Legal Research

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Securities Class Actions May Have Hit Their Peak

The National Law Journal

After three years of significant growth, federal securities class actions dropped off in 2009, according to figures from two consulting and research firms -- a sign that the flurry of activity spurred by the credit crisis has died down. Credit crisis-related filings were almost twice as common during the first half of the year than during the second, providing further evidence that those types of actions are on the way out.

Ex-Fried Frank Associate Alleges Harassment, Phony Reviews, in $50 Million Suit Against Firm

The American Lawyer

A former associate plans to file a wide-ranging $50 million lawsuit against Fried, Frank, Harris, Shriver & Jacobson, accusing the firm of denying her a promotion to partner because she is a lesbian and of doing nothing to stop higher-ups from harassing her. She also alleges the firm instructs lawyers to write exaggerated negative performance reviews about associates the firm wants out. The former associate, Julie Kamps, previously filed a less detailed complaint with the U.S. Equal Employment Opportunity Commission.

Ex-Purdue Pharma Lawyer Asks Court: Give Me Back My Career

Corporate Counsel

General counsel at major corporations are closely watching a case filed in federal district court in New Haven, Conn. The case involves an appeal by Howard Udell, the first GC known to have been debarred from working at companies that do business with federal agencies. Udell's appeal, expected to be argued next spring or summer, stems from a May 2007 settlement between the U.S. Attorney for Western Virginia and three top executives at Purdue Frederick over the misbranding of the painkiller OxyContin.

Judge Hints at Settlement Talks as Craigslist-eBay Trial Ends

The Legal Intelligencer

At the close of a nearly two-week nonjury trial between Internet titans eBay Inc. and Craigslist, Chancellor William B. Chandler III hinted that the companies might consider settlement talks because a ruling from the judge could "make everyone unhappy." The trial was closely watched because it could have a profound effect on the future of both companies and the online classified market. Corporate lawyers are watching too because the case presents important questions about the rights of minority shareholders.

Former N.Y. Judge Sentenced to 27 Months in Jail for Attempted Bribery

New York Law Journal

Former New York Supreme Court Justice Thomas J. Spargo was sentenced Monday to 27 months in federal prison for attempting to extort donations from lawyers appearing in his court. Northern District of New York Judge Gary Sharpe said that whether through "venality" or "misplaced exuberance," Spargo was responsible for attempting to secure contributions of up to $10,000 from local lawyers for a fund to pay Spargo's legal defenses as he contested a judicial conduct commission investigation.

In FedEx Fee Fight Case, Judge Finds Lawyer Solicited Cash From Clients

The Recorder

Meeting a client at McDonald's to pick up $15,000 in cash has landed San Francisco plaintiffs lawyer Waukeen McCoy in serious trouble. After settling part of a civil rights claim against FedEx, McCoy solicited cash payments from three plaintiffs above and beyond his contractual fees, according to a federal district court judge who previously dismissed McCoy's entire fee application and imposed a $25,000 sanction. The findings are the latest in a long-running fee fight between McCoy, FedEx and other plaintiffs lawyers.

Lawyer and Socialite's Son Draw Prison Terms for Looting Astor Estate

New York Law Journal

Anthony D. Marshall, son of New York socialite Brooke Astor, was sentenced Monday to at least a year in state prison for looting his mother's $132 million estate. The judge gave an identical 1-to-3-year sentence to the lawyer charged along with Marshall of pressuring Astor to change her will while she was suffering from Alzheimer's disease. In sentencing Marshall, the judge said he would have preferred that the "many millions" that Marshall gained from changes to the will be given to the charities Astor "loved."

Obama Signs Into Law Restriction on Arbitration Clauses

The National Law Journal

Most military contractors will no longer be able to enforce mandatory arbitration clauses in their employment contracts under a provision signed into law over the weekend. Part of a 2009-2010 spending bill for the Defense Department, the provision touches on an issue that has been a high priority this year for trial lawyers and for consumer groups, who say clauses mandating the use of arbitration deny employees an impartial hearing in open court.

Court Says Contract Provision Made Lawyer 'Mere Puppet'

The Recorder

Wanting to maintain complete control over his already troubled divorce proceedings, non-practicing lawyer Curtis Kekoa Jr. insisted on a contract provision with his attorney that would give him last say over decision making. But that move backfired when a trial court said the provision turned his attorney/client relationship into an employee/employer relationship that prevented him from suing for malpractice. A California appeals court has agreed, holding that the "control provision" turned lawyers into "mere puppets."

Federal Circuit: Ordinary Observer Test Applies to Anticipation of a Design Patent

The National Law Journal

The Federal Circuit recently changed the test for determining whether a design patent can be ruled invalid because a prior patent anticipated it. The court's decision upheld a lower court's ruling that the sole test for patent invalidity because of anticipation should be whether an "ordinary observer" would consider the second patented design "substantially similar" to a previously patented design. The ruling means that courts should not use the so-called "point of novelty" test.

Murder Conviction Affirmed for Lawyer in Strip Club Shooting

The Associated Press

South Carolina's Supreme Court has upheld a 66-year-old attorney's murder conviction, stemming from a shooting at a strip club. Prosecutors said Dewain Herring was so angry after getting kicked out of the club, he pulled a gun from his car and fired a shot at the club's door. The shot hit and killed the club owner.

Former NFL Player Henry Appeals Child-Support Ruling

Fulton County Daily Report

A lawyer for former NFL running back Travis Henry thinks a Georgia judge went too far when he ordered Henry to pony up $250,000 to create a trust for one of his children and to make monthly $3,000 payments. The judge said Henry's history of delinquent payments made the trust necessary in case he is late again paying for the child -- one of nine he has fathered with nine women. The Georgia Court of Appeals upheld the judge's order and Henry's attorneys have filed a petition for certiorari with the state Supreme Court.

Police Chief Slams Officer Over Gun at Snowball Fight

The Associated Press

D.C.'s police chief slammed a veteran detective Monday for pulling a gun during a mass snowball fight that had been advertised on Twitter. The chief said she watched video clips from the confrontation, which have made the rounds on YouTube, and has no doubt the off-duty detective pulled his gun after snowballs hit his personal car during Saturday's record snowfall. At one point, the crowd chants: "Don't bring a gun to a snowball fight!" The detective is on desk duty until the investigation is complete.

A Case for Operating in the Cloud

Legal Tech Newsletter

According to attorney James C. Nolan, his firm's movement to Microsoft's "cloud" helped him survive the downturn and will help him thrive in an upturn. Nolan believes cloud computing will drastically change the legal industry, and urges every IT person to get their firms in the cloud.

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A Letter to the Next Generation of Lawyers

Texas Lawyer

Randy Wilson is judge of the 157th District Court in Texas' Harris County. He has written a letter to two of his children who have decided to become lawyers, providing guidance for their future careers. Wilson has a couple of pointers concerning client communications, such as make sure you keep up with your client contact on a regular basis, and always tell the truth without delay, or risk making things harder. With his children's permission, Wilson shares his letter for the benefit of other new lawyers.

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