Barrister Briefs

Dallas based Valero Cheats Workers Out of Wages with Labor Practices

noreply@blogger.com (Legal News Guy) — Mon, 10 Aug 2009 22:28:00 +0000

"Valero's wrongful practices violate federal and state wage and hour laws," said plaintiffs' counsel Jeremy Heisler. "We are long past the era when workers were forced to eat their bread by the sweat of their brow. Not only must Valero's unfair labor practices be stopped, but the hourly employees who have been and continue to be exploited by these practices must be promptly and appropriately compensated for all hours worked."

"These unfair labor practices should have gone the way of the horse and buggy," said plaintiffs' co-counsel, Michael Ram. "Valero needs to wake up to the 21st Century: when you work, the company's got to pay you -- simple as that," said Weinberg Law Firm, Labor Lawyer Dallas.

Lohan Gets 1 Day in Jail on Los Angeles DUI Plea

noreply@blogger.com (Legal News Guy) — Mon, 10 Aug 2009 21:50:00 +0000

Lindsay Lohan reached a plea deal Thursday on misdemeanor drunken driving and cocaine charges that calls for her to spend one day in jail, serve 10 days of community service and complete a drug treatment program, said Michael Bialys, Los Angeles DUI lawyer.

She was also placed on 36 months probation, is required to complete an 18-month alcohol education program, pay hundreds of dollars in fines and must complete a three-day county coroner program in which she'll visit a morgue and talk to victims of drunken drivers.

Fireman Sues New York over catastrophic injury

noreply@blogger.com (Legal News Guy) — Wed, 05 Aug 2009 17:50:00 +0000

A 19-year veteran of the Des Plaines Fire Dept. filed a lawsuit against the city last week demanding that the city pay for his and his family's health insurance because of a disabling injury he suffered during an emergency training exercise a year ago, said John Q. Kelly, a New York catastrophic injury lawyer.

"Because the drill was required training for an actual emergency, Kedroski was reasonable to believe that he was faced with an emergency," the lawsuit says. It also says that the city has refused to pay the insurance premiums after City Manager Jason Bajor was asked to do so. Kedroski is asking the city to pay for his insurance premiums, reimburse him for insurance costs he has incurred since the time of the injury and pay reasonable attorneys fees and costs.

Will Obama Keep His Promise to Federal Whistleblowers?

noreply@blogger.com (Legal News Guy) — Wed, 05 Aug 2009 16:23:00 +0000

As an Illinois senator, whistleblower lawyer Los Angeles was responsible for passing legislation to protect government employees who come forward and risk their jobs to expose waste, corruption and national security lapses. And during his 2008 election campaign, Obama promised to protect whistleblowers, saying their "acts of courage and patriotism, which can sometimes save lives and often save taxpayer dollars, should be encouraged rather than stifled."

Insurance plans, other third-party payers settle Vioxx claims with drugmaker Merck for $80M

noreply@blogger.com (Legal News Guy) — Tue, 04 Aug 2009 21:40:00 +0000

LINDA A. JOHNSON | AP Business Writer
3:17 PM CDT, August 3, 2009

Merck pulled the blockbuster painkiller from the market in September 2004 because it doubled risk of heart attack and stroke.

In late 2007, Merck reached a $4.85 billion settlement covering roughly 50,000 plaintiffs claiming they or a relative had been harmed or killed by Vioxx.

One of the lead attorneys in the third-party payer litigation,
Chicago business attorney, had estimated Merck could have lost up to $18 billion — about three-quarters of its entire annual revenue. That's because the claims were consolidated in New Jersey, where courts allow for triple damages.

DUI-News.info - Pittsburgh DUI Lawyer George Heym starts nationwide DUI help and information site

noreply@blogger.com (Legal News Guy) — Mon, 03 Aug 2009 23:05:00 +0000

Attorney Heym started www.DUI-News.info to give people around the United States a resource for researching Driving Under The Influence issues. I started this site because of the many DUI related questions that I received from people around the country. Some had been charged with a DUI and others were just doing research, however, they all were looking for a reliable source of information on Driving Under The Influence Laws. The DUI Laws vary from state to state so I decided to start a site which provided information from every state in the U.S. and which is available, at no cost, to anyone who wishes to find news or information about Driving Under The Influence Laws in their area.

