Posts from ‘December, 2009’

In what appears to be a case of first impression nationwide, the 9th Circuit has ruled that the use of tasers and similar devices must be justified by a strong government interest that “compels” the employment of such force. The ruling found that Coronado, Calif., Police Officer Brian McPherson may have used too much force to subdue Carl Bryan and can be sued for damages. McPherson tasered Bryan when he was pulled over for a seat belt infraction and got out of his car crying and yelling gibberish.

A sophisticated hacker pleaded guilty Tuesday to conspiring to hack into computer networks supporting major American retail and financial organizations, and to steal data relating to tens of millions of credit and debit cards in a case the Justice Department said is one of the largest data breaches ever investigated and prosecuted in the United States. Albert Gonzalez, a one-time Secret Service informant, pleaded guilty to two counts of conspiracy to gain unauthorized access to the payment card networks.

A California appellate court has reversed a decision to dismiss Jasmine Networks’ IP case against Marvell Semiconductor, writing that there was no basis for Marvell’s point that Jasmine must show “current ownership” to have standing, and giving a backhanded compliment to the lawyers who came up with it. It’s the latest twist in a dispute that began when a former Marvell GC failed to hang up after leaving a message for Jasmine and allegedly kept talking with colleagues on speakerphone about appropriating trade secrets.

As of Jan. 1, every lawyer licensed to practice in New Jersey, including judges, law school professors and limited-license in-house counsel, must take a minimum of 24 hours of continuing legal education courses every two years, the state Supreme Court has declared. Lawyers may satisfy the requirements with all “alternative verifiable learning formats,” including videotape, satellite simulcast and the Internet. New Jersey joins 42 other states that require some form of continuing legal education.

When Cyrus R. Vance Jr. takes office Friday as Manhattan district attorney, several new faces will be replacing office veterans as senior staff members, according to a press release from Vance. Among the newcomers are Daniel R. Alonso, a Kaye Scholer partner who will take over as chief assistant district attorney from Mark Dwyer. Also joining Vance’s executive staff will be Caitlin J. Halligan, a Weil, Gotshal & Manges partner who will serve as general counsel.

The theater company that challenged Colorado’s ban on indoor smoking is planning to take its case to the U.S. Supreme Court. The Curious Theater Co. says the Colorado law — believed to be the first state court ruling upholding the extension of smoking bans to theatrical performances — violates free speech rights because it prevents plays from being performed the way they were written.

The chairman of Manatt, Phelps & Phillips’ employment group is leaving to launch his own boutique in what he called a “long-held dream.” John Fox said he’ll be able to slash rates for clients 20 percent, and provide a 25 percent raise to his employees, due to more efficient operations. “The big law firm model is failing,” said Fox, adding: “I think we are going to be a land again of law firms with 10 to 15 lawyers, because the economic efficiencies are so great.”

The TV producer accused of shaking down David Letterman in return for keeping mum about the TV talk show host’s affairs is drawing on the Tiger Woods sex scandal to try to bolster his defense. In court papers filed Tuesday, Robert “Joe” Halderman’s lawyer cited published reports that Woods paid an alleged mistress millions of dollars to stay silent. Attorney Gerald Shargel suggested that since the woman hasn’t been charged with a crime, Halderman shouldn’t be, either.

Pfizer general counsel Amy Schulman’s goals are simple and familiar: lower fees, more collaboration, better value for both the customer and vendor. By the end of 2010, Schulman wants three-fourths of her legal spending to be done within the Pfizer Legal Alliance, in which each firm is paid one annual flat fee for all of the work that it does for the entire year. If Schulman is successful, Pfizer will become one of the largest companies to have more than half of its legal work done under alternative fees.

A federal appeals court on Tuesday dismissed a lawsuit by Holocaust survivors who alleged the Vatican bank accepted millions of dollars of their valuables stolen by Nazi sympathizers. The 9th U.S. Circuit Court of Appeals upheld a lower court ruling that said the Vatican bank was immune from such a lawsuit under the 1976 Foreign Sovereign Immunities Act, which generally protects foreign countries from being sued in U.S. courts.