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Gay Couples Testify as Marriage Case Starts

The Recorder

Being gay went on trial Monday in San Francisco. Opening statements kicked off a highly anticipated proceeding in the federal challenge to Proposition 8, followed by emotional testimony from the four name plaintiffs in the case. The two couples talked about when they first knew they were gay, what it was like to come out, how anti-gay bias makes them feel, and what marriage means to them. Among the issues addressed by counsel on both sides: the respective roles of courts and voters in the debate over same-sex marriage.

Federal Judge Denies SEC Motion Seeking New Charge Against BofA -- for Now

Corporate Counsel

New York federal Judge Jed Rakoff denied a motion by the Securities and Exchange Commission on Monday to add a new charge to its earlier complaint against Bank of America but told the SEC it could bring the charge as a separate case, if it wants. The new charge accuses the bank of failing to disclose the "extraordinary losses" at Merrill Lynch before shareholders voted in December 2008 to approve the merger between the two financial giants.

High Court Justices Grill Both Sides in Confrontation Clause Case

The National Law Journal

The Supreme Court's decision last year in Melendez-Diaz v. Massachusetts caused an uproar among prosecutors by interpreting the Constitution to require that forensic and other evidence be presented mainly in person, not by affidavit. On Monday, the Court heard arguments in a case that could be a vehicle for reversing that decision less than a year after its issuance, but that outcome appears far from certain. Justice Sonia Sotomayor sent out mixed signals on whether she would provide the vote needed for reversal.

Federal Circuit Affirms a Longer Patent Term Extension

The National Law Journal

A much-anticipated ruling by the U.S. Court of Appeals for the Federal Circuit gives patent owners a shot at extending a patent's life to compensate for the U.S. Patent and Trademark Office's administrative delays in processing the patent. The decision is a key ruling for pharmaceutical companies because the end of the patent term is extremely important if a pharmaceutical company has a blockbuster drug, said one IP lawyer.

Next Target for Plaintiffs Bar: Nursing Homes?

The National Law Journal

The American Association for Justice, which lobbies on behalf of plaintiffs lawyers, won a small victory last month when Congress banned defense contractors from including in their employment contracts any provisions that require arbitration. Monday, the group's top lobbyist, Linda Lipsen, said the group wants Congress to ban mandatory arbitration in all consumer and employment disputes. But Lipsen quickly singled out the nursing home industry as the likely centerpiece of the group's push.

Citing Quinn Emanuel's Bills, Thornburgh Trustee Seeks to Slow Payments

The American Lawyer

The law firms retained in the Thornburg Mortgage bankruptcy have had it pretty good for a while, but the days of quick payouts may be numbered. The trustee in the case has filed a motion to terminate a monthly compensation plan established by the bankruptcy court, arguing that the bills are too numerous to analyze and that their preparation is costing the estate a small fortune. Special criticism was reserved for Quinn Emanuel Urquhart Oliver & Hedges, whose bills the trustee said were vague and wasteful.

Ex-Associate's Suit Proceeds Against Labaton Over Origination Fees

New York Law Journal

A former Labaton Sucharow associate can pursue nearly $12 million in legal fees he claims his ex-employer owes him for his role in bringing in New Mexico's pension funds as clients, a New York state judge has ruled. Although the judge dismissed a series of claims brought by Jon Adams against Labaton, she left in place Adams' claim that the firm breached an agreement by not giving him a share of multimillion-dollar fee awards stemming from securities settlements with HealthSouth Corp., St. Paul Travelers and other cases.

At the Supreme Court, Life Is One Big Vocabulary Lesson

The National Law Journal

Earlier this term, an advocate before the Supreme Court taught Chief Justice John Roberts Jr. a new vocabulary word: romanette, an obscure but self-explaining word for lower-case roman numerals. On Monday, the new word du jour was "orthogonal," a mainly mathematical term for things that are perpendicular or at right angles to each other. The justices' vocabulary lesson came courtesy of University of Michigan law professor Richard Friedman, who argued in the Confrontation Clause case of Briscoe v. Virginia.

N.Y. Attorney General Demands Bonus Data From 8 Banks

Corporate Counsel

New York Attorney General Andrew Cuomo sent letters to eight of the nation's largest banks Monday seeking detailed information on how they plan to pay upcoming bonuses. The letters, sent to GCs or outside counsel for the banks, request data in 11 areas, ranging from the number of employees to a description of all bonus pools, and how those pools would have been affected had the banks not received federal bailout money.