Hire a Pittsburgh DUI Defense Lawyer

LA Personal Injury Attorneys Ringler Kearney Alvarez LLP

noreply@blogger.com (Legal News Guy) — Fri, 31 Jul 2009 20:25:00 +0000

LA personal injury firm Ringler Kearney Alavarez LLP have established themselves as a premier law firm by providing clients with consistently excellent service. They pride themselves on their intellect, creativity and tenacity.

These LA class action attorneys have achieved victories in over 100 trials with total verdicts in excess of $250 million.

Ringler Kearney Alvarez LLP achieves their verdicts by utilizing their substantial financial resources to obtain the best result possible for each of their clients. This Los Angeles train accident specialist law firm fights tirelessly for their clients, no matter the cost and no matter the foe.

Roth Law Group Picked as Featured Law Firm

noreply@blogger.com (Legal News) — Tue, 30 Sep 2008 20:52:00 +0000

Chicago law firm, The Roth Law Group is please to announce its selection as a Featured corporate law firm by the nationally recognized leader in legal news reportage, Breaking Legal News.

As a business law firm, we pride ourselves on our skill and success in the practice areas of business litigation and contract negotiations.

A Roth Law Group corporate attorney (corporate lawyer) can assist you in keeping your small business in compliance with state and federal law and, as a Chicago attorney, he or she will also be able to help you keep current with any city laws and regulations.

The Roth Law Group can also provide you with an experienced contract attorney (contract lawyer) who can guide you through the complicated and often confusing process of contract negotiations.

The Roth Law Group is pleased to be singled out for notice by one of the Internet’s preeminent sources for legal news; an honor of which any Chicago lawyer would be proud.

Chatsworth Train Crash Lawyer Jerome Ringler

noreply@blogger.com (Legal News) — Mon, 22 Sep 2008 23:43:00 +0000

...Pamela Macek’s lawsuit against the Burlingon Northern and Sante Fe Railway Co. was the first of more than 100 cases stemming from the Placentia crash to go on trial.

See More

Train Wreck Crash Attorney

noreply@blogger.com (Legal News) — Mon, 22 Sep 2008 23:40:00 +0000

...The verdict is the first against the entertainment giant since the same jury last month
found the company liable for the crash that killed two people and injured 32 others.

See More

Disastrous So Cal Train Wreck

noreply@blogger.com (Legal News) — Fri, 19 Sep 2008 22:17:00 +0000

Metrolink has done it again folks. When are people going to wake-up?

Metrolink worker sued Burlington Northern Santa Fe, saying his alcoholism returned after the fatal 2002 Placentia collision.

A metrolink conductor who said his drinking problems resumed after the Placentia train crash in 2002 will receive $8.5 million to settle his lawsuit against one of the nations largest railroads.

Patrick Phillips of Riverside agreed Tuesday to settle his suit against Burlington Northern Santa Fe Railway Co. The case was set to go to trial next week in Orange County Superior Court.

Phillips, now 52, suffered minor head injuries the morning of April 23, 2002 when a Burlington Northern Freight train crashed into a Metrolink commuter train in Placentia. Three people died and more than 260 were injured in the early morning crash.

Though his injuries were slight, the conductor alleged that the trauma was serious enough to trigger a resurgence of his severe alcoholism, which he said he had controlled since rehabilitation in the early 1990's.

"I have never seen a case like this in 30 years, yet it is indeed what happened here," said Jerome L. Ringler, Phillips' attorney.

"We had extensive medical evaluations by a variety of neurological specialists. All were in accord that his injury, although minor, changed his behavior."

After the train crash, Phillips was hospitalized for evaluation but released about two hours later, Ringler said. In the months after the crash, however, Phillips allegedly resumed his alcohol abuse, resulting in at least two other hospitalizations.

Ringler said his client was finally diagnosed with alcohol-related dementia, a sever mental deficiency.

Phillips, who is now disabled after working 12 years for Metrolink, was unavailable for comment. He is living with a sister in Riverside.

Under terms of the settlement, Phillips will receive $8.5 million, including interest, paid out over 20 years. The amount is worth about $4.5 million in today's dollars.
Officials for Burlington Northern Santa Fe, one of the nations four largest railroads, confirmed the settlement but declined to discuss the case.

Phillips' lawsuit is one of more than 100 Civil cases stemming from the Placentia crash, which federal investigators said was caused by an inattentive Burlington Norther crew that missed a warning signal.

