3rd Circuit Rules on Patent Holders' Antitrust Liability in Qualcomm Case
In a decision that may increase competition in the cell phone industry, the 3rd Circuit held that a patent holder can be sued under antitrust laws for deceptive conduct toward an organization that sets uniform telecommunications standards. The ruling in the case, which accuses Qualcomm of intentional deception and of monopolizing markets for cell phone technology, is the first to address the issue. It reverses a lower court holding that Qualcomm had a legally sanctioned monopoly in its patented technology.
Sonnenschein Sued for Millions by Former Partner
While a partner with Sonnenschein Nath & Rosenthal, Douglas Rosenthal helped secure billions for the families of victims killed in the 1988 bombing of Pan Am Flight 103 over Lockerbie, Scotland. Rosenthal is now suing his former firm, claiming Sonnenschein violated its partnership agreement by underpaying him for work that brought the firm a windfall he estimates at more than $37 million. The case raises an interesting question: Just what is the proper relationship between a partner and his ex-firm?
Adelphia Discontinues Malpractice Case Against Deloitte & Touche After $167.5M Settlement
Adelphia Communications filed a motion Friday to discontinue its malpractice case for professional negligence against auditing firm Deloitte & Touche due to a $167.5 million settlement agreement between the companies reached this summer. With the settlement comes an end to a case that began in 2002 and still promises future litigation work for some of the attorneys involved -- a list that reads like a who's who of Philadelphia legal circles.
Orrick Attorney Puts Activism on Hold to Make Partner
Virginia Pearcy ran away from home and started college at age 14. She was accepted to law school just four years later. Along with her career as a big-firm associate, she's been at the center of some of the more controversial anti-war protests in the country and even let Cindy Sheehan live at her home for a year. Pearcy's journey in life has not been typical at any age or stage, but now the 30-year-old Orrick associate is tackling perhaps the most typical of lawyerly challenges: making partner.
School Districts Learning the Value of In-House Counsel
As their legal matters increase in frequency and complexity, a growing number of public school systems have hired in-house counsel. Schools face an array of legal issues that include negotiating contracts, firing teachers, expelling students, following federal and state requirements, seeking restraining orders, possibly even defending against suits by parents angry over cheerleading. Another big issue is security and safety, said Jack Lance, GC of a school district in Georgia that had a shooting in 1999.
Law Firms May Dodge Malpractice Bullet at Calif. High Court
Giving a client years more to sue a law firm for malpractice apparently didn't sound like such a swell idea to the California Supreme Court. Not even if that client continues to be represented by one of the firm's former lawyers. The idea got a cool reception Wednesday during oral arguments in a case that saw nine major law firms and two large county bar associations filing briefs as amici curiae to oppose the concept. California appellate courts are split on the issue.
Proskauer Swallows Paris Boutique in European Buyout Push
Proskauer Rose has absorbed Paris private equity boutique Schmidt Gicqueau Dumas Mull-Jochen, as the New York-based firm continues its European buyout push. The deal takes the number of partners in Proskauer's Paris arm to 15. The hires come after the firm last week announced that it is to make its long-awaited London debut after hiring former O'Melveny & Myers London chief Matthew Hudson to head the operation.
Federal Judge Delays Extradition of Noriega
A Florida federal judge Wednesday granted an emergency motion to delay Manuel Noriega's extradition to France after his lawyers accused the U.S. government of planning to sneak the deposed Panamanian dictator out of the country in the middle of the night. The judge also ordered both defense and government lawyers to produce evidence today on whether France intends to abide by the prisoner of war provisions of the Geneva Convention as they relate to Noriega.
Sen. Craig Vows to Stay in Office if He Can Withdraw Guilty Plea
Idaho Sen. Larry Craig launched a determined drive to save his seat on Wednesday, vowing to stay in office if allowed to withdraw his guilty plea in a men's room sex sting. The decision to deploy his legal team marked a reversal of his pledge to resign on Sept. 30, and raised the possibility of a protracted legal and political struggle, much of it playing out in public, with gay sex at its core. Lawyers not involved in the case have said Craig faces a difficult challenge.
King & Spalding, Alston & Bird Announce Plans for New Offices
King & Spalding and Alston & Bird have announced expansion plans, with King & Spalding opening a four-lawyer office in Frankfurt, Germany, and Alston acquiring a five-lawyer firm in Dallas. King & Spalding said in a press release that its fourth office outside the U.S. will respond to growing client demand in the areas of real estate capital markets, finance, corporate and tax. Alston said it was acquiring litigation firm Crews, Shepherd & McCarty as a "natural and logical step."
Acting AG Clement May Do Double Duty
It was business as usual at the Solicitor General's Office last week, which meant preparing for oral arguments and discussing cases with the boss -- even though the boss, Solicitor General Paul Clement, had just been named acting attorney general, starting when Alberto Gonzales leaves on Sept. 17. Lawyers who work with Clement say he won't be overloaded, even if he continues to argue Supreme Court cases in his new acting job. "If anyone in the world could do both jobs, it's Paul," says one.
2nd Circuit Upsets Conviction Over Defense Failure to Test Victim's Memory
A defense lawyer was found ineffective because he failed to inquire into the effects of blood loss and heavy sedation on the memory of a robbery victim who identified a defendant 11 days after the crime, a federal appeals court has ruled. The 2nd U.S. Circuit Court of Appeals vacated the conviction of Derrick Bell, who is serving 12 1/2 to 25 years in prison for the robbery and shooting of Brentonol Moriah in Brooklyn in 1996.
Companies, Courts Debate Whether ADA Applies to Web Sites
Does the Americans with Disabilities Act apply in cyberspace? Without clear guidance from the courts, companies are deciding for themselves. Some businesses have taken steps to make their Web sites more accessible to the disabled. But others have said that while they'll voluntarily alter their sites, they aren't required to do so by the ADA. RadioShack recently reached an agreement with advocates for the disabled. By contrast, Target and the National Federation of the Blind are still fighting in court.
Sanctions Dropped Against Ex-Kevorkian Lawyer Who Likened Judges to Nazis
A Michigan federal judge has sided with an outspoken lawyer -- known for representing assisted suicide advocate Jack Kevorkian -- on rules that sanctioned him for rants likening appeals court judges to Nazis. The judge declared unconstitutional rules requiring lawyers to treat everyone involved in the legal process with "courtesy and respect," calling them "overly broad and vague." The Michigan Supreme Court had reprimanded Geoffrey Fieger for appearing on radio shows and calling state judges "jackasses."
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