Posts on ‘September 8th, 2009’

Interview basics are essentially the same whether you are a new lawyer or one with years of experience under your belt. There are some tips to keep in mind, however, to highlight what you have to offer while alleviating any concerns a prospective employer might have about hiring a more senior candidate. Consultants Valerie Fontaine and Roberta Kass discuss some of the steps you can take so you can make a great first impression — and then can continue to impress throughout your interview.

In an opinion of interest to plaintiffs and defense counsel, the 2nd Circuit has ruled that plaintiffs suing under the Securities Act of 1933 and the Securities Exchange Act of 1934 may co-exist within the same plaintiff class even if the allegations of misrepresentation underlying the claims differ. The decision bears close consideration by counsel in class actions in which ‘33 act and ‘34 act claims may be asserted, say attorneys David Saunders and Howard Suskin, who analyze the likely effects of the ruling.

A Michigan-based art gallery has a not-so-flattering exhibit that keeps growing: a collection of lawsuits. Park West Gallery, which bills itself as one of the world’s largest art dealers, is facing several class actions and one individual suit from consumers alleging they were duped into buying phony art during auctions aboard various cruise lines. Now, Park West faces a seventh lawsuit, this one accusing it of defamation of a company that is investigating the gallery for alleged deceptive practices.

Littler Mendelson, a national firm whose Web site proclaims it as a source for “Employment and Labor Law Solutions Worldwide,” is having its mettle tested in a suit by former employee Emma Preston. The threshold question is whether the firm can compel arbitration based on agreements it says bind all employees suing the firm. Preston’s lawyer says Littler’s expertise in employment law resulted in a greater disparity in bargaining position and a “heightened responsibility” to ensure that any waiver of rights is fair.

A finding of “subjective bad faith” is not a prerequisite for an award of attorney fees in a dismissed market manipulation case subject to a 1995 law designed to curb frivolous securities claims, a unanimous 2nd Circuit panel has ruled. However, while upholding a district court judge’s finding that the defendants were entitled to a fee award, the panel found that, in the absence of a bad faith finding, the judge nevertheless had to re-examine his award of nearly $70,000 to determine if it was reasonable.

Irwin Rosen, one of four New Jersey judges accused of official misconduct in a 2007 ticket-fixing scandal, was exonerated last week when the state asked that his charge be dismissed. Rosen had been charged with third-degree official misconduct for allegedly dismissing his own $42 parking ticket and had faced a possible five-year prison term. The scandal rocked Jersey City’s Municipal Court, depleted its 11-judge bench and led the state judiciary to issue new strictures governing traffic and parking citations.

Kirkland & Ellis laid off more than 20 associates in New York on Wednesday, a source has confirmed. Associates were also let go in Washington, D.C. The cuts, which followed the firm’s annual performance review period, were larger in number than last year, in part for economic reasons.

A federal judge on Friday ordered Dish Network and sister firm EchoStar to pay TiVo about $200 million for violating a permanent injunction on using a modified technology that can rewind and pause live TV. Judge David Folsom of the U.S. District Court in the Eastern District of Texas awarded DVR maker TiVo $110 million in damages and $90 million in sanctions, plus attorney fees. Folsom said Dish will be on the hook for more sanctions if it loses on an appeal of the case.

The Ecuadorean judge presiding over a $27 billion environmental lawsuit against Chevron recused himself Friday amid an investigation into allegations of wrongdoing. Earlier in the week, Chevron released three video recordings in which Judge Juan Evangelista Nunez allegedly told two businessmen — an Ecuadorean with ties to Chevron and an American businessman — that he had already made up his mind to rule against the company. Nunez denies the allegations and says the tape was “edited and manipulated.”

A new justice joining the Supreme Court is something of a mixed blessing, it turns out. While Chief Justice John Roberts Jr. called it “an exciting part of life at the Court,” Justice Clarence Thomas noted, “You have to start all over; the chemistry is different.” Justice Anthony Kennedy added, “It’s stressful for us, because we so admire our colleagues.” These comments and more will be aired on C-SPAN as part of a series that resulted from unusual access to the Court and to the justices for the cable channel.