FROM LAW.COM

TODAY'S STORIES - Monday, April 21, 2008

Spotlight

Federal Circuit Tosses Out $104 Million Patent Verdict in DirecTV Case
The Recorder

Sunnyvale, Calif.'s Finisar was sitting pretty two years ago with $104 million in damages from a patent infringement case against DirecTV in the Eastern District of Texas. But on Friday, the U.S. Court of Appeals for the Federal Circuit threw out the verdict because terms used to describe the patent at issue were interpreted too broadly by the district court. The case is now headed back to Texas for another go-around.

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Study Shows State Courts Vacating Many Arbitration Awards for Employees, but Not for Employers
The National Law Journal

As consumer, employee and other groups carefully build momentum in Congress for changes in the nation's arbitration landscape and business groups just as carefully organize their opposition, a new empirical study reports a "disturbing trend" at the state level: state courts vacating many arbitration awards for employees, but not for employers. The study, focusing on federal and state court review of employment arbitral awards, reflects a sense of "snowballing futility for employees," says the author.

Former Clients Sue Howrey After Alleged Patent Deal Sours
Texas Lawyer

Two former clients have sued Howrey partner Michael S. Dowler and the firm, alleging breach of fiduciary duty after an alleged deal to buy a patent for $1 million went sour. The plaintiffs allege that Dowler was their lawyer in a variety of patent matters and that he brought a patent to them for potential purchase, demanded an "under the radar" verbal deal for 50 percent of net profits to be derived from the patent and breached his fiduciary duty by misrepresent[ing] the value of the patent."

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More Stories

Shearman to Shake Up Top-Level Management Structure Legal Week Shearman & Sterling is due to make a number of changes to its senior management structure, streamlining its main decision-making body and appointing New York bankruptcy partner Fred Sosnick to the new role of management team coordinator. According to an internal memo seen byLegal Week, the international executive group will be reduced from six partners to three. Judge Throws Out Negligence Action Stemming From Fifth-Grade Graduation Melee New York Law Journal A New York judge has thrown out a negligence action filed against New York City by a woman who allegedly suffered a torn shoulder ligament when a minor melee broke out at her son's overcrowded fifth-grade graduation ceremony. The judge held that a security guard's actions, not the city's alleged failure to properly supervise the event, was the proximate cause of her injuries. According to news accounts, bedlam ensued when as many as 3,000 people showed up at the auditorium, which had a capacity of 489. Herbert Smith Tries More Management The American Lawyer For the last 15 years the U.K.'s Herbert Smith has been one of the few international firms in London without a managing partner. That ended last week when the firm appointed corporate partner David Willis to that position. Willis, who spent four years running the firm's practice in Asia in the late 1990s, steps in as senior partner David Gold's managerial sidekick. The move puts Herbert Smith closer to the norm among U.K. firms, which tend to put more resources into management than U.S. firms. Chief Justice Roberts Presides at Columbia University Moot Court The Associated Press Chief Justice John Roberts grilled the counselors on their oral arguments, pushed for answers on policy questions and interrupted speeches for clarification on law. But this was no regular appeals hearing; it was a moot court competition at Columbia University School of Law on Thursday. The event was in an auditorium packed with students and faculty eager to catch a glimpse of Roberts, who was hard on the competitors but also cracked jokes and offered insight and advice to the budding lawyers. Former Legal Colleagues Now Adversaries in Pa. Democratic Primary, but With a Common Goal The Legal Intelligencer Two former colleagues on election law matters are finding themselves in opposing camps for Pennsylvania's Democratic primary. Mark Aronchick is state co-chairman for Hillary Clinton's presidential campaign, while John P. Lavelle Jr. is the state election counsel for Barack Obama's campaign. Because most of the lawyers working with the two candidates know each other, Aronchick predicts that, even if primary day problems arise, people won't be "running around trying to score points or going to courts." Webb to Head DLA Abu Dhabi Team Legal Week DLA Piper is to formally launch in Abu Dhabi later this month, with projects and finance partner Stephen Webb -- currently based in the firm's Dubai outpost -- appointed office managing partner. The new office is expected to have around 10 lawyers by the end of the month, including three partners. In addition to focusing on projects work, Webb expects the office to cover corporate and construction work as well as media and film financing issues. For Its Anniversary, Small Calif. Firm Donates $125,000 to Food Bank The Recorder Instead of rocking out over cocktails and caviar, Oakland, Calif.'s Fitzgerald Abbott & Beardsley celebrated its 125th anniversary by handing the Alameda County Community Food Bank a check for $125,000. In two shifts one day, lawyers and staff in jeans and FAB T-shirts volunteered in the warehouse, sorting food and packing up boxes for distribution to needy families in the area. One associate says he was shocked when he heard his 32-lawyer firm was donating about what a fifth-year associate earns in a year. Visit Small Firm Business IBM Bid Suspension Rattles Contractors Legal Times When the EPA suspended IBM from seeking federal contracts due to alleged bidding violations, the move rattled contractors and lawyers for the industry. It's almost unheard of for a major company to face suspension without being notified it is in jeopardy, says Rand Allen, chairman of Wiley Rein's government contracts practice. The suspension was also a jolting reminder of what others might face if a souring atmosphere for contractors in Washington results in more investigations or stiffer penalties. Visit In-House Counsel E-Discovery Keeps an Eye on the Job New York Law Journal A plethora of articles parade the horribles awaiting counsel and client who fail to preserve and produce electronic data in discovery. But in employment litigation, all is not "gloom and doom," says Littler Mendelson's A. Michael Weber, who recommends that employers exercise caution. Visit Legal Technology Commentary: I Like My Professional Uniform The National Law Journal While Womble Carlyle litigator Pressly Millen is no clotheshorse -- he often gets help from his family matching a tie to the rest of what he's wearing -- he has some strong views on what constitutes appropriate attire for a lawyer. He's watched the evolution of what lawyers wear for the past 25 years and is not a fan of the trajectory. Millen just can't imagine a client would feel comfortable forking over $500 an hour to the attorney who looks like he's going to hit the links immediately after the meeting. Visit Large Law Firm

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