Federal judge blasts top IP litigators
Legal Times
Two of the San Francisco Bay Area's most prominent intellectual property (IP) litigators were excoriated this week by a federal judge for allegedly misleading jurors in a patent infringement trial. McDermott Will & Emery's Terrence McMahon and Vera Elson were chastised for "abuse of advocacy" in the trial judge's Tuesday order requiring the firm and its client to pay the opposing side's attorney fees.
Colorado US District Judge Richard Matsch's ruling comes in a patent fight between medical device companies in which McDermott's client Medtronic accused BrainLAB of infringing on technology used to control surgical instruments. Matsch said the McDermott lawyers willfully ignored his rulings on claim construction in their arguments before a Colorado jury in 2005. In patent cases, those orders define the scope of the patents and, therefore, what the plaintiff's lawyers can argue for infringement.
Duane Morris defeats claim of malpractice
Legal Intelligencer
A Philadelphia jury Wednesday (13 February) cleared Duane Morris of a claim of legal malpractice for its representation of a former client in settlement negotiations, according to attorneys in the case. Joseph Adlerstein sued Duane Morris in 2004 after he failed to receive $1.6m of a $1.8m settlement with his former company, SpectruMedix. He claimed the firm committed legal malpractice by failing to ensure the settlement agreement included some form of security in the event SpectruMedix didn't pay up.
Facebook makes friends with new law firms
The Recorder
A lot has changed for high-flying Facebook in the last year - including its outside corporate lawyers. Since the early days, when the social networking website was just a start-up run by a couple of college kids, Orrick Herrington & Sutcliffe lawyers from Menlo Park, California, had guided Facebook in its business dealings.
But last fall, just before Microsoft put $240m into Facebook, valuing it at $15bn, the company brought on Fenwick & West to do its corporate work. The move not only gives Fenwick bragging rights to the Web 2.0 poster-child but probably a good deal of legal work down the road, especially if the company decides to go public.
NY high court approves derivative lawsuits for LLCs
New York Law Journal
Derivative suits may be brought by members of limited liability corporations on behalf of their LLCs, even though state law provides no explicit authorisation for such actions, a divided New York Court of Appeals ruled Thursday (16 February).
The four judges in the majority held that English and American precedents dating back to the 18th century demand that LLC members receive the same legal recourse as is available to corporate shareholders.
Exxon spill award hits Supreme Court
Legal Times
When he filed the first major lawsuit after the 1989 Exxon Valdez oil spill, famed California lawyer Melvin Belli proclaimed, with a measure of glee: "There will be native Alaskans, sea otters, beavers marching into court for years on end. It'll never be over."
Hyperbole aside, Belli has been proven right. No sea otters have been spotted, but lawyers are certainly still marching into court. On 27 February they'll be at the Supreme Court arguing what could be the final chapter of the legal wrangling over the damage caused by the spill. Arguments in Exxon Shipping Co v Baker will focus on a $2.5bn verdict awarded against the oil company on behalf of a class of more than 32,000 commercial fishermen, Native Alaskans and other individuals and businesses harmed by the accident, which spilled 11 million gallons of crude oil into Prince William Sound.
Battle erupts over handling of trial lawyer's $55m estate
Legal Intelligencer
An ugly dispute has erupted among the five children of the late, legendary trial attorney James Beasley Sr, pitting the two daughters from his first marriage against the son and two daughters from his second marriage in a battle over the handling of his $55m estate. The court battle promises to be even more explosive because the elder sisters are represented by a disgruntled former Beasley Firm attorney who has his own lawsuit pending against the firm.
Mukasey Reviewing Work on Iraqi Judicial System During Mideast Trip
Associated Press
America's top lawyer met the head of Iraq's judicial council on Wednesday (15 February) during a quick trip to Baghdad to review US efforts to help build the nation's legal system.
Attorney General Michael Mukasey also met with top US officials in Iraq, as well as soldiers and some of the more than 200 US Justice Department officials currently there working on the so-called "rule of law" mission.
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