Archive for November, 2007

Former KLA General Counsel Finds Life After Backdating

Backdating looked like the kiss of death for general counsel whose companies were caught up in the scandal. But Stuart Nichols has defied the dire predictions. The former KLA-Tencor general counsel, who stepped down in late 2006 after the company admitted to improperly backdating stock options, has landed the top legal spot at MIPS Technologies Inc., the company announced Monday. Observers say Nichols may be the first general counsel to land a new job after leaving a company seriously tainted by backdating. No comments

Supreme Court Argument Report: Can Trusts Deduct Fees for Investment Advice?

The Supreme Court heard argument Tuesday in a case concerning whether fees for investment advice incurred by a trust are deductible under an Internal Revenue Code provision governing costs paid in connection with the administration of a trust that "would not have been incurred if the property were not held by a trust or estate." The justices debated whether investment adviser fees for fiduciaries are different from adviser fees paid by individual investors. No comments

No Quick End for Sexual Harassment Case Against Jackson & Campbell

It looks as though there won't be a quick end to the sexual harassment case filed against Jackson & Campbell, partner Robert Rider Jr., and the firm's current and past leadership. The defendants' motions to dismiss have been denied in D.C. Superior Court. The plaintiff, former firm partner Elisa Eisenberg, claims that Rider groped her at a party hosted by a major client of the firm. According to court papers, the incident was so traumatic that Eisenberg says it amounted to career-ending assault and battery. No comments

Drinker Biddle Acquires Employment Boutique in Chicago

Drinker Biddle & Reath's expansion mode didn't end with the acquisition of 170-lawyer Chicago firm Gardner Carton & Douglas in January. The firm announced Monday that it would acquire 13-attorney employment law boutique Connelly Sheehan Harris in Chicago, effective Feb. 1, 2008. The combination will continue the firm's growth in the area of human resource law, particularly on the litigation side. Drinker Biddle has been growing across the country, and will now surpass the 675-attorney mark. No comments

China’s Merger Law Raises Concern

Despite an attempt to allay fears about his country's foreign investment law, a Chinese official has managed to spark new concerns among U.S. antitrust lawyers. Cheng Siwei, vice chairman of the Standing Committee of the National People's Congress, reportedly told a forum in Beijing that some 20 regulations will accompany the anti-monopoly law. A U.S. government antitrust lawyer said there are "concerns that these laws will be used to restrict or block some acquisitions of Chinese assets." No comments

3rd Circuit Changes Direction in ‘DuPont’ Environmental Cleanup Case

The 3rd Circuit has decided to change direction in a closely watched environmental case. In , the 3rd Circuit had held that a polluter that voluntarily cleans up a toxic waste site cannot later seek contributions from the federal government. But on remand from the U.S. Supreme Court, and after consideration of a recent high court decision, the 3rd Circuit has ruled that the suits brought by DuPont and other companies against the U.S. must be revived. No comments

Jury: CNN Didn’t Discriminate by Not Renewing Contract

A federal jury in Atlanta has determined that CNN did not engage in either race or age discrimination when it declined in 2003 to renew the contract of a CNN International roaming anchor. The jury said in post-trial interviews that they found virtually no evidence to suggest that former anchor Marina Kolbe had been let go in order to replace her with younger or minority on-air talent. The jury expressed sympathy for Kolbe, though, with the forewoman saying, "There was no question they [CNN] did her wrong." No comments

Novelty Song About Reindeer-Trod Grandmother Leads to Multimillion-Dollar Lawsuit

A feud involving the man who sang "Grandma Got Run Over By a Reindeer" could wind up in court, just in time for Christmas. Elmo Shropshire was sued for breach of contract Monday by a company that claims he interfered in a deal to sell musical trucks, bobblehead dolls, snow globes and cookie jars featuring characters from an animated show based on the song, which has become an oddball holiday favorite over the past 30 years. The lawsuit seeks at least $2 million in damages. No comments

Law Firms Face New Rules on Retirement

With hordes of attorneys set to assume senior status, achieving a consensus to ditch mandatory retirement policies is just the first step in switching to what many call a fairer system. Kirkpatrick & Lockhart Preston Gates Ellis recently did it, as did Pillsbury Winthrop Shaw Pittman, and others are expected to follow. While these firms say deciding to abandon age-based retirement was relatively painless, implementing a merit-based system for evaluating older attorneys will not be a simple feat for most. No comments

JDS Uniphase Scores a Win in Securities Case

The first securities class action to go to verdict in the Northern District of California since 2002 ended with a defense verdict Tuesday -- just like the one in 2002. This time, JDS Uniphase and four of its executives snatched a complete win, ending plaintiffs' dreams of up to $18 billion in damages. Investors accused the JDS defendants of misrepresenting the true health of the telecom company in 2000 and 2001, resulting in an artificially inflated stock price. No comments

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