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Defying Criticism, High Court Pick Stays on 'Real World' Message

The National Law Journal

Within minutes of President Barack Obama's announcement Tuesday that he will nominate Judge Sonia Sotomayor of the 2nd Circuit to the U.S. Supreme Court, conservative groups vowed opposition or tough scrutiny, calling her a liberal whose votes will be even further left than the man she would replace, retiring Justice David Souter. But supporters said her lengthy resume and her lesser-known qualities of collegiality and persuasiveness could make her a powerful force on the Court for years to come.

Web Video: Tony Mauro Discusses Sotomayor

Incisive Media Supreme Court Correspondent Tony Mauro shares insight on President Barack Obama's nomination of 2nd Circuit Judge Sonia Sotomayor and the confirmation battle to come.

California's Prop 8 Stands, and So Do Existing Gay Marriages

The Recorder

In a ruling that gay-rights leaders called a "terrible blow" and a step "backward," the California Supreme Court on Tuesday ruled 6-1 to uphold a state ballot measure that restricted marriage to heterosexual couples. The ruling likely ends state court litigation that has raged since San Francisco began marrying same-sex couples in 2004. But in a surprise move Tuesday, attorneys Theodore Olson and David Boies, who opposed each other in Bush v. Gore, announced they're teaming up to mount a federal challenge to Prop 8.

N.Y. Suit Against Greenberg Traurig Real Estate Head Is Stayed Pending Calif. Arbitration

New York Law Journal

A suit accusing Robert J. Ivanhoe, chairman of Greenberg Traurig's New York office and head of its real estate group, of breaching his fiduciary duties to clients he represented in connection with a multibillion-dollar real estate project is on hold pending the outcome of an arbitration in California, a New York appeals court has ruled. A unanimous panel held that the lower court should have stayed the New York suit pending an arbitral determination "in the interest of judicial economy."

Judge Rakoff Explains Choice of Mississippi Fund to Lead Subprime Class Action

The American Lawyer

Remember Judge Jed Rakoff's shock at the revelation that Coughlin Stoia monitors the investment portfolios of pension fund clients for litigation opportunities? On Tuesday, Rakoff issued an opinion explaining why he picked a Mississippi pension fund represented by Coughlin rival Bernstein Litowitz as lead plaintiff in a securities class action against Merrill Lynch -- even though Bernstein's client has a similar monitoring deal with 12 law firms. Rakoff called it "a choice between two less-than-perfect plaintiffs."

Judge: Ledbetter Act Doesn't Apply to Lost Promotion Suit

The Legal Intelligencer

In one of the first decisions to interpret the scope of the Lilly Ledbetter Fair Pay Act, a federal judge has refused to apply the law's relaxed time limits to failure-to-promote claims. Finding that Congress explicitly limited the new law to claims of "discrimination in compensation," Judge Berle Schiller rejected the argument that a woman who claims she was illegally denied a series of promotions should be allowed, under a "continuing violation" theory, to pursue a Title VII lawsuit over all of the adverse decisions.

As Nominee Is Announced, High Court Issues Police Interrogation Ruling, Two Others

The National Law Journal

As President Barack Obama introduced Judge Sonia Sotomayor to the nation as his Supreme Court nominee, Justice Antonin Scalia, sitting on the high court bench, read parts of a 5-4 decision overruling a 23-year-old precedent barring police from initiating interrogation of a defendant once he or she has asked for a lawyer at an arraignment or a similar proceeding. It was business as usual for the justices Tuesday, but also a reminder of the importance of one vote on a Court closely divided in key areas of law.

Supreme Court Picks Up Merck Appeal in Vioxx Suit

The National Law Journal

The Supreme Court on Tuesday agreed to hear Merck & Co.'s challenge to a shareholder suit linked to litigation over the painkiller Vioxx. Company lawyers say the suit was filed outside the two-year statute of limitations and should not be permitted to go forward. The 3rd Circuit last year reversed a trial judge's dismissal of the suit. At issue in the case are so-called "storm warnings" -- the point at which the investor has received notice of the alleged wrongdoing and the window for bringing a suit begins.

Lockheed Wins $37 Million in IP Suit Against Contractor

Fulton County Daily Report

A federal jury in Atlanta has awarded Lockheed Martin $37.3 million for defense contractor L-3 Communications' misappropriation of trade secrets associated with the design and construction of Lockheed's anti-submarine bomber, which is used by navies around the world. "Trade secrets protection for information that is disclosed to the U.S. government really hasn't been addressed in many issues. It's pretty groundbreaking," said a Kilpatrick Stockton partner on Lockheed's legal team.

