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Former McGuireWoods Partner Pleads Guilty to Securities Fraud

New York Law Journal

A former McGuireWoods partner admitted Monday to using his position as counsel to small companies to make $10 million in illegal profits. Louis W. Zehil pleaded guilty to securities fraud and conspiracy to commit securities fraud before a New York federal judge. Zehil was forced to resign from McGuireWoods in 2007 after it was revealed he had issued fraudulent opinion letters for the handling of investments. He appeared to choke up Monday when the judge walked him through the procedures and consequences of his guilty plea.

Racketeering, Unfair Business Practices Claims Added Against Toyota

The National Law Journal

Plaintiffs lawyers spearheading the litigation against Toyota on behalf of consumers with recalled vehicles announced Monday that they have added RICO claims, alleging that the automaker falsely denied for the past decade that its vehicles are subject to sudden unintended acceleration and other defects. One of the attorneys making racketeering claims against the automaker estimated that damages against Toyota could soar to more than $24 billion a year.

Overdraft Fees Suit Stays Alive in Federal Court

Daily Business Review

A Florida federal judge has denied requests by the nation's biggest banks to dismiss a class action suit by checking account customers who claim they are being charged abusive overdraft fees on debit cards. The ruling keeps alive a closely watched consumer lawsuit that could be worth hundreds of millions of dollars and is shining a national spotlight on what plaintiffs lawyers say are egregious bank practices. Defendants in the suit include Bank of America, Citibank, Wells Fargo, Wachovia, JPMorgan Chase and SunTrust.

Federal Judge Clears Way for Trial in Defamation Suit Against Oprah

The Legal Intelligencer

A jury must decide whether TV talk show host and media mogul Oprah Winfrey defamed the former headmistress of her South Africa-based Leadership Academy for Girls in the wake of an abuse scandal at the school, a federal judge has ruled. The judge concluded that numerous statements made by Winfrey at a 2007 press conference were "capable of defamatory meaning," rejecting arguments that the remarks were merely expressions of opinion. The decision included an order saying the trial is specially listed to begin on March 29.

Ga. High Court Chides Bar, Former Greenberg Associate for Light Sanction Recommendation

Fulton County Daily Report

Georgia Supreme Court Justice David E. Nahmias has rapped a former Greenberg Traurig associate and the State Bar of Georgia for recommending that the associate receive a light sanction after he admitted to a half-million-dollar fraud. On Monday, the high court rejected a voluntary petition filed by Michael J.C. Shaw, who had requested a six-to-12-month retroactive suspension after admitting that he performed investigative services under two fake identities, billed the firm for them, and collected approximately $493,000.

Buyers' Bid to Rescind Condo Purchases Under Land Sales Law Fails

New York Law Journal

A New York federal judge has declined to invalidate the sales contracts of eight plaintiffs who made deposits on apartments in a new condominium project, then changed their minds as the construction dragged on and the economy spiraled down. The decision is one of the first to address how the relatively obscure Interstate Land Sales Full Disclosure Act of 1968, which was originally promulgated to protect out-of-state home purchasers when buying land sight unseen, may apply in the present market.

Anapol Schwartz Partner Dispute Aired in Court Documents

The Legal Intelligencer

Arguments are due to be heard this week involving suits by and against Anapol Schwartz, which claims that former shareholder Howard J. Levin violated the shareholders agreement by not agreeing to share fees or repay advanced costs related to 22 cases he took with him after being voted out of the law firm as of Dec. 31, 2009. The firm seeks to consolidate that lawsuit with its suit over an alleged "conspiracy" between Levin and an associate. Levin's suit claims improprieties in the setting of his salary and bonuses.

Why Is the Co-Head of Grant & Eisenhofer Suing Teenagers?

The American Lawyer

Stuart Grant, one of two managing directors of plaintiffs powerhouse Grant & Eisenhofer, has taken his litigation skills in a new direction: He's sued three teenagers who allegedly ransacked and stole from his home after crashing a party thrown by his teenage daughter, according to court records. The teens allegedly stole household items that included a water jug containing about $500 in coins and some prescription drugs, which they allegedly crushed and snorted. The teens' lawyers contend Grant's daughter invited the trio in.

