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2nd Circuit: Employer May Be Held Liable for Contractor Age Bias

New York Law Journal

An employer may be held liable for discrimination by third parties authorized by the employer to make hiring decisions on its behalf, a federal appeals court held last week. Clarifying its case law, the 2nd Circuit reversed a lower court judge who had granted summary judgment to an employer under the Age Discrimination in Employment Act. The ruling stems from a case in which an independent contractor allegedly told a job applicant he was "too old" for the job.

Fosamax Plaintiffs Lawyer: Mistrial a 'Shock' to Merck

The American Lawyer

To those tracking the first product liability trial accusing Merck's osteoporosis drug Fosamax of causing debilitating jaw bone deterioration, it should come as no surprise that a mistrial was declared on Friday. But the lead plaintiffs lawyer's view of the eight-member jury's failure to reach a verdict may raise some eyebrows.

Ex-Stanford Security Chief Seeks Speedy Trial

Daily Business Review

The former Miami chief of the Drug Enforcement Administration, who is accused of destroying evidence in the alleged $8 billion Stanford Financial Group fraud, wants to force the prosecution's hand by insisting on a trial later this month. Thomas Raffanello made a court appearance Friday on charges of obstructing a federal investigation and destroying records protected by a court order when he allegedly ordered the shredding of documents to thwart an investigation into the Houston-based financial enterprise.

Trial to Begin in Suit Against Cisco, Patent Troll Tracker Blogger

Texas Lawyer

Jury selection begins today in a case that pits intellectual property litigator Eric Albritton against tech company Cisco Systems. Albritton alleges in his June 16, 2008, federal court complaint that Richard Frenkel, a one-time in-house lawyer at Cisco, defamed him in anonymous postings on Frenkel's Patent Troll Tracker blog in October 2007. The suits have attracted considerable attention due to the popularity of the Patent Troll Tracker blog, which is currently "open to invited readers only."

Critical Time for Corporate Oversight Agency

The National Law Journal

The next few months are shaping up as a critical time in the life of the post-Enron, post-WorldCom reform agency -- the Public Company Accounting Oversight Board. Sometime in October, the five-member board, created by the Sarbanes-Oxley Act of 2002 to oversee the auditors of public companies, could be down to two members. And, early next year, the Supreme Court will hear a constitutional challenge to its very existence.

Lawyers' Sanctions Lifted, but 3rd Circuit Judge Delivers Lecture

The Legal Intelligencer

Be careful what you ask for, the old saying goes, because you just might get it. That aphorism was perhaps ringing all too true recently for a group of Philadelphia lawyers who had been hoping an appeals court would overturn a federal judge's 2007 decision that sanctioned and sharply chastised them for using litigation tactics that, in the judge's view, were designed to "frustrate" and "impede" the discovery process.

Justice Stevens and the NRA: Unlikely Allies in Campaign Finance Case?

The National Law Journal

During last week's extraordinary Supreme Court oral argument in Citizens United v. Federal Election Commission, some of the more remarkable moments came when Justice John Paul Stevens repeatedly referred, with approval, to a brief filed in the case by the National Rifle Association. Not a pairing you might expect, but Stevens saw in the brief a possible way to rule on the case narrowly, without totally upending major Court precedents on corporate and union spending in election campaigns.

Yahoo Investors Take Stock After GC Sells $2 Million in Shares

Corporate Counsel

Does Yahoo's top lawyer know something about the company's future that investors don't? General counsel Michael Callahan has sold more than $2 million in company stock over the last two years, and investors are asking why. Callahan isn't the only top executive at Yahoo cashing in. Others, including CEO Carol Bartz, have sold more than $232 million in stock in the past two years as the Internet search engine struggled to compete against rivals Google and Microsoft Corp.

The 'Citizens United' Argument, by the Numbers

The National Law Journal

Supreme Court scholars and others have pointed to some statistical research about oral arguments that seems too simple to be accurate. Namely, if you want a good predictor of how a case will turn out, count up the questions from justices aimed at each side. Much more often than not, the party that gets the most questions loses. The National Law Journal tackled the transcript of the closely watched argument in Citizens United v. Federal Election Commission. So what did the numbers say?

Federal Circuit Hands Sanofi-Aventis Win in Fight Over Generic Cancer Drug

The American Lawyer

Sanofi-Aventis SA has taken its share of licks in its long-running battle with drug makers selling generic versions of Eloxatin, a drug used to treat colon cancer. Last month, the U.S. Food and Drug Administration approved the generic drugs for sale despite an appellate ruling granting Sanofi a stay of a district court order that found the generics did not infringe Sanofi's patents. But Sanofi finally got some good news on Thursday when the Federal Circuit vacated the lower court's ruling and remanded the case.

Powell Goldstein Dragged Back Into Malpractice Battle

Fulton County Daily Report

When a federal judge in Alabama overturned a ruling by a bankruptcy judge last month, lawyers at the firm that used to be Powell Goldstein got dragged back into a complicated and hard-fought malpractice battle launched against them by the bankruptcy trustee for former client Verilink Inc. The trustee claims that the firm attempted to conceal documents that showed its lawyers took part in a series of civil transgressions perpetrated by Verilink's officers and directors that ultimately led to Verilink's bankruptcy.

7th Circuit Chief Judge Calls for Loosening of Sentencing Guidelines

The National Law Journal

Judge Frank Easterbrook is urging the U.S. Sentencing Commission to loosen federal sentencing guidelines so judges waste less time determining ranges that may not matter anyway. Easterbrook, chief judge of the 7th Circuit, said the commission's "most important" task is revamping the guidelines' structure in light of Supreme Court decisions that made them advisory. Now that judges can sentence outside ranges set by the guideline tables, he said, they shouldn't be spending so much time calculating ranges in the first place.

A Family Fights and a Lawyer Falls

The National Law Journal

The bitter dispute between an investment banker and his ex-wife has consumed Hogan & Hartson's Robert Cave for nearly 12 years, driving his practice into the ground and leading him to withdraw from Hogan's partnership. Now, the woman's sons are suing Cave and Hogan for malpractice, alleging the firm pursued unnecessary legal action that drained their inheritance. The suit claims Cave developed a "crush" on Colleen Boland, noting that he had referred to her as the best friend he's ever had.

Review: Deadlines On Demand

Law.com

Lawyers handle a lot of technical tasks that beg for automation, e.g., calculating dates for court appearances and filing deadlines. Law.com technology editor Sean Doherty reviews Compulaw's Deadlines On Demand and finds it an easy and cost-effective way to manage a calendar.

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Older but Wiser: Handling Touchy Subjects

Special to Law.com

Interviews are awkward enough as it is without the additional challenges facing the more mature job seeker, note consultants Valerie Fontaine and Roberta Kass. They suggest that you anticipate and prepare to handle tough questions and situations with grace. Use humor whenever possible to diffuse uncomfortable situations. Fontaine and Kass discuss ways of handling some specific questions or issues that could come up in your interview, such as questions about a resume gap or facing a much younger interviewer.

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