Judge Rejects Challenge to $522 Million Award Against BDO Seidman

Daily Business Review

BDO International asked to start over Tuesday in an auditing negligence suit that produced a $522 million award against Chicago-based BDO Seidman. But a Florida judge ruled the trial will move forward without re-addressing the dollar award. A jury will be asked if BDO Seidman was an agent of BDO International, exposing the larger firm to payment. After losing its bid to discard the award, BDO asked to postpone the trial so it can prepare a defense on the $352 million punitive damages segment of the award.

McDermott Partner Bolsters Prosecution's Case at Astor Trial

New York Law Journal

Henry Christensen III, the former Sullivan & Cromwell trusts and estates head who represented Brooke Astor for 20-plus years, testified Tuesday at the fraud trial against Astor's son, Anthony Marshall, that Astor had been "embarrassed" by Marshall's choice of a third wife. Also Tuesday, under examination from prosecutors, Christensen, now a partner at McDermott, Will & Emery, acknowledged that some time after S&C represented Marshall in his divorce from his second wife, he began representing Marshall as well as Astor.

Attorney Convicted of Sex Abuse for 'Cupping' Buttocks of Law Guardian

New York Law Journal

A 72-year-old New York lawyer has been convicted of harassing a law guardian during a court proceeding, a misdemeanor charge of third-degree sexual abuse. Robert Kahn was accused of "cupping the left side of [the law guardian's] buttocks" as she leaned over to retrieve a file, according to the DA's office. During trial, the prosecution introduced into evidence a disciplinary committee decision suspending Kahn for six months for offensive remarks aimed at women lawyers, such as calling one "pig vomit on my shoes."

Defense Wins in 9-Year Sexual Harassment Case

Fulton County Daily Report

Two years after winning $2 million in a sexual harassment suit against the sports bar chain Jocks & Jills and its founder, the company's former female manager has lost that judgment in a retrial of the case. The latest jury was the third to hear the nine-year case, the twists and turns of which appear to have stripped both sides of any real victory while decimating the chain's assets. And lawyers for both sides say the suit has taken an emotional toll on their clients.

U.S. Goes After Individuals, Corporations in Tax Havens

Daily Business Review

The door to a fifth of the world's wealth isn't behind any double-combination vault. It can be found in a Bahamian strip mall, along a dusty road in Tortola, or at the notorious four-story Ugland House in the Cayman Islands, the registered address of more than 12,000 offshore companies. Now the U.S. is going after UBS, Europe's biggest bank, which has used Caribbean tax havens to get around a 2001 accord with the IRS that would force the disclosure of its U.S. customer base.

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The Art and Science of EDD Special Masters

Law Technology News

A special master for electronically stored information is a court-appointed technical expert who manages and resolves e-discovery disputes. Although being tech-savvy is important, being people-savvy, cost-conscious and keeping your ego in check matter more, says trial attorney Craig Ball.

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Deal Lawyers See Venture Thaw

The Recorder

Investors came out of hiding late in the first quarter, so things aren't looking too shabby in the venture capital world for the rest of 2009, according to several top deal lawyers. The recession is driving prices low enough to entice investors, but the types of deals and their financing have changed from 2008. With leveraged financing practically gone, investors are having to be more creative, these lawyers say. Also, investors are eyeing different kinds of companies.

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Pay Follows Practice Area for Post & Schell

The National Law Journal

If a law firm associate in one practice area bills at a significantly higher rate than a same-year associate in another practice area, shouldn't he or she make more money? Philadelphia's Post & Schell thinks so. Since 2000, it has favored an associate compensation system that focuses on each attorney's ability to generate revenue for the firm. Breaking out of the lockstep model, the firm provides the highest associate salaries to attorneys working in practice areas that bill at the highest rates.

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Tips for Pitching Your Firm to In-House Counsel Without Going Overboard

The Legal Intelligencer

Far too many lawyers devote a large amount of time to presenting business pitches in front of in-house counsel, but fail to differentiate themselves in any significant way, says legal consultant and former general counsel Frank M. D'Amore. At the least, presentations that miss the mark won't help in-house counsel in their selection process, but at the worst, firms can ruin their relationship with a client. D'Amore provides three suggestions to help attorneys impress in-house counsel without trying so hard.

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