book, claiming the studio owed them millions in profits from the trilogy, which earned an estimated $6 billion. One of the main beneficiaries of the settlement is The Tolkien Trust, a British charity.

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.

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.

Copyright 2009. Incisive Media US Properties, LLC. All rights reserved.