Archive for August, 2009

10th Circuit: Court Reporter Not Entitled to Fee for Copied Transcript

Monday, August 31st, 2009
A federal appeals court has ruled against a court reporter seeking a “missed fee” from a lawyer who obtained a transcript of a court hearing at a lower price from the city of Albuquerque. In an unpublished decision, the 10th U.S. Circuit Court of Appeals said the court reporter is not entitled to a fee for a copy of a transcript obtained by independent means from another source, the Exclusive Rights blog reports. The Denver-based court said a contrary ruling would effectively give court reporters a copyright in a mere transcription of others’ statements. The court issued the opinion (PDF…

Judge Overturns Conviction of Lori Drew in Cyberbullying Case

Monday, August 31st, 2009
A federal judge has overturned the misdemeanor conviction of a Missouri mother accused of helping to drive a neighboring teen to suicide by posing as a teenage boy who wooed then rejected the girl on MySpace. U.S. District Judge George Wu ruled Friday in the case of Lori Drew that violating a website’s terms of use was not enough to sustain a conviction under a federal law barring access to computers without authorization, the Volokh Conspiracy reports. Drew was convicted under the law’s misdemeanor provisions but acquitted of more serious felony charges that required the computer user to violate the…

DA Drops Arson Charges Against Wife of Texas Supreme Court Justice

Monday, August 31st, 2009
Prosecutors have dropped arson charges against the wife of Texas Supreme Court Justice David Medina. Francisca Medina had been charged in a 2007 fire that destroyed the couple’s home, but prosecutors say experts can’t rule out the possibility that electrical problems caused the blaze, according to the Associated Press and the Houston Chronicle. Medina’s lawyer, Dick DeGuerin, told the Chronicle that two defense experts collected more evidence than the fire marshal’s office, and it indicates an arson fire, although the findings aren’t conclusive. A form filed by the Harris County District Attorney’s office said experts for both sides couldn’t rule…

Authorities Tipped in ‘06 Didn’t Find 1991 Child Kidnap Victim Until Now

Friday, August 28th, 2009
Following stunning news this week that an 11-year-old girl kidnapped from a school bus stop in front of her home in 1991 had been found alive after allegedly being held captive for 18 years by a convicted sex offender and his wife in their backyard came more stunning news today, according to the New York Times. Authorities were tipped in late 2006 that suspect Phillip Garrido, who is now 58, had a tent in his backyard in which people, including young children, were living, Contra Costa County Sheriff Warren Rupf said at a news conference today. “The caller also said…

Investors Sue Proskauer & Partner Over Alleged Conspiracy With Stanford

Friday, August 28th, 2009
Investors who lost money in R. Allen Stanford's alleged $7 billion Ponzi scheme run under the guise of a banking operation based in Antigua have reportedly filed a class action against Proskauer Rose and partner Thomas Sjoblom. Filed yesterday in federal court in Dallas, it alleges that the firm participated in a conspiracy to perpetrate the massive fraud, reports the Am Law Daily, based on an article in the National Law Journal. The plaintiff investors are seeking class action status. The law firm says it had no involvement in Stanford's alleged Ponzi scheme and says there is "no basis whatsoever"…

Antitrust Chair, 4 Other Partners Leaving Cooley Following Climan’s ‘Long Goodbye’

Friday, August 28th, 2009
Craig Waldman, who chairs the antitrust practice at Cooley Godward Kronish is leaving the firm, along with another antitrust partner, Michael Knight, to join Jones Day. Meanwhile, the firm has also lost three other partners since the much-publicized "long goodbye" earlier this summer of mergers and acquisitions star Richard Climan, according to a Recorder article reprinted in New York Lawyer (reg. req.). Corporate partners John Brockland and Jane Ross are departing for Dewey & LeBoeuf, where they will be joining Climan and two other former Cooley corporate partners, Keith Flaum and Eric Reifschneider, who moved to the firm with Climan…

Accused Record ID Theft Mastermind to Plead Guilty in 2 Earlier Cases, Feds Say

Friday, August 28th, 2009
A 28-year-old Florida resident accused of masterminding what authorities say is the largest-ever computer hacking and identity theft case is expected to plead guilty in two earlier cyberfraud conspiracy cases, prosecutors say. Paperwork filed in federal court in Boston today states that Albert Gonzalez will plead guilty by Sept. 11 to 19 felony charges including conspiracy, wire fraud and aggravated identity theft, according to the Associated Press, the Blog of Legal Times and the Miami Herald. The two initial cases against Gonzalez, in federal court in New York and Boston, will now be combined in Boston, and the 19-count plea…

Obama’s ‘Pay Czar’ Made $5.76M Last Year as a Law Firm Partner

Friday, August 28th, 2009
The Obama administration’s “pay czar” Kenneth Feinberg knows a thing or two about big paychecks. Feinberg earned $5.76 million last year as a partner at the Washington, D.C., law firm Feinberg Rozen, Reuters reports. His assets, including two homes each worth more than $1.5 million, are valued at between $11 million and $37 million. Feinberg will review proposed compensation plans for the highest-paid employees of seven companies in the U.S. Treasury's Troubled Asset Relief Program. He is working for free in the government position.

Ex-NY Judge Convicted of Trying to Shake Down Lawyers

Friday, August 28th, 2009
A former New York judge from Albany County has been convicted of trying to shake down lawyers to pay for his legal bills in a judicial conduct investigation. Former Judge Thomas Spargo was convicted Thursday of attempted extortion and soliciting a bribe, according to the New York Law Journal and the Albany Times Union. He was accused of soliciting thousands of dollars from three personal injury lawyers who appeared before him. In one case, Spargo was accused of seeking $10,000 from a lawyer in 2003 and telling him his cases could be in jeopardy if he didn’t cooperate. Prior coverage:…

Law Firm Leaders: Why Hire Summers When Laid-Off Lawyers Are Available?

Friday, August 28th, 2009
Two leaders of Ohio law firms that cut their summer associate programs next year explain their decision in part with this sad fact: There is a lot of unemployed talent to choose from, if the need arises. The law firms—Roetzel & Andress and Brouse McDowell—are among four Ohio law firms that have eliminated 2010 summer programs because of the poor economy, according to Crain’s Cleveland Business (sub. req.). The others are Squire, Sanders & Dempsey and Thompson Hine. Christopher Carney, chairman of the hiring committee at Brouse McDowell, told Crain’s that the firm is trying to be flexible, and doesn’t…