News:

In 'Doo-Wop' Case, 3rd Circuit to Consider 'Prevailing Party' Fees Issue

A court battle over rights to the names of two 1950s doo-wop groups has sparked an appeal that could have far-reaching effects in civil rights litigation. The 3rd Circuit has granted en banc rehearing to decide the proper test to determine a plaintiff's entitlement to attorney fees as the "prevailing party." The underlying battle started when New Jersey officials threatened to take action against a music promoter who was using the two groups' names in a concert series -- a position the state later reversed.

Federal Circuit Applies Recent High Court Case to Find Successor Liability

The Federal Circuit has ruled that a defendant's successor companies are liable for an $8 million default judgment in a patent infringement case. The panel rejected the district court's decision to apply South Korean law concerning successor liability, ruling that New Jersey law should apply because Daewoo Electronics' U.S. subsidiary has headquarters in New Jersey. The court cited a recent U.S. Supreme Court case that deemed that the laws of a company's "principal place of business" should apply to transactions.

DOJ Files Suit Against Office of Controversial Ariz. Sheriff

The Department of Justice is stepping up its investigation into the office of controversial Arizona Sheriff Joe Arpaio, a nationally known opponent of illegal immigration. DOJ attorneys filed a complaint Thursday in federal court, alleging that Arpaio and his staff have obstructed their investigation into whether the sheriff's office is discriminating based on national origin in its police practices and jail operations. A lawyer for the sheriff's office said he has tried to cooperate with the Justice Department.

Hoskin Farina & Kampf Finds Cost-Effective DMS With Worldox

Hoskin Farina & Kampf sought out a more robust document management system that integrated deeply with Outlook, and with greater flexibility regarding document rights management and security controls. They chose Worldox. Firm administrator Tony Lozano describes the install and results.

Law Firms Line Up for 3G's $4 Billion Bite of Burger King

A whopper of a late summer for M&A lawyers grew even fatter Thursday, when Burger King announced its sale to investment firm 3G Capital for $4 billion. Four Am Law 100 firms -- Skadden, Arps, Slate, Meagher & Flom; Holland & Knight; Kirkland & Ellis; and Weil, Gotshal & Manges -- landed key legal advisory roles on the deal, which will return the world's second-largest hamburger chain to the private sector.

Enlisted Sikh Becomes First in 30 Years to Win Right to Wear Faith Articles in Army

For the first time in more than 30 years, the U.S. military has allowed an enlisted Sikh soldier to maintain his religiously mandated turban, beard and hair while serving in the Army. A team of lawyers at McDermott Will & Emery and attorneys at the Sikh Coalition also won one-time exceptions last year for two Sikh Army officers. The teams' efforts have spurred interest in Congress; in the past year, more than 50 members have written to military officials requesting that Sikhs be accepted into the U.S. Armed Forces.

Calif. Appeals Court Turns Down Plea to Intervene on Prop 8 Defense

A California appeals court on Thursday denied the Pacific Justice Institute's petition for a writ of mandamus to force the state's governor and attorney general to defend Proposition 8 in court, killing the latest attempt by foes of gay marriage to shore up standing for the pending appeal of Chief Judge Vaughn Walker's July ruling. A motions panel at the 9th Circuit ordered the Prop 8 proponents to "include in their opening brief a discussion of why this appeal should not be dismissed for lack of Article III standing."

Bid to Eradicate 'Ladies Nights' Fails at 2nd Circuit

A one-man campaign against "Ladies Nights" did not get far. The 2nd Circuit has rejected Roy Den Hollander's claim that the Copacabana Nightclub and other establishments were "state actors" who violated the U.S. Constitution by charging men more for admission and drinks than women. Hollander had argued that "Ladies Nights" stem from "40 years of lobbying and intimidation, [by] the special interest group called 'Feminism' [which] has succeeded in creating a customary practice ... of invidious discrimination against men."

$60 Million Suit Over Short-Lived Reality Show Gets Judge's OK to Proceed

Remember the TV reality show "Making the Band," which spawned the short-lived boy band O-Town? The show's revenue is at the center of a $60 million suit pitting the bankruptcy estate of a film production company once run by Lou Pearlman -- the infamous boy band manager now in prison for orchestrating a $300 million Ponzi scheme -- against Viacom, MTV and the Sean "Diddy" Combs-controlled companies Bad Boy Films and Bad Boy Records. A Florida federal judge has ruled the suit can go forward.

Pa. Jury Awards $1.8 Million in Legal Malpractice Suit

A Philadelphia jury has awarded nearly $1.8 million in a legal malpractice case in which the plaintiff alleged her attorney failed to plead all of the relevant theories in her medical malpractice case, leading to the necessity of settling her case for $1 million, despite having received a $2.5 million verdict. The jury found that attorney David M. Barry was negligent, but that the law firm Feldman & Pinto, which handled the medical malpractice case after a referral from Barry, was not negligent.

N.Y. Governor Vetoes 'Broadly Written' Bill to Penalize Court Records Disclosure

New York Gov. David A. Paterson has vetoed a bill, strenuously opposed by the court system and prosecutors, which would have made the disclosure of sealed court records a crime punishable by up to one year in prison. In his veto message, Paterson rejected the bill because it was "so broadly written" that it could result in criminal liability for public officials and others for "inadvertent" or "good faith" disclosures.

Court Vacates $99,000 Fee to Counsel for Plaintiff Who Won $650

A New Jersey appeals court has overturned a $99,000 legal fee on a plaintiff's $650 recovery in a consumer fraud case, finding the trial court's measurement scales askew. The appellate panel said the trial judge improperly used his own personal experience to gauge the plaintiffs lawyer's hourly rate and failed to provide a sufficient analysis for his decision to enhance the lodestar by 45 percent -- he only stated his impression that the case "can hardly be classified as 'typical.'"

Business Plan Basics for Starting a Law Firm

There's nothing like the adrenaline rush of starting a new firm. But the roller coaster ride can be stressful: determining which clients make the transition from the old firm to the new one, calculating expected billings and wondering whether profits will materialize. Dealing with banks and firm co-owners regarding paying for everything compounds the pressure. But lawyers can ease the stress of starting their own firms by creating a basic business plan, which isn't that difficult, says consultant Chuck Duff.

Law School Deans Are a Popular Choice for University President

In August, David Van Zandt, dean of Northwestern University School of Law, was named the next president of The New School in New York. But he's only the latest in this summer of love. At least five law school deans were either named to the post of president or assumed it this summer.

The Careerist: Some Mostly Good News for Women in the Law

Check out some of the latest posts on the lawjobs.com blog, The Careerist. Some Mostly Good News for Women in the Law Also Checklist for Summer's End: How to maximize what remains of the season Plus Big Bucks for Big Law in Big Divorces