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The U.S. Court of Federal Claims ruled Friday that thimerosal-containing vaccines do not cause autism, rejecting a second theory advanced by plaintiffs lawyers who blame the injections for contributing to the developmental disorder in children. The rulings in three test cases mark the second defeat for plaintiffs lawyers who are litigating autism-related claims in the federal claims court in Washington. More than 5,500 families have filed claims in the Federal Vaccine Compensation Program.
In rejecting the bulk of New York's content-based restrictions on attorney advertising, the 2nd U.S. Circuit Court of Appeals held Friday that a ban on the use of nicknames like "Heavy Hitters" or client testimonials about pending cases violates the First Amendment. The circuit also held that preventing lawyers from employing special effects or portraying a judge in an ad did not "materially advance" the state's interest in prohibiting misleading speech.
In large, multinational organizations, implementing a legal hold is difficult, says consultant Brett Burney. It can be impossible to know exactly where data resides, and tracking hold notices for several thousand employees can be quite hopeless, but now PSS Systems Atlas can assist.
Thomas Russo's old life as GC of the collapsed Lehman Brothers is in the news again with the release of the bankruptcy examiners' report. Russo and Lehman's legal department weren't blamed for accounting chicanery, according to the report. But it shows they were involved in negotiations with other financial institutions as the bank fought for its survival, and it makes clear Russo's aversion to even preparing for Lehman's eventual bankruptcy filing, believing it would set up a "self-fulfilling prophecy."
Washington Mutual's estate has reached a proposed settlement with JPMorgan Chase and federal regulators that will result in the return of $4 billion in deposits and nearly $2 billion in other cash that will be used to pay WaMu creditors, according to lawyers involved in the matter. As part of the proposed settlement, which still requires bondholder approval, the bankrupt WaMu estate agreed not to pursue claims against JPMorgan and the Federal Deposit Insurance Corp. over the bank's collapse.
Anyone who hoped commercial litigation would help law firms weather the recession was surely disappointed last year. That's judging by recoveries that National Law Journal affiliate VerdictSearch counted among its Top 100 Verdicts of 2009. Commercial verdicts, including breach-of-contract recoveries, fell from $1.4 billion in 2008 to just $421 million last year. One reason for the drop: Corporate clients worked to control costs by waiting to file suits -- a trend apt to continue for the first half of this year.
The regulatory and legal landscape for data privacy is changing rapidly. Although these changes have not garnered much attention, say attorneys Satish M. Kini and Thomas S. Wyler, they deserve careful consideration by in-house counsel, privacy compliance staff and IT departments.
While welcomed by the Haitian-American community, the temporary protected status granted by the Obama administration to Haitians living in the United States is turning out to have its pitfalls, say attorneys and paralegals. Among the problems: The status is good for only 18 months. After that, they say, what are the thousands of Haitians to do? Experts say there is no way the devastated country will be rebuilt by then.
Within the big pyramid that is the law firm are many little pyramids, each topped by a rainmaker, notes the Rodent. And it's vital that an associate cultivate one of these "pharaohs" who will advocate for him or her. An orphan associate is an eternal associate, says the Rodent.
Chefs and restaurant owners have been opening new eateries in Oakland, Calif., right through the recession, and lawyers have been eager for a seat at the table. Local firms like Wendel, Rosen, Black & Dean are stepping up their marketing efforts and plumbing their personal networks to raise their profiles. Chef Daniel Patterson, who is married to Wendel Rosen associate Alexandra Foote, says word of mouth is invaluable in the tight-knit culinary community, noting, "Restaurateurs are not very lawyer-savvy."
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