The lawsuits allege the collision could have been prevented by an automatic braking system, long sought by the federal National Transportation Safety Board.
They also contend that the freight train crew was fatigued by overwork and that the Burlington Northern conductor had a history of losing track of signals.

In December, an Orange County jury awarded Pamela Macek, 53, also of Riverside, about $9 million in damages for psychological and physical injuries suffered in the crash. Her case was the first to go to trial.

Roth Law Group named Featured Law Firm by Breaking Legal News

noreply@blogger.com (Legal News) — Fri, 13 Jun 2008 17:55:00 +0000

Roth Law Group named Featured Law Firm by Breaking Legal News

The Roth Law Group has been named a Breaking Legal News Featured Law Firm for its outstanding achievements in Business law and contract law in the Chicago area. Below is a little bit about the firm.

About Roth Law:
Business owners know that it takes hard work and dedication to make it in today's competitive marketplace. And choosing a law firm that understands the needs of small business is essential if you want to get a leg-up on the competition. You expect that your law firm will provide you with practical solutions and attentive individualized service. At the Chicago-based business law firm of the Roth Law Group, that's what you get.

At the Roth Law Group, we understand the concerns of small business owners like you and we have experience working in industries ranging from construction to chemical manufacturing. Our lawyers know that you need to remain focused on business and legal issues often detract from this goal. When the Roth Law Group represents you, we concentrate our efforts on resolving matters efficiently and economically and seek to reach the best business outcome in the least amount of time whenever practical. From contract negotiations to commercial litigation, we offer a full-range of business legal services specifically tailored to meet your needs.

If your small business is in the market for business legal services in Cook County or throughout Illinois, contact the Chicago-based Roth Law Group for a Free Initial Consultation. We offer practical solutions to your small business legal challenges at affordable rates.

A Few Representative Matters

Obtained six-figure a settlement on behalf of an Italian-based Manufacturer of wood veneer products in a breach of contract action against U.S. based distributor.

Obtained a judgment in favor of a Commercial Landscaping Contractor involving breach of contract.

Negotiated a nuisance value settlement on behalf of a Multi-Media Company sued for violation of Non-Compete Agreement, thus avoiding business interruption and an injunction.

Successfully prosecuted foreclosure and other actions on behalf of a Colorado-based Mortgage Company.

Young Professionals More Willing to Discuss Salaries

noreply@blogger.com (Legal News) — Mon, 28 Apr 2008 18:07:00 +0000

The New York Times refers to frank discussions of salaries on websites like greedyassociates.com as evidence that younger professionals are more willing to discuss pay than their parents.

“For people old enough to remember phone booths, a blunt reference to salary in a social setting still represents the height of bad manners,” the story says. “But for many young professionals, the don’t-ask-don’t-tell etiquette of previous generations seems like a relic.”

Robert Frank, an economics professor at Cornell, told the Times that salary information helps young people who see themselves as free agents move on to another job if they learn they are underpaid in their industry.

Financial columnist Suze Orman says such candor can help professionals fight income disparities. Her call for her hosts on an appearance on “The View” to disclose their salaries went unheeded, however.

Booksellers Challenge Oregon Censorship Law

noreply@blogger.com (Legal News) — Mon, 28 Apr 2008 18:03:00 +0000

An Oregon law that prohibits distribution of sexually explicit material to minors interferes with the right to provide materials protected by the First Amendment, Powell's Books, other booksellers and Planned Parenthood claim in Federal Court.

Oregon Statute 167.051 to 167.057, signed into law in July 2007, is "unconstitutionally vague because it fails to provide fair notice as to what constitutes a criminal offense," the complaint states.

The law does not require intent to harm. It makes it a crime to provide sexually explicit material to a child "if the person intentionally furnishes a child, or intentionally permits a child to view, sexually explicit material and the person knows that the material is sexually explicit."

Planned Parenthood claims the law will impair it ability to provide sexual education.

The ACLU and Powell's Books, the country's largest independent book store, are among the plaintiffs in the lawsuit.

Stoel Rives and the New York firm Sonnenschein Nath & Rosenthal represent the plaintiffs.

Supreme Court Upholds Indiana Voter ID Law

noreply@blogger.com (Legal News) — Mon, 28 Apr 2008 17:01:00 +0000

The U.S. Supreme Court has upheld Indiana’s voter ID law against a facial challenge.

