Posts on ‘June 25th, 2009’

The Argentine economic crisis of 2002 produced a flood of big arbitrations. To date, more than a half-dozen rulings have been handed down by tribunals in Argentina-related cases. But while the awards against the South American country are piling up, investors still haven’t collected a single peso, and some lawyers are questioning the effectiveness of ICSID, the Washington, D.C.-based arbitration center that handles many investment treaty arbitrations.

The Snark thinks that procrastination is unfairly viewed as a negative working methodology. It is a real art to be able to delay a task just long enough so that it can be completed by the deadline with single-minded focus, determination and minimal sleep. Perky non-procrastinators often chirp about the vices of purposely and unnecessarily delaying the completion of tasks: “Why put off until tomorrow what you can do today?!” The Snark’s response? “Because I don’t want to do it today. That’s why.”

Jones Day, Schulte Roth & Zabel and Kramer Levin Naftalis & Frankel have submitted applications for a new round of attorney fees in the Chapter 11 case of the company formerly known as Chrysler. Two London-based Jones Day lawyers had the highest hourly rates — $1,175 for the restructuring partner and $1,075 for the employee benefits partner — while a restructuring associate, also in London, had the highest hourly rate among associates: $825.

A prosecutor and a police detective can both be sued by a former defendant for taking a sample of his DNA without a warrant, the 9th Circuit has ruled. “The warrantless, suspicionless, forcible extraction of a DNA sample from a private citizen violates the Fourth Amendment,” Judge Sidney Thomas wrote for the majority. The opinion touched on the scope of defendants’ privacy rights when they have been charged but are awaiting trial. It also addressed the lengths to which law enforcement officials can go to collect DNA.

A 3rd Circuit panel seems likely to revive a consumer fraud suit accusing the Snapple beverage line of misleading the public by proclaiming it was “All Natural” although it was sweetened with high-fructose corn syrup, which plaintiffs’ lawyers have labeled “synthesized” and “unnatural.” During a lively argument Wednesday, there were strong hints the case would join a trend by courts to allow such consumer or product liability suits and to reject manufacturers’ arguments that the suits conflict with federal regulations.

The Senate has begun the process of putting impeached Judge Samuel Kent on trial. Senators heard a preview Wednesday of the evidence against Kent and appointed a committee to investigate and present evidence to the full Senate. Kent, who is being held in a Bureau of Prisons medical facility, faces removal after the House last week adopted articles of impeachment against him. Kent pleaded guilty in February to obstruction of justice before he was to go on trial on charges that he sexually abused two court employees.

A New York judge has thrown out a felony weapons conviction after the defendant’s attorney repeatedly fell asleep at trial, allegedly read magazines while witnesses testified and provoked laughter among the jurors with his “bizarre” opening statement. Reached by phone this week, the veteran defense attorney called his opening statement “very logical and precise.” As for the laughing jurors, he said, “Well, laughter’s very good when you’re looking at many years in prison.”