Lawyer - News

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 months leading up to its bankruptcy. And while lawyers for both sides begged, cajoled and argued for more than an hour, the bankruptcy judge in the case said he was still "on the fence" and didn't rule on the motion Friday. No comments

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 say there was never a deal in place prior to the vote, and sources have said there was in fact a commitment on behalf of Cozen O'Connor not to recruit from Wolf Block prior to any dissolution vote. No comments

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. One of the amicus groups planning to file a brief in the coming weeks says the law could threaten all forms of data collection and publishing. No comments

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 of making a successful shift in practice areas, some of the challenges you might face, and practical suggestions once you've decided a new practice area is right for you. No comments

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. No comments

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 to conduct inquiries beyond simply work experience or required degrees or certifications: criminal history, creditworthiness and general character. No comments

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. No comments

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 such high-profile debtors as Orion Pictures and has advised Citicorp, a lender/creditor in one of the 10 largest Chapter 11 bankruptcies of 2008. No comments

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 Associates in Manhattan, sued the lender and a loan processing company in 2008 over terms in his student loan that he claimed would cost him thousands of unforeseen dollars. No comments

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 option of taking a one-year deferral at a "firm-approved public service or pro bono position" -- for an additional $75,000. No comments