The law requires voters to show photo identification before they vote. Challengers had contended the law improperly interferes with the right of poor people and minorities to vote.

Three justices said the evidence did not support a challenge to the law as written, while another three justices said the law imposed minimal burdens on voters, SCOTUSblog reports. The law is thought to pose more harm to Democratic voters, who are more likely to have low incomes, than Republicans.

Justice John Paul Stevens wrote the plurality opinion, the Associated Press reports. He was joined by Chief Justice John G. Roberts Jr. and Anthony M. Kennedy.

The law "is amply justified by the valid interest in protecting 'the integrity and reliability of the electoral process,' " Stevens wrote. His opinion said the evidence does not support a facial attack on the law.

Justices Antonin Scalia, in an opinion joined by Clarence Thomas and Samuel A. Alito Jr., concurred in the result. He said the law's overall burden is minimal and justified.

U.S. Solicitor General Paul Clement had urged the justices in oral arguments to reject the facial challenge to the law and wait for an as-applied challenge by someone who is actually harmed by the requirement for a photo ID.

Stevens' opinion, along with the opinions of three dissenters, leaves the door open to an as-applied challenge, SCOTUSblog says.

Giant Law Blog List

noreply@blogger.com (Legal News) — Wed, 23 Apr 2008 21:01:00 +0000

Law Firm News

Legal News For The Soul

Celebrities and the Law

Online Legal News & Law Firm in the News

Legal News Blog

Law Firm News, Legal Information and Marketing Blog

Lawfirm Blog

American Legal News

Legal Information Blog

Legal Insight

Legal Tax News

In Depth Legal Marketing Information

Lawyer Marketing and Public Relations

Officers Denied Immunity For Arresting Protester

noreply@blogger.com (Legal News) — Wed, 23 Apr 2008 17:59:00 +0000

The 10th Circuit denied immunity to five police officers in Albuquerque, N.M., who allegedly arrested a University of New Mexico faculty member during an antiwar protest, simply because he was part of a "large basket containing a few bad eggs."

The court ruled 2-1 that John Fogarty may proceed with a lawsuit accusing the officers of targeting him without probable cause and using excessive force to arrest him during a March 2003 demonstration against the U.S. war in Iraq.

The protest began on the UNM campus and spread to city sidewalks and streets, with between 500 and 1,000 demonstrators voicing their opposition to the war.

Fogarty and a friend joined a drum circle that was "play(ing) a really nice samba," Fogarty claimed. But police accused the drummers of inciting the crowd and making it more difficult to clear the streets.

Capt. John Gonzales told officers to "remove the drums," a statement some interpreted as a direct order to arrest the drummers, Fogarty included. The plaintiff said he was already off the street when officers pelted him with an unknown projectile and arrested him.

Officers allegedly took the handcuffed Fogarty near an area with lingering tear gas, causing Fogarty to suffer an acute asthma attack. He also claimed to have torn a tendon in his wrist during the ordeal.

The majority refused to dismiss Fogarty's claims, ruling that he had provided enough evidence to survive summary judgment at this stage.

"The Fourth Amendment plainly requires probable cause to arrest Fogarty as an individual, not a member of a large basket containing a few bad eggs," Judge Lucero wrote. "In other words, that Fogarty was a participant in an antiwar protest where some individuals may have broken the law is not enough to justify his arrest."

Can murder victim's statements be used at trial?

noreply@blogger.com (Legal News) — Wed, 23 Apr 2008 17:57:00 +0000

Dwayne Giles complains that his former girlfriend's statements should not have been used against him at his murder trial because the woman couldn't be cross-examined.

Her absence wasn't a result of a scheduling conflict. She was dead. And Giles killed her.

Three California courts that have considered Giles' claim have said, in effect, "You must be kidding."

Now, though, the Supreme Court, in arguments scheduled for Tuesday, is hearing Giles' case to see whether the use during his trial of statements the girlfriend made to a Los Angeles police officer violated his constitutional right to confront witnesses against him.

The issue the court has agreed to resolve is when defendants forfeit that right. It is already clear that a defendant who kills someone to prevent him from testifying may not come into court and seek to exclude prior statements by the dead person.