Embassy Bomber's Lawyers Raise Speedy Trial Issue in Fight for Dismissal of Indictment

New York Law Journal

Lawyers for accused embassy bomber Ahmed Khalfan Ghailani told a federal judge Monday the indictment against Ghailani should be dismissed on speedy trial grounds, arguing the government could not justify its claim that national security demanded Ghailani's extended detention and interrogation. An Assistant U.S. Attorney countered that the government had a legitimate reason to interrogate Ghailani before and after he was sent to Guantanamo. Ghailani was indicted in New York in 1998 for attacks in Kenya and Tanzania.

McGwire's Lawyer Praises Hitter for Coming Clean on Steroids

The American Lawyer

After years of suspicions about steroid use, former baseball star Mark McGwire admitted on Monday to using steroids throughout his career, including when he broke baseball's seasonal home run record in 1998. McGwire was vilified for refusing to answer questions about steroid use during contentious 2005 testimony before Congress. Now a lawyer who advised McGwire on his testimony, Hunton & Williams partner Mark Bierbower, says that his client made the right decision to withhold information then and come clean now.

South Butt Creator Fires Back at North Face

The American Lawyer

Lawyers for James Winkelmann last week filed an irreverent reply brief and motion to dismiss The North Face Apparel Corp.'s trademark infringement suit against the 19-year-old University of Missouri freshman and owner of the The South Butt. North Face claims that Winkelmann's parody clothing line has caused it "irreparable harm" -- but Winkelmann's attorneys say North Face's lawsuit and the resulting publicity have caused business to skyrocket for Winkelmann's tiny clothing line.

Law Firm Partner Found to Have Violated Bar Rules With Class Action Benefiting Just 7 People

Daily Business Review

Adorno & Yoss founding partner Henry Adorno violated professional rules by orchestrating a $7 million class action settlement that benefited only seven people rather than all Miami taxpayers, a judge ruled Friday in a disciplinary case brought by the Florida Bar. Broward Circuit Judge Jack Tuter, as referee in the ethics case, ruled Adorno breached his duty to the proposed class and accepted an excessive attorney fee of $2 million for his work on the settlement, which was thrown out when its limitations were uncovered.

Former N.Y. Judge Loses Bid to Upset Bribery Conviction

New York Law Journal

Citing "overwhelming" evidence of guilt, an appeals court last week gave short shrift to ex-Brooklyn Justice Gerald P. Garson's arguments that his bribery conviction should be overturned. In a brief unsigned opinion, a four-judge panel brushed aside Garson's argument that the prosecution had injected into the trial crimes not charged in the indictment by insinuating he had accepted bribes "to fix cases." Following his conviction, Garson served 2 1/2 years in prison before being released on parole last month.

DOJ, Victim Fight Over Iran Property

The National Law Journal

On Friday, the U.S. Court of Appeals for the D.C. Circuit will hear argument in a case testing the scope of a federal law that expanded the rights of plaintiffs to go after foreign property in the U.S. Lawyers for the estate of a bombing victim want the abandoned buildings of the Iranian embassy sold to satisfy a nearly $13 million judgment against Iran for its alleged sponsorship of a 2002 terrorist attack in Jerusalem. But on diplomatic grounds, the DOJ convinced a judge to block the effort.

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Telepresence: The New Videoconferencing

The American Lawyer

As firms' need for face-to-face meetings has grown, so has their appetite for communications tools that aren't just cheaper than travel, but that come close to replicating the in-person experience. The best videoconferencing comes so close the industry coined a new term: telepresence.

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Big Law Gets Another Small Screen Treatment in 'The Deep End'

The American Lawyer

"The Deep End," created by former Loeb & Loeb associate David Hemingson, will debut on ABC on Jan. 21. The show follows five fictional associates and the partners at a large law firm. Rick Eid, a TV writer and former Manatt, Phelps & Phillips partner, did not work on "The Deep End," but said that based on his own experience, someone with a background in big law, "having worked and lived ... with the personalities, weird demands, frustrations, rage, and humiliations," should have plenty of material.

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Unknown Salaries and Start Dates Don't Impact Law Firm Job Acceptance Rates

Texas Lawyer

With graduation less than five months away, former summer associates in Texas have been accepting full-time offers even though some firm leaders, such as those at Vinson & Elkins, did not tell them their start date or salary. Despite the lack of information, the acceptance rate for V&E's job offers rose significantly over last year's. Perhaps not surprisingly, at a time when some firms didn't have summer programs and others extended no offers, acceptance rates have risen for several other Texas firms as well.

Visit the Career Center