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Sotomayor Running Out of Potential GOP Support

The National Law Journal

The chances are dwindling that a substantial number of Republicans will vote to confirm Supreme Court nominee Sonia Sotomayor, now that Sen. Jeff Sessions, the top Republican on the Senate Judiciary Committee, has ended months of indecision and announced his opposition. The announcement eliminates one of the last, best chances Sotomayor had of winning over prominent conservatives and means the confirmation vote will likely stick close to the partisan divide, continuing a trend of polarization over judicial nominations.

NERA Report Less Dire on Securities Class Action Filings

The American Lawyer

If you're a securities defense litigator whose confidence fell with the plunge in securities class action filings, as tallied by Stanford's Securities Class Action Clearinghouse and Cornerstone Research, your mood might lift as you read NERA Economic Consulting's new, more upbeat report. NERA acknowledges new filings fell in June to the lowest number since February 2008. But the study's co-author says that drop could be as momentary as the dip in new filings last June and July.

Federal Judge Shoots Down 'Fair Use' Defense in Music Download Trial

The National Law Journal

On Monday, a few hours before jury selection in a high-profile Boston copyright infringement case in which several record companies and the Recording Industry Association of America are suing Massachusetts college students for illegal Internet music downloads, a federal district court judge shot down one of the defense team's key legal theories. The judge wrote that defendant Joel Tenenbaum couldn't cite fair use, the legal use of copyrighted works under certain circumstances, during the trial.

Morris Manning to Cut Associate Pay by Up to 15 Percent

Fulton County Daily Report

Morris, Manning & Martin announced Friday that, effective Aug. 1, pay in the firm's real estate, lending and tax groups will drop by 15 percent and pay for other associates will drop by 10 percent. The firm's managing partner, Robert E. Saudek, said a decline in legal work, a readjustment of the associate salary market and a desire to avoid cutting jobs were factors in deciding to implement the salary cuts.

Cooley Loses Another Partner to N.Y. Firm

The Recorder

Less than a month after Cooley Godward Kronish lost a trio of high-profile deal lawyers to Dewey & LeBoeuf, another partner has left for another New York-based firm. James Donato, an antitrust lawyer and past president of the Bar Association of San Francisco, joined Shearman & Sterling's San Francisco office as a partner Monday. The firm announced the hire along with three other lateral additions in its Washington, D.C., office.

N.Y. Defense Attorney's Trial Begins in Witness-Tampering Case

New York Law Journal

Trial began Monday in the prosecution of Robert Simels, a prominent New York defense attorney charged with plotting with a client to threaten and bribe witnesses to prevent them from testifying. In defending his client, drug kingpin Shaheed Khan, Simels employed a "win at all costs" strategy, the prosecutor told the jury. But according to Simels' attorney, Simels was simply practicing the careful "art of extracting information," with "never an intention" to tamper with witnesses.

Class Certification Denied for FedEx Employees' Wage-and-Hour Claims

The American Lawyer

On Monday a three-judge panel of the 11th Circuit affirmed a ruling by a Miami federal district judge that denied class certification to FedEx hourly employees in Florida. In their wage-and-hour class action complaint, the plaintiffs had alleged that FedEx paid them only for their scheduled work time, not for the full time period between when they punched in and out on a manual clock. They also alleged that FedEx did not pay them for breaks, as required by state law.

Calif. Bar Backs Down Against Quadriplegic Student

The Recorder

Ending a tumultuous legal battle, the California Supreme Court late Monday ordered the State Bar to allow Sara Granda, a 29-year-old quadriplegic, to take the bar exam, which starts today. Granda submitted her online exam application earlier this summer but left blank a space for credit card payment information. Granda, whose sole source of income is a monthly disability payment, doesn't have a credit card and contends that the state Department of Rehabilitation paid her $648 application fee.

Delaware Chancellor Dismisses Shareholder Challenge to Activision-Vivendi Merger -- Again

The American Lawyer

Finding that an appropriate claim was not stated under the Delaware Supreme Court's recent Lynondell precedent, Delaware Chancellor William Chandler III has dismissed an amended complaint by the Wayne County Employees' Retirement System, which is seeking to halt a merger between Activision and Vivendi Games. One of Activision's lawyers, Skadden's Ed Micheletti, told The Am Law Litigation Daily that this case is the first in which the Lyondell analysis has been applied.

Medtronic to Settle Abbott Stent Suit for $400 Million

The Associated Press

Medtronic said Monday it agreed to pay Abbott Laboratories $400 million to settle patent lawsuits related to the design of artery-opening stents, some of the most lucrative medical devices marketed by either company. The two companies agreed not to sue each other for at least 10 years over matters related to stents, which are mesh metal tubes used to prop open arteries that have been cleared of fatty plaque. Medtronic said the agreement settles all outstanding coronary stent litigation between the companies.

Federal Judge Says State Not Obligated to Pay for Sex-Change Surgery

New York Law Journal

New York state is not obligated to pay for gender reassignment surgery for a Medicaid recipient, even though it provided coverage for individual procedures that are necessary preliminaries to the change, a federal judge has ruled. The judge found that Morgana Ravenwood's constitutional rights were not violated by the denial of coverage, and refused to order the state health commissioner to rescind a 1998 law prohibiting state Medicaid funding for "care," "services" or "drugs" related to gender reassignment surgery.

Sources: Former Pa. Judges Created Culture of Fear, Corruption

The Legal Intelligencer

The two former Luzerne County, Pa., judges who have pleaded guilty to federal fraud charges effectively controlled the county for years and ruled through fear and intimidation, overseeing widespread corruption, including rampant case-fixing and payoffs. That is the picture that has been painted through hundreds of interviews with dozens of sources and extensive research of court records and prior news accounts conducted by The Legal Intelligencer.

10 Things SharePoint Can Do for Your Firm

Special to Law.com

Mark Gerow of Fenwick & West describes 10 ways you can use Microsoft SharePoint to improve collaboration, streamline processes, communicate more effectively with your clients and help your attorneys and colleagues find the information and documents they need more quickly and easily.

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Employment Lawyers Voice Skepticism About Biometric Verification

The National Law Journal

The use of biometric data, such as fingerprints and retina scans, to verify if employees are eligible to work in the United States is fueling debate among employment and immigration attorneys. Lawyers are expressing skepticism and criticism about the concept, which was formally announced during a congressional hearing last week. One attorney said employers are likely to resist a biometrics tool if it's expensive and time-consuming, and there may also be civic resistance to what is "in essence, a national ID."

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Warning Signs of Big Law Career Self-Destruction

Fulton County Daily Report

The Snark asks: Are you self-destructing? In the current environment of record-low voluntary attrition, many Cogs are clinging to Big Law jobs they might otherwise have left for a lateral spot in a new city, a sweet in-house gig or a smaller firm. But as The Snark notes, some of these Cogs who are going through the motions are slowly taking baby steps off the grid toward the abyss. Is this you? Is this your neighbor? The Snark says some warning signs include appearance changes and communication breakdowns.

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