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Robert Ruyak, Howrey's managing partner, confirmed Thursday that the firm plans to cut between 20 and 30 partners. The firm's profits per partner dropped 35 percent in 2009, and the acquisition of high-profile laterals created internal client conflicts that hurt some partners, sources say. Ruyak says that the hope is to keep the partners at Howrey until helping them land elsewhere. The plan is to position Howrey for a fast recovery, and Ruyak says he believes the firm can thrive by focusing on its core litigation practices.
What may have been a case of oversharing on the part of a DLA Piper associate has dragged the firm into court to defend a legal malpractice lawsuit. Former client George Sutton & Associates, a San Diego software company, claimed in a complaint filed on Tuesday that DLA Piper unlawfully "rifled through" its files and disclosed confidential information to a third party, resulting in about $1.2 million in damages.
Cutting-edge questions in the First Amendment arena have recently stemmed from clashes between students and school districts over limits put on speech posted on social networking sites. Now lawyers on both sides of the issue are urging the 3rd Circuit to vacate two seemingly conflicting decisions by two different three-judge panels, and to hold rearguments before the full court. Both cases involved high school students suspended for creating fake MySpace pages on their home computers ridiculing their principals.
The regulatory and legal landscape for data privacy is changing rapidly. Although these changes have not garnered much attention, say attorneys Satish M. Kini and Thomas S. Wyler, they deserve careful consideration by in-house counsel, privacy compliance staff and IT departments.
The Justice Department unlawfully recorded privileged phone calls between former Rep. Rick Renzi, R-Ariz., and his lawyers during an insurance fraud probe, a federal magistrate judge in Arizona ruled Thursday in recommending the recordings be suppressed. Magistrate Judge Bernardo Velasco found that prosecutors made false statements to the supervising judge, but is recommending that Renzi's motion to dismiss the indictment be denied, noting that the government's conduct "does not rise to the level of outrageousness."
When Kathleen Sullivan began practicing law about 30 years ago, there were no female litigation partners practicing at big firms. On Thursday, capping a career that has also included stints as a Harvard Law School professor and the dean of Stanford Law School, Sullivan became a name partner at Quinn Emanuel, marking the first time a woman's name is on the door of an Am Law 100 firm.
The U.S. House of Representatives voted Thursday to adopt four articles of impeachment against Eastern District of Louisiana Judge G. Thomas Porteous Jr., wrapping up a wide-ranging investigation into allegations that Porteous took cash and gifts from lawyers and lied in his own bankruptcy case. The stage is set for a trial in the Senate unless Porteous resigns from his seat. He has so far declined to do so, despite high-profile investigations by the House, the 5th Circuit Judicial Council and the Department of Justice.
Both appointed to the 9th Circuit in 1979 as part of a historic reshaping of the court, Stephen Reinhardt and Dorothy Nelson parted ways Thursday as Nelson handed Reinhardt a bitter defeat by siding with conservative Judge Carlos Bea in an opinion upholding the words "under God" in the Pledge of Allegiance. The ruling is the latest episode in a case that has brought scorn upon the 9th Circuit from across the country and has highlighted Reinhardt as an unapologetic -- yet increasingly solitary -- iconoclast.
The Federal Circuit has offered more guidance on willful patent infringement in a revised ruling in i4i Limited Partnership v. Microsoft Corp. The ruling upheld a lower court's $290 million patent judgment against Microsoft and found that Microsoft must stop selling an infringing version of Microsoft Word 2007. The holding is important because it said that, even if Microsoft had preserved its right to appeal the jury's willfulness verdict, there was sufficient evidence to sustain that verdict, said a lawyer for i4i.
A settlement has been reached by New York City and its contractors with plaintiffs in the more than 9,000 cases involving respiratory and other illnesses suffered by police, firefighters and workers who responded to the World Trade Center terror attacks and cleaned up the site. A federal judge is set to receive the parties today to discuss the settlement, which comes just two months before trial on 12 "bellwether" cases brought by plaintiffs who claim that the city and its contractors failed to warn and protect workers.
The independent examiner's report investigating the collapse of Lehman Brothers is out, and the snippets making early headlines suggest that the examiner, Jenner & Block Chairman Anton Valukas, spreads the blame around in a thorough 2,200-page report. The report, which cost $38 million to produce, points a finger at JPMorgan Chase, Citigroup and Lehman higher-ups, among other parties.
Montgomery Blair Sibley, best known for his representation of the late
"D.C. Madam," had his law license suspended for three years by the D.C.
Court of Appeals on Thursday. The court's decision is a reciprocal
disciplinary sanction that stems from a 2008 decision by Florida's
Supreme Court to pull Sibley's license in that state for three years
because he failed to pay more than $100,000 in child support and because
he repeatedly filed "vexatious and meritless" lawsuits against judges
who have been assigned his cases.
New York Attorney General Andrew Cuomo on Thursday appointed former Chief Judge Judith S. Kaye to take over his office's investigations of Gov. David Paterson for possibly misusing police personnel to intervene in an aide's domestic violence case and for improperly accepting Yankees tickets. Having concluded that an immediate resolution did not appear imminent, Cuomo said it was best to bring in someone like Kaye so there is no taint of conflict of interest while the AG is widely thought to be preparing a run for governor.
The D.C. Circuit on Thursday declined to rehear a major case on the rights of street demonstrators, sparking a worried dissent from one judge that the decision could have a chilling effect on political expression. The circuit let stand a ruling from November, in which a three-judge panel found that police had the right to arrest an entire group of marchers once some members of the crowd began to riot, even if officers never ordered the crowd to disperse.
A law firm that engaged a retiring judge in employment talks while he presided over one of its cases is not liable for damages to the other party, a New Jersey appeals court ruled Wednesday. The appeals court affirmed the dismissal of legal malpractice and deprivation of due process counts against Herten Burstein and attorney Thomas Herten. The court found no evidence the job offer caused the judge to rule in the firm's favor but ordered a new trial, concluding the judge's conduct had the appearance of impropriety.
A New York jury this week convicted the business partner of a Long Island lawyer who was shot and killed in the parking lot of a Korean restaurant in October 2008 for arranging the hit. Ronald Thornton was found guilty of first-degree murder and conspiracy in the death of James DiMartino, who worked for Nationwide Court Services. Thornton had constructed an elaborate plot to kill DiMartino, including conspiring with a stripper to recruit two men to carry out the killing for $8,000.
Chefs and restaurant owners have been opening new eateries in Oakland, Calif., right through the recession, and lawyers have been eager for a seat at the table. Local firms like Wendel, Rosen, Black & Dean are stepping up their marketing efforts and plumbing their personal networks to raise their profiles. Chef Daniel Patterson, who is married to Wendel Rosen associate Alexandra Foote, says word of mouth is invaluable in the tight-knit culinary community, noting, "Restaurateurs are not very lawyer-savvy."
Within the big pyramid that is the law firm are many little pyramids, each topped by a rainmaker, notes the Rodent. And it's vital that an associate cultivate one of these "pharaohs" who will advocate for him or her. An orphan associate is an eternal associate, says the Rodent.
While welcomed by the Haitian-American community, the temporary protected status granted by the Obama administration to Haitians living in the United States is turning out to have its pitfalls, say attorneys and paralegals. Among the problems: The status is good for only 18 months. After that, they say, what are the thousands of Haitians to do? Experts say there is no way the devastated country will be rebuilt by then.