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Will the Corporate Model Backfire on Greenberg?
With revenues up by more than 880 percent from 1996, it's understandable that Greenberg Traurig touts its business model of running like a closely held corporation. But in the wake of the firm paying millions in fines and settlements triggered by partners' imbroglios, many former Greenberg lawyers say the same qualities that yield great financial rewards -- an emphasis on profit, growth and a bureaucracy-free culture -- have allowed rogue lawyers and lobbyists like Jack Abramoff to join the firm and thrive.New York State E-Discovery Law
Mark A. Berman, a partner at Ganfer & Shore, writes that counsel and parties need to ensure that electronically stored information is properly preserved. A demonstration of willful spoliation will no doubt result in severe sanctions. But, what will inevitably become increasingly common are applications predicated upon negligent spoliation resulting from inadvertent destruction or loss or from routine document retention policies.After a court battle that lasted half a decade, Sears may finally be free of allegations that it should have disclosed talks leading up to its merger with Kmart before the deal was announced in late 2004.
The practice is dubbed "pay to delay," or "reverse settlement." It happens when a brand-name drug company gives a generic challenger a lot of money, and the generic company agrees to keep its product off the market. On Monday the Justice Department filed a brief at the request of the Second Circuit Court of Appeals, stating that these settlements presumptively are anticompetitive violations of the Sherman Act.
On Monday BP and Anadarko finally decided to end the multibillion-dollar game of finger pointing that's been keeping the companies' lawyers busy since the Deepwater rig exploded last year.
The Blog at Legal Times reports on a qualified loss for tobacco companies in their appeal of the government's massive RICO case, United States v. Philip Morris. Reporter Mike Scarcella writes that the D.C. Court of Appeals upheld D.C. federal district court judge Gladys Kessler's landmark ruling and found Big Tobacco liable in a decades-long conspiracy to deceive consumers about the adverse health effects of smoking. The appeals court, however, rejected the government's request to seize billions of dollars in corporate profit.
The Point Man in Defense of U.S. Tactics in War on Terrorism
Sometimes it seems that Paul Clement, No. 2 in the SG office, is everywhere at once. In a three-week span last year, he appeared before the U.S. Supreme Court, Second Circuit U.S. Court of Appeals, and the Fourth Circuit. In addition, Clement has been tasked with shepherding high-stakes terrorism cases, including those of Padilla and Yaser Esam Hamdi. The sensitive assignment is testimony to his stature within the Bush administration.Trending Stories
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