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Justices to Consider a Border Battle Over Lawsuits

The National Law Journal

The U.S. Supreme Court today will hear arguments in a "foreign-cubed" securities class action suit -- the latest legal nemesis that keeps lawyers for companies ranging from Toyota to Vivendi up at night. Foreign companies and countries have flooded the Court with amicus briefs, signaling the importance of the case worldwide. And the case, Morrison v. National Australia Bank, comes to a Court that has grown increasingly skeptical about U.S. courts exerting extraterritorial jurisdiction.

In Retrial, Former Brocade CEO Found Guilty of Most Counts

The Recorder

A federal jury on Friday convicted former Brocade CEO Gregory Reyes on nine out of 10 felony counts -- just one less than the last time he was tried over the backdating of stock options. Sentencing is set for June 24 for Reyes, who marked the goverment's first and most high-profile conviction of an executive for backdating until his 2007 conviction was thrown out last year by the the 9th Circuit, which said prosecutors had misled jurors with false assertions during closing arguments.

Pfizer Hit With $141 Million RICO Penalty Over Neurontin Promotion

The National Law Journal

Pfizer has been socked with an eye-popping $141 million penalty for unlawfully promoting its epilepsy drug Neurontin for unapproved uses for which, the plaintiffs said, it didn't even work. A federal jury in Boston on Thursday concluded that the pharmaceutical giant had violated federal racketeering laws in promoting the drug for so-called off-label uses that were ineffective. The jury's verdict was actually $47 million, but the penalty was automatically tripled under the RICO Act.

Ruden McClosky Faces Miami Exodus as Four Partners Decamp

Daily Business Review

In another blow to struggling Ruden McClosky, four partners in the Miami office are leaving at the end of the month, including prominent attorney Larry Gordich, chair of the firm's lucrative bankruptcy and creditors' rights practice. The departures leave the Miami office with just six attorneys, including one of counsel and one who spends much of his time in Tampa, Fla. At its height, the office had up to 30 lawyers. The Fort Lauderdale, Fla.-based firm also laid off 20 secretaries and support staff within the last month.

Driver Imprisoned Over Fatal Toyota Crash Seeks New Trial

The National Law Journal

After months of insisting he was wrongfully convicted of vehicular homicide, a Minnesota man in prison for a fatal Toyota crash sought a new trial last week. An attorney for Koua Fong Lee said that he's given the prosecutor 16 affidavits from individuals who experienced sudden acceleration in older model Toyota vehicles, including seven with the same 1996 Camry model that Lee drove. Lee's model is not part of the recent recalls, but Lee's lawyers maintain that older models had problems too.

Law Firm Founder Faces Road-Rage Charges

Daily Business Review

Michael Diaz Jr., the founder and managing partner of international law firm Diaz Reus & Targ, faces arraignment for allegedly attacking a driver and his girlfriend in a road-rage incident after the other motorist honked his horn when the attorney's car blocked the entrance to a parking garage. The other driver alleges that Diaz pulled open his car door, dragged him out and punched him repeatedly, and then punched his girlfriend when she tried to stop the fight.

Federal Judge Upholds D.C.'s Post-'Heller' Firearm Restrictions

The National Law Journal

A Washington, D.C., federal judge ruled that the D.C. firearm ordinances enacted after the Supreme Court's D.C. v. Heller decision in 2008 "permissibly regulate the exercise of the core Second Amendment right to use firearms for the purpose of self-defense in the home." He dismissed a case brought by Dick Heller, the same plaintiff who challenged the previous ordinance at the Supreme Court. Gun control advocates applauded the ruling as proof that Heller did not sweep away all forms of firearm regulation.

Ford Motor Co. Settles in Case Over Lap-Only Seat Belt

Fulton County Daily Report

As their trial date neared, two Georgia firms reached a confidential settlement with Ford Motor Co. over a 2006 crash that caused the paralysis of a girl who was wearing a lap-only rear seat belt. Similar cases involving people who were paralyzed from crashes while wearing lap-only rear seat belts have resulted in judgments ranging from $6 million to $16 million, according to news reports. The plaintiff's lawyer said his case was helped by Ford's knowledge of the danger of lap-only belts.

S.F. Public Defender Applies Pressure in Crime Lab Scandal

The Recorder

San Francisco Public Defender Jeff Adachi has called for an independent crime lab in San Francisco in the wake of an evidence-tampering scandal at the police department's crime lab involving an employee who allegedly stole cocaine from the lab. He also called on the district attorney's office to entirely drop cases touched by the scandal. The office has dismissed more than 350 narcotics cases since the scandal broke earlier this month, but prosecutors are hoping to refile them after drug evidence is retested.

Citing Precedent, D.C. Panel Upholds Soft-Money Ban

The National Law Journal

In a case that's being closely watched because of its potential to reach the Supreme Court, a three-judge panel in Washington, D.C., ruled Friday that the Federal Election Commission can enforce a federal ban on so-called "soft money" contributions to political parties. In another important campaign-finance ruling Friday, the D.C. Circuit ruled unanimously en banc that the federal government cannot limit donations to independent political groups.

Obama Taps Orrick Partner for U.S. Attorney Post

The Recorder

President Barack Obama nominated Orrick, Herrington & Sutcliffe partner Melinda Haag on Thursday to be the next U.S. Attorney for the Northern District of California. Considered a front-runner for the job ever since Obama's election, Haag's nomination moved into the realm of virtual certainty in the past several weeks as the FBI began its background check. In private practice, Haag represented several GCs accused of improperly backdating stock options, and helped win an acquittal for the former CFO of McKesson.

Calif. Supreme Court Upholds Ban on Soliciting at L.A. Airport

The Recorder

The California Supreme Court on Thursday upheld an ordinance prohibiting the solicitation of money at Los Angeles International Airport, but dodged the larger question of whether the facility is a public forum for free speech purposes. Governmental agencies around the state were interested in the outcome because the public forum issue -- which would establish whether ordinances had to survive intermediate scrutiny or strict scrutiny -- could have applied to other airports, as well as train stations and ports.

Freshfields Sued in International Racketeering Case

The National Law Journal

Top British firm Freshfields Bruckhaus Deringer is facing a federal racketeering suit that claims it participated in a scheme to deprive a Colorado energy company of its oil exploration rights in the Caribbean. The suit, filed by RSM Production at the U.S. District Court for the District of Columbia, alleges that Freshfields, which represented the island nation of Grenada in an international arbitration against the company, "had knowledge that their retainer was being paid through [a] corrupt relationship."

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Rethinking the Adversarial Approach

The National Law Journal

When counsel and courts are uneducated in the technical and financial challenges of data preservation there is no way to narrow preservation requests. Lawyers need to consider the reality of EDD costs and the potential harm to clients when they take positions that ultimately cost more.

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Former Associate Claims Sedgwick Shortchanged Her on Fee Share

The National Law Journal

A former Sedgwick, Detert, Moran & Arnold associate sued the firm last week, alleging it stiffed her out of money it owed her for bringing in a lucrative client. Megan Doan, who resigned in January 2009, claims that Sedgwick violated a fee-sharing policy by refusing to pay her $32,000.

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Interview Strategies: Be a Powerful Closer

Special to Law.com

Making a good last impression in a job interview is almost as important as making a good first impression. Consultants Valerie Fontaine and Roberta Kass discuss how to give your interview a strong finish. For one thing, don't assume that the interviewer knows that you want the job.

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