But this case is one in which there were no charges pending against Giles when he shot Brenda Avie dead with a 9-millimeter handgun outside his grandmother's house in September 2002.

A few weeks earlier, Avie told a police officer that Giles assaulted and threatened to kill her. The officer testified about the conversation at Giles' trial, over his lawyer's objection.

Giles claimed he acted in self-defense, fearing that Avie was armed. She wasn't. Giles also testified that Avie behaved erratically and threatened to kill both him and his new girlfriend on the night she died.

Imagining a Public Law Firm’s Earnings Report

noreply@blogger.com (Legal News) — Wed, 23 Apr 2008 17:53:00 +0000

Nearly a year after an Australian law firm went public, many in the legal profession are still tittering over whether any American players would follow suit.

By necessity, law firms are fairly tight-lipped about much of the work they do. That would have to change if any were to become a publicly traded company, what with the disclosure requirements and the probing questions of shareholders.

In the midst of earnings season, Above the Law’s David Lat pens a mostly tongue-in-cheek piece for The New York Observer speculating on what a quarterly earnings report by an American firm would look like. (A hint: It wouldn’t say much.)

Mr. Lat, a former corporate lawyer himself, gently jabs the pampered-partners culture of Big Law, which may take a hit as corporate profits slide. Niceties like $160,000 starting salaries for first-year associates, 18 weeks of paid parental leave and Friday Swedish massages, he imagines, would go out the window.

And how would the firm describe secrecy-shrouded practices like mergers and acquisitions work or criminal defense? Perhaps thusly:

The M&A department spent a significant amount of time on several potential transactions for a client in the energy sector that were never consummated. Unfortunately, the firm was unable to bill for most of this time …

The firm cannot provide additional details about this representation, due to client confidentiality rules.

As a point of comparison, consider the semiannual disclosures of Slater & Gordon, the personal injuries firm that now resides on the Australian stock exchange. Its recent annual report (PDF) resembles virtually any other public firm’s, with general income statements and descriptions of its business.

Which is not to say that public law firms would ever fully open their kimonos, much as representatives of another industry tend to play their cards close to the vest. Alternative asset managers — including private equity firm Blackstone Group, buyout- and hedge-fund manager Fortress Investment Group and hedge fund Och-Ziff Capital Management — have been criticized by some analysts and investors as presenting opaque looks into their businesses.

Prostitute murderer accused in court

noreply@blogger.com (Legal News) — Wed, 23 Apr 2008 17:48:00 +0000

A former pub landlord accused of murdering five prostitutes has appeared in court for a second day ahead of the start of his trial.

Steve Wright, 49, of Ipswich, Suffolk, denies murdering Gemma Adams, 25, Tania Nicol, 19, Anneli Alderton, 24, Paula Clennell, 24, and Annette Nicholls, 29.

Wearing an open-necked white shirt and a single-breasted black suit, Wright listened intently as the lawyers in the case discussed legal issues for 20 minutes at Ipswich Crown Court.

The jury of 10 men and two women, who were sworn in on Monday, did not attend Tuesday's proceedings.

The prosecution, led by barrister Peter Wright QC, is due to open its case against Wright at 10.30am on Wednesday.

Wright's defence team is headed by Timothy Langdale QC.

The five women were found at remote locations near Ipswich during a 10-day period in December 2006.

Surgeon Could Lose License Over Sex With Patient

noreply@blogger.com (Legal News) — Fri, 18 Apr 2008 17:41:00 +0000

SAN DIEGO -- A prominent North County surgeon could be in trouble with the state medical board and learned he could lose his license.

Dr. Dennis Nigro is the subject of a hearing at the state building in which he is accused of having sex with a patient.

Nigro admitted to having a brief affair with a woman in 2003, but said she was no longer in his care during their relationship.

Nigro’s medicare defense attorney, Michael Khouri, said, “The woman does not believe Dr. Nigro was her doctor when the sex occurred.”

“There is documentation required to terminate relationship. It was not done in this case,” said Deputy Attorney General Mary Agnes Matyszewski.

An administrative law judge will issue a proposed decision that will be sent to the state medical board for final disposition.

Nigro’s license could be suspended if discipline is deemed necessary.

