Legal Blog

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Like a pack of hounds, the Heller Ehrman estate and its creditors teamed up Friday to go for the jugular of the banks blamed for the firm’s bankruptcy. The creditors, with the estate’s support, are asking for standing to sue Bank of America and Citibank to get back $50 million Heller paid them in the [...]

Rumors that many Wolf Block attorneys may have carved out a deal to join Cozen O’Connor before the firm’s dissolution vote have caused ire among some Wolf Block attorneys and caused many in the community to describe the deal as the merger the two firms couldn’t get done in previous attempts. Leadership at both firms [...]

Two major publishers of health care data filed a petition Friday at the Supreme Court, raising cutting-edge questions about whether increasingly widespread data mining that is used for commercial purposes is protected by the First Amendment. The petition is an appeal of a controversial ruling last November by the 1st U.S. Circuit Court of Appeals. [...]

The decline in financial markets has caused some junior — and even some senior — lawyers to worry whether they might be better off in a different practice area. Attorney Steven C. Bennett warns that changing practice areas should not be a rushed decision, because it’s a change in your self-image. He discusses essential elements [...]

Proposed electronic discovery rules currently before the California Senate’s Committee on Rules significantly alter the treatment of “inaccessible” electronically stored information. Disaster recovery backup tapes, once deemed inaccessible, may enter the realm of accessible data.

Tags: accessible data, backup tapes, california rules, california senate, disaster recovery backup, information disaster

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The current state of the economy has turned the employment arena into a “buyers’ market.” This means employers can set higher standards and be more selective. Background checks can greatly help with the selection of a fitting candidate. Attorney Diane Krebs explores the guidelines and limits in three main areas in which employers may seek [...]

In a case involving an employer’s theft of e-mails from the personal account of an employee suing for sexual harassment, the 4th U.S. Circuit Court of Appeals held that a plaintiff must prove actual damages to be eligible for statutory damages under the Stored Communications Act.

Tags: actual damages, circuit court of appeals, communications act, court [...]

Chadbourne & Parke bankruptcy partner Joseph Smolinsky has agreed to move to the high-powered bankruptcy unit at Weil, Gothshal & Manges, say sources familiar with the move. Smolinsky is said to have a book of business in the millions, and sources say his move is a significant blow to Chadbourne’s bankruptcy group. Smolinsky has represented [...]

A student loan company accused of hiding fees in loan agreements cannot force the lead plaintiff in a putative class action into arbitration, a New York federal judge has ruled, finding the terms of the loan unconscionable. Joshua G. Fensterstock, a 2003 Hofstra University School of Law graduate and now an associate at Isaacs & [...]

In a memorandum sent to associates on Thursday, Weil, Gotshal & Manges announced it is reducing its summer program from 12 weeks to 10 weeks and deferring its incoming associate class to January 2010. Associates deferred until January will receive a $15,000 stipend in September from the firm. Weill is also extending to associates the [...]

Skadden Arps’ Washington, D.C., office and Gibson, Dunn & Crutcher’s U.S. offices confirmed layoffs last week. Due to economic reasons, Skadden’s D.C. office cut 25 staff positions and Gibson Dunn laid off 36 staff members across its nine U.S. offices. Also, 11 Skadden attorneys have left for new boutique Buckley Sandler, which was co-founded [...]

Former Covington & Burling staff attorney Yolanda Young has hired a new lawyer to represent her in the discrimination suit against her old firm. Latif Doman of Doman Davis, a small litigation and employment discrimination firm with offices in New York and Washington, will take the reins on the case, which has caused a stir [...]

Now that a lawyer has been arrested in connection with a bizarre real estate fraud that allegedly recruited straw buyers at a dominatrix club, he has standing to challenge the warrant that authorized a raid on his law office last month, his attorney said Thursday. On Wednesday, solo practitioner George O. Guldi was among seven [...]

Michael Hausfeld seems to have scored another victory in his ongoing battle with his old firm, Cohen Milstein Sellers & Toll. Since the law firm sent its antitrust star packing with a note taped to his office chair last November, Hausfeld has taken up arms in the way only a jilted law partner can: by [...]

Court records show that Bernard L. Madoff and his wife donated the seed money to a trust fund for a Brooklyn Law School student who is now suing Madoff’s brother for allegedly depleting the fund by paying other investors in a massive Wall Street Ponzi scheme. According to attorney Steven Schlesinger, his client did not [...]

In one of her first official acts as solicitor general, Elena Kagan recused in a brief filed with the Supreme Court on Wednesday in , an Arizona education case with civil rights implications. Normally, the SG is the counsel of record on such briefs, but instead, Deputy Solicitor General Neal Katyal was listed as the [...]

Fox Rothschild is continuing its traditional growth model of picking up small groups of attorneys in new markets as it prepares to open a Stamford, Conn., office April 1 with attorneys from the Dreier firm, which declared bankruptcy in mid-December. The move is considered an acquisition of Pastore Osterberg, a firm founded by attorneys who [...]

Until author John Grisham dove into the story behind the capital murder conviction, and eventual exoneration, of a minor league baseball player — the subject of his only nonfiction work, “The Innocent Man” — he had “never spent five minutes thinking about wrongful convictions.” But after researching and writing the story of the Oklahoma murder [...]

A New Jersey lawyer has just learned the hard way that a client’s seeming nonchalance over dismissal of her case due to the lawyer’s error doesn’t make for a license to conceal it from the malpractice insurer. A New Jersey federal judge ruled on summary judgment last week that Louis Barbone’s carrier had no duty [...]

The Pennsylvania Supreme Court has granted a county judge the authority to expunge the records of a “substantial number” of juveniles who appeared before former Luzerne County President Judge Mark A. Ciavarella Jr. between 2003 and 2008. The government alleges that Ciavarella and fellow former Luzerne County President Judge Michael T. Conahan took more than [...]

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