Jury Awards $15 Million in Accident Case, Clears Lawyerless Chrysler

Fulton County Daily Report

A Georgia jury held an alleged drunk driver responsible for $15 million in damages to a girl injured in a car accident, but the plaintiff likely will get only a fraction of the award because the driver has few resources and the designer of the seat, which broke during the wreck, was cleared by the jury. Complicating matters was the bankruptcy-mandated dismissal of what was then DaimlerChrysler from the case. The verdict form contained a line allocating blame to Chrysler, but no one represented the automaker at trial.

Fifth Attorney Charged in Insurance Fraud Probe

The National Law Journal

An attorney suspected in an automobile insurance fraud ring was arrested on Thursday by investigators for the Los Angeles County district attorney's office. Vadim Schar has been charged with 16 counts of insurance fraud and four counts of possession of illegal narcotics. Schar, who faces 15 years in state prison, pleaded not guilty to the charges. He is the fifth attorney charged in a widespread investigation in which the defendants are accused of defrauding insurance companies by making false claims for car accidents.

In Win for Tort Reform Advocates, Ga. Supreme Court Upholds ER Med-Mal Standard

Fulton County Daily Report

The Georgia Supreme Court dealt a two-pronged blow to plaintiffs lawyers Monday, rejecting challenges to two parts of a 2005 tort reform package. The court split 4-3 to uphold a rule that demanded evidence of gross negligence on the part of emergency room doctors in order to sustain a medical malpractice claim. The court also divided 5-2 to uphold a fee-shifting rule that is supposed to deter the filing of frivolous suits and encourage settlements.

Feds Try First MS-13 Gang Case, Come Up Empty

The Recorder

A federal jury last week acquitted Rodil Nochez, a leader of a San Francisco chapter of the MS-13 street gang and the first member to go before a jury. Prosecutors hardly seemed to relish a trial against Nochez, who is a mere minnow in a much larger government trawl targeting the violent MS-13 gang. Trying Nochez meant exposing a key informant to cross-examination, and that record will likely be scrutinized by lawyers representing the bigger fish. Any inconsistencies could be used to cut holes in the net.

Full 1st Circuit Rules Prospectus Statements Are Not Attributable to Executives for 10(b)(5) Purposes

The National Law Journal

The 1st Circuit recently issued an en banc opinion that rejected the U.S. Securities and Exchange Commission's reliance on prospectus language in bringing a Rule 10(b)(5) case against broker-dealer executives. The decision overturned an earlier panel ruling upholding the SEC's use of the rule, which bars untrue statements in connection with the purchase or sale of a security. The opinion in SEC v. Tambone, on an issue of first impression, rejected "the SEC's expansive interpretation" of the rule.

Judge Tosses Dixie Cup Trade Dress Suit

Fulton County Daily Report

A federal judge has thrown out a trade dress suit that the manufacturer of Dixie Cups filed against Huhtamaki Americas, the maker of Chinet, over the design of an insulated paper cup. U.S. District Judge Timothy C. Batten Sr. found that Huhtamaki's design was spurred by expense considerations, not aesthetic ones. Batten also noted that it was "peculiar" that Dixie waited until the day it filed the lawsuit to seek registration of the alleged trade dress art issue.

Study Says Vacancies to Blame for Massive Immigration Court Backlog

The National Law Journal

The failure of the Bush and Obama administrations to fill immigration judge vacancies has driven the backlog of cases and wait times for decisions to all-time highs, according to a Syracuse University research organization. Cases pending in the nation's immigration courts in the first months of fiscal 2010 totaled 228,421 -- up 23 percent since the end of fiscal 2008, and 82 percent higher than 10 years ago, reported the Transactional Records Access Clearinghouse on Friday.

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Selling E-Commerce the 'Right' Way

E-Commerce Law & Strategy

While investment bankers are not hard to find on the internet, the trick is finding the right one for a particular business and its markets, says attorney Stanley P. Jaskiewicz. While the most novice searcher can find bankers, finding the "right" one takes more than random web searching.

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What Associates Need to Know About Lateral Moves

The Legal Intelligencer

Law firm associates should understand that they need to take charge of their careers the day they start, instead of blissfully plugging along, writes consultant Frank Michael D'Amore. He discusses several steps associates can take to best prepare for a possible career move.

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