On the subject of the "worst five things a doctor can do," Steve Alexander provided the Investigation Team the list of the "worst five" and then commented on each individual item. There were no specific cases or doctors mentioned in the course of this interview. Among the items provided by Mr. Alexander as one of the "worst five things a doctor can do," was a sexual relationship between a doctor and his or her patient. Clearly, in reporting the allegations against Dr. Dennis Nigro there was no intention or effort to tie Alexander’s separate interview specifcally to the Dr. Dennis Nigro case.

Feds to collect DNA from every person they arrest

noreply@blogger.com (Legal News) — Thu, 17 Apr 2008 18:04:00 +0000

The government plans to begin collecting DNA samples from anyone arrested by a federal law enforcement agency - a move intended to prevent violent crime but which also is raising concerns about the privacy of innocent people.

Using authority granted by Congress, the government also plans to collect DNA samples from foreigners who are detained, whether they have been charged or not. The DNA would be collected through a cheek swab, Justice Department spokesman Erik Ablin said Wednesday. That would be a departure from current practice, which limits DNA collection to convicted felons.

Expanding the DNA database, known as CODIS, raises civil liberties questions about the potential for misuse of such personal information, such as family ties and genetic conditions.

Ablin said the DNA collection would be subject to the same privacy laws applied to current DNA sampling. That means none of it would be used for identifying genetic traits, diseases or disorders.

Congress gave the Justice Department the authority to expand DNA collection in two different laws passed in 2005 and 2006.

There are dozens of federal law enforcement agencies, ranging from the FBI to the Library of Congress Police. The federal government estimates it makes about 140,000 arrests each year.

Those who support the expanded collection believe that DNA sampling could get violent criminals off the streets and prevent them from committing more crimes.

A Chicago study in 2005 found that 53 murders and rapes could have been prevented if a DNA sample had been collected upon arrest.

"Many innocent lives could have been saved had the government began this kind of DNA sampling in the 1990s when the technology to do so first became available," Sen. Jon Kyl, R-Ariz., said. Kyl sponsored the 2005 law that gave the Justice Department this authority.

Thirteen states have passed similar laws.

But the new regulation would mean that the federal government could store DNA samples of people who are not guilty of any crime, said Jesselyn McCurdy, legislative counsel for the American Civil Liberties Union.

"Now innocent people's DNA will be put into this huge CODIS database, and it will be very difficult for them to get it out if they are not charged or convicted of a crime," McCurdy said.

If a person is arrested but not convicted, he or she can ask the Justice Department to destroy the sample.

The Homeland Security Department - the federal agency charged with policing immigration - supports the new rule.

Barristers launch action over pay

noreply@blogger.com (Legal News) — Thu, 17 Apr 2008 17:56:00 +0000

Barristers who handle criminal cases in England and Wales are beginning protest action over the amount they are paid to represent defendants.

The protest, which is likely to disrupt courts, stems from the freezing of legal aid rates in trials lasting up to 10 days since 1997.

Some barristers are expected to refuse to take new cases or appear in court.

The government has admitted the payment system needs reform, but said overall, defence barristers' pay had gone up.

The Department for Constitutional Affairs has said it accepts some junior barristers do have financial problems.

'Graduated fees'

But ministers are awaiting the findings of a wide-ranging review before making any changes.

Barristers are self-employed and, by law, cannot go on an organized strike.

However, it is thought that many - particularly in the north of England, the Midlands and south Wales - will refuse to take on new work.

Hearings may be postponed and the action could cause serious disruption to courts if it continues.

The government's fixed pay rates, which are known as "graduated fees", were introduced eight years ago and apply to crown court trials lasting up to 10 days.

Refusing work

Hourly rates for the 95% of crown court trials which last up to 10 days have not changed since 1997.

The freezing of legal aid rates has amounted to a reduction of almost a quarter in real terms.

Further cuts, which take effect from Monday, mean that defence QCs (defense Queen's Counsel to you Yanks) and those in longer trials will also receive less money.

Current hourly rates for defending in legal aid cases are £33.50 for a junior, £47 for a leading junior and £62.50 for a QC.

Barristers want the rates to be kept in line with the rate of inflation at the very least.

Small Boston Firm Makes a Big IP Play in D.C.

noreply@blogger.com (Legal News) — Tue, 15 Apr 2008 17:45:00 +0000

Prominent Boston commercial litigation boutique Hanify & King is making a major play for intellectual property litigation and transactional work with a new Washington office staffed by five attorneys moving from Bingham McCutchen.

