Thursday, October 18, 2007

Night at the Museum

Among corporate governance scandals, the J. Paul Getty Trust's stood out. An investigation by the California attorney general's office led to the appointment of a monitor, apparently the first time one has been named to oversee a nonprofit organization. But then-GC Peter Erichsen's proactive response to Getty's corporate governance problems is also noteworthy. Erichsen volunteered full cooperation and embraced reform, turning the AG's iron fist into a velvet glove.

Funding Woes Halt Trial of Accused Courthouse Killer

Wednesday's abrupt halt to jury selection in the Brian G. Nichols murder trial -- on defense lawyers' claims that they were inadequately funded -- was met with frustration by lawmakers critical of how much the defense has already spent. While state legislators blasted the judge in the case, Fulton County agreed late Wednesday to the judge's order to pick up the bill for one of Nichols' lawyers, who will be paid $175 per hour -- $80 more than state capital defenders are typically paid.

Lanier Opens L.A. Office

Products liability plaintiffs lawyer W. Mark Lanier will open a new Los Angeles office focusing on litigation, primarily in the areas of asbestos exposure, intellectual property, pharmaceutical liability and maritime law. Lanier, who recently scored several verdicts against Merck & Co. and obtained one of the largest asbestos verdicts in U.S. history, plans to manage the L.A. office from Houston, where he lives.

Tuesday, October 16, 2007

N.Y. Lawyer Charged With Forging Judge's Name on Order

What started as a dispute between neighbors over a swimming pool has led to the arrest of a Long Island, N.Y., attorney. Laurence S. Jurman allegedly forged the name of Supreme Court Justice William Rebolini to a judicial order in a civil lawsuit filed as the result of the dispute. Last week, Jurman, appearing without counsel, pleaded not guilty to a single count of criminal possession of a forged document in the second degree, a felony punishable by up to 7 years in prison.

Reno Jury Awards $99 Million in Punitives in Wyeth Drug Case

Jurors awarded $99 million in punitive damages Monday to three Nevada women who claimed hormone replacement drugs distributed by Wyeth caused their breast cancer. The jury had issued a $134.5 million judgment against Wyeth last week, but Judge Robert Perry cut that to $35 million after it became clear some of the jurors mistakenly believed that award was to include punitives. The judgment remains the largest award to date against the company, which faces about 5,300 similar suits across the country.

In-House Counsel, Beware!

In a wake-up call for all lawyers -- inside and out -- the Department of Justice has brought a case under the False Claims Act against Christi Sulzbach, the former GC of Tenet Healthcare, seeking millions of dollars based upon her actions as chief compliance officer. The case offers an enlightening -- and frightening -- look at the cumulative impact of some important trends in corporate enforcement in the past two decades. Attorney Dan Small asks if this is sensible targeting or government overreaching.

Law Students Navigate Interviews and Cross-Country Travel to Get a Clerkship

For many third-year law students seeking a federal appellate clerkship the process is chaos, a 36-hour binge of interviews, dropped calls, letdowns and, with any luck, a job offer or two. The federal judiciary's effort to introduce some sanity into the hiring scheme has faltered, not least because judges, absent their robes, are fiercely competitive when it comes to selecting clerks. And a lot of those judges have agreed to disagree with hiring guidelines, says 10th Circuit Judge Michael McConnell.

Judge Dismisses Malpractice Suit Arising From Dueling Holocaust Claims

A New York federal judge has tossed out a legal malpractice suit arising from competing Holocaust restitution claims. Nieces and nephews of a Jewish publisher and art collector and his wife, who both died in 1930s Germany, sued their ex-lawyer, claiming his errors caused them to have to share restored property and funds with another claimant. But the judge granted summary judgment to the lawyer, finding that the relevant German restitution law would not have permitted the nieces and nephews a full recovery.

Weiss Pleads Not Guilty in Kickback Case, but Lazar Agrees to Plea

Appearing Monday in federal court, Milberg Weiss co-founder Melvyn I. Weiss pleaded not guilty to charges that he orchestrated a conspiracy to pay kickbacks to individual plaintiffs in securities class actions. While Weiss has pledged to clear his name, one of his few remaining co-defendants prepared to plead guilty. Lawyers for Seymour Lazar, one of the individual plaintiffs who allegedly received kickbacks from Milberg Weiss, said Monday their client had reached an agreement with prosecutors.

Federal Judge Unclots Path for Deep Vein Thrombosis Suits Against Airlines

Deep vein thrombosis has never become the windfall "asbestos of the air" that eager plaintiffs attorneys had predicted. But in a Friday decision, a San Francisco federal judge renewed the hopes of air travelers -- and their attorneys -- who say airline screw-ups resulted in life-threatening blood clots. Northern District of California Chief Judge Vaughn Walker wrote that in cases alleging an unforeseeable circumstance -- rather than a failure to alert passengers to DVT -- the claims may move forward.