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Legal Research

: New York Supreme Court Criminal Term Library

LAW.COM Newswire Highlights January 26, 2010

By David Badertscher, PLL

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In Securities Dealer's Sentencing, Judge Blasts 'Corrupt' Wall Street Culture

New York Law Journal

In sentencing former Credit Suisse securities dealer Eric Butler to five years in prison for his role in a scheme to trick investors into purchasing high-risk and high-commission subprime securities, a New York federal judge has condemned "the pernicious and pervasive culture of corruption" on Wall Street. The judge also fined Butler $5 million, about $1 million more than Butler's estimated assets. The case marked perhaps the first major criminal action stemming directly from the subprime crisis.

E-Mails Show New York Fed Lawyers' Push to Hide AIG Details

Corporate Counsel

E-mails among in-house lawyers at the Federal Reserve Bank of New York show they worked feverishly to find a way to keep secret the details behind American International Group's $60 billion in payments to counterparties in risky credit default swaps. The e-mails -- part of some 250,000 documents produced by the New York Fed in response to a subpoena from the House Committee on Oversight and Government Reform -- also show the lawyers weren't trying to hide the details just from the public but also from Congress.

Law Firm Sues Over Unauthorized Use of Web Site

Daily Business Review

Highlights of a Florida law firm's Web site have been copied by someone posing as a British law firm while using the same text, design, logo and even photographs of the Florida attorneys. Personal injury firm Gordon & Doner is suing GoDaddy.com, the Web host for the copied site, and the unknown copier as John Doe after an attorney at the firm did a Google search for his own name and stumbled on maslinassociates.com, purportedly the site of a firm in Manchester, England.

Legal Attack on Toyota Widens Following Second Auto Recall

The National Law Journal

A lawyer with a pending lawsuit against Toyota has filed a new suit in light of the carmaker's recent recall of 2.3 million vehicles due to sticking accelerator pedals. "What we have is a fleet of automobiles that accelerate when people don't intend them to," said Michael Kelly, managing partner of Los Angeles-based Kirtland & Packard, who filed a class action on Friday against Toyota on behalf of its customers. The recall, announced Thursday, is the second in recent months for Toyota.

D.C. Circuit Approves Internet Ban on Defendant Who Solicited Sex With Minor

The National Law Journal

The D.C. Circuit, in a child pornography appeal, has joined what it called an emerging consensus among the circuits that "Internet bans, while perhaps unreasonably broad for defendants who possess or distribute child pornography, may be appropriate for those who use the Internet to 'initiate or facilitate the victimization of children.'" The panel noted that the 2nd, 3rd, 5th and 8th circuits have recognized that distinction in approving Internet bans.

Supreme Court Ends Confrontation Clause Case, Non-Orthogonally

The National Law Journal

When the Supreme Court heard arguments Jan. 11 in the confrontation clause case Briscoe v. Virginia some wondered why the Court would review a case so similar to Melendez-Diaz v. Massachusetts, which was decided just last June. On Monday, the Court decided to leave the precedent untouched and send the case back to Virginia courts, which it could have done without hearing arguments in the first place. And for Supreme Court word buffs, the ruling was something of a disappointment for another reason.

Judge Finds Agreement Between Firm, Ex-Partner Ambiguous on Arbitration Requirement

New York Law Journal

A dispute between Edwards Angell Palmer & Dodge and a former partner who was fired for failing to meet billing targets is headed to a special referee to determine whether the terms of the partner's letter agreement require the dispute to be handled in arbitration. Stephen Connoni, who was fired in September 2008 a year after joining Edwards Angell, sued the firm in April for breach of contract.

Proposition 8 Defense Seeks to Show Gays Have Power

The Recorder

After two weeks of witnesses called by plaintiffs challenging Proposition 8, the defense's case finally got under way Monday. Kenneth Miller, a political science professor and one-time lawyer with Morrison & Foerster, testified that gays and lesbians have quite a bit of political power in California. That contention, which the defense had previously hammered on cross-examinations, is central to whether gays deserve federal constitutional protections.

Strangulation Charge Against Former Bush Lawyer Shows New Trend in Domestic Violence Cases

The Connecticut Law Tribune

Last week, John Michael Farren, a former White House lawyer, stood in a Connecticut courtroom and pleaded not guilty to a series of charges related to an alleged attack on his wife. Among them: attempted murder, first-degree assault and first-degree strangulation. There is nothing novel about the first two. But the strangulation charge is a relatively new one in Connecticut and across the country, one created specifically to deal with the epidemic of domestic violence.

Fla. Lawyers Asked to Donate Billable Hour to Haiti Relief Effort

Daily Business Review

Every member of the Florida Bar is being asked to donate the equivalent of one billable hour to aid earthquake relief efforts in Haiti. The Bar sent an e-mail Thursday to all 88,000 members, asking them to make the donation and providing a link to the American Red Cross.

NRA Granted Argument Time in Second Amendment Case at Supreme Court

The National Law Journal

The Supreme Court on Monday granted a motion by the National Rifle Association for argument time March 2, when the justices will consider whether the Second Amendment individual right to bear arms applies against state and local restrictions on firearms. The addition may seem unremarkable, but in fact, the NRA has not been the pivotal player in the recent high court litigation over the Second Amendment. That title goes to Alan Gura, who represents the plaintiffs and opposed the NRA's request for argument time.

2 More Sentenced in Ernst & Young Tax Shelter Scandal

New York Law Journal

Two more defendants in the Ernst & Young tax shelter scandal were sentenced to prison Friday. Richard Shapiro, a lawyer and former Ernst & Young partner, is to serve two years and four months, pay $100,000 and perform 160 hours of community service that will include speaking to bar groups and accounting professionals on his experience. Former Ernst & Young partner Brian Vaughn was sentenced to one year and eight months in prison as well as the same special condition of supervised release imposed on Shapiro.

WilmerHale Posts 7 Percent Increase in Profits Per Partner

The National Law Journal

WilmerHale's profits per partner climbed by about 7 percent last year and gross revenue dipped slightly, the firm said Monday. The firm's PPP rose from $1.08 million to $1.16 million in 2009, an increase that William Perlstein, co-managing partner of the firm, attributed to "at least a dozen" partners leaving the firm to join the Obama administration. The firm's revenue dropped 1.5 percent, going from $955 million in 2008 to $941 million. The revenue per lawyer also fell by 1.8 percent to $1.01 million.

Ex-GC Describes Lax Governance at Broadcom

The National Law Journal

Lost in the uproar over prosecutorial conduct in the Broadcom backdating case was what former general counsel David Dull had to say about Broadcom's options process. Testifying during the trial of the company's ex-chief financial officer William Ruehle, Dull said the chip maker had a loose way of making grants -- a situation he tried to help fix as GC. He testified that he and Ruehle "were often the fall guys, if you will, for delivering a message that people didn't want to hear."

E-Filing: Then and Now

New York Law Journal

When the New York State Courts Electronic Filing System was introduced in 1999, only one case was e-filed all year. In the decade since then, the use of e-filing has become standard in the federal courts, and has gained widespread acceptance in state court systems throughout the country.

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6 Tips for an Effective Job Search for Attorneys

The National Law Journal

Lawyers at large law firms are typically smart, highly skilled individuals with much to offer potential employers. But they may have one distinct disadvantage in the job market, notes consultant Kate Neville: They may never have had to look for a job on their own. Many went straight from law school to a firm through an on-campus recruiting program and were recruited by a job placement professional for a lateral move. Neville provides six tips to help lawyers who may be looking for a job on their own.

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Full post as published by New York Supreme Court Criminal Term Library on January 26, 2010 (boomark / email).

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