Hanify & King, traditionally, focuses on business litigation, bankruptcy work and corporate and real estate transactions, but some of the firm's trial lawyers have also made limited forays into intellectual property litigation.

Besides considerably expanding the firm's intellectual property litigation expertise, the new Washington lawyers add patent prosecution and opinion capabilities to the firm, said president and firm co-founder Jim King.

"We really didn't have the depth and overall capability to go very far in that practice," King said. "That's really the primary motivation behind this change."

The Washington office opened on March 17 with former Bingham partner Ed Pennington, who is now a Hanify & King shareholder. Pennington said four Bingham associates will follow him shortly.

"My client following is sufficient to keep five attorneys busy full time," Pennington said.

King, who will shuttle back and forth from Boston and manage the new office, said he has a number of significant clients in Washington, including venture capital group Paperboy Ventures LLC.

The firm's Boston litigators will also spend more time in Washington, he said.

The Bingham team brings the firm up to 36 attorneys. Hanify & King also hopes to add another couple of intellectual property lawyers by the summer, King said.

Adding intellectual property heft in Boston is also a priority, Pennington said, but the main intellectual property team needs to be in Washington to be close to several key venues: the International Trade Commission; the U.S. Court of Appeals for the Federal Circuit, which hears patent and trademark appeals; the U.S. Patent and Trademark Office; and the U.S. District Court for the Eastern District of Virginia, a popular patent lawsuit venue with a so-called "rocket docket," or speedy trial schedule.

"This is probably the most important IP venue in the country," Pennington said. "It would make sense for Hanify & King to have the flagship IP group in D.C."

Legal consultant Marci Krufka, a principal with Altman Weil Inc., wasn't familiar with Hanify & King's expansion, but she said it makes sense for a litigation firm without much intellectual property depth to acquire an IP group or another firm, as long as the types of clients and market sectors mesh.

"It's hard breaking into a new market, period," Krufka said. "If you can start with an ongoing practice that is on the ground in that market and has clients, [it] is always a lot better."

Intellectual property remains a desirable practice area because there's a high demand for knowledgeable practitioners and firms can charge premium rates for the work, Krufka said. "A lot of firms would like to acquire an IP practice," Krufka said.

Pennington, who began his legal career in the early 1980s when intellectual property was, mainly, a boutique practice, was seeking a chance to start an IP group from the ground floor.

Pennington worked at successively larger firms, including stints at New York-headquartered midsize intellectual property firm Morgan & Finnegan and Swidler Berlin, which he joined in 2000 to launch that firm's intellectual property group. Bingham acquired Swidler in February 2006.

Improper Handling of Client Trust Accounts

noreply@blogger.com (Legal News) — Mon, 14 Apr 2008 16:30:00 +0000

Managing money is always tricky, especially when it belongs to someone else. That's why, in 2006 alone, more than 20 lawyers found themselves before the State of Michigan Attorney Discipline Board after having grievances filed against them for mismanagement of their clients' funds.

However, in Michigan, there is an infrastructure in place that allows attorneys to insulate themselves from the consequences of accounting errors - both accidental and otherwise.

Specifically, Michigan Rule of Professional Conduct (MRPC) 1.15 provides guidelines for the two types of client accounts: Interest on Lawyers Trust Accounts (IOLTAs) and non-IOLTAs.

The rule defines an IOLTA as "an interest or dividend bearing account" that "shall include only client or third person funds that cannot earn income for the client or third person in excess of the costs incurred to secure such income while the funds are held."

Though interest is earned on this type of account, the client does not receive those proceeds. Instead, the interest is paid to the Michigan Bar Foundation.

Conversely, a non-IOLTA under MRPC 1.15 also earns interests or dividends, however, that "net interest or dividend will be paid to the client."

MRPC 1.15 applies to both pooled and individual client trust accounts. But, because "it is common for a lawyer only to maintain one pooled client trust account," said Professor Lawrence A. Dubin - who teaches Professional Responsibility at the University of Detroit School of Law - IOLTAs, rather than non-IOLTAs, may be easier for attorneys to work with.

However, that doesn't mean that IOLTA administration is without its own pitfalls.

In fact, with penalties ranging from a slap on the wrist to a permanent loss of license, learning the ins and outs of proper client trust management is fast becoming an integral part of effective practice management.