Results matching “milberg”

Lerach: keep my sentencing briefs under seal - PointOfLaw Forum

Ah, the hypocritical irony: Bill Lerach moves to keep his sentencing documents for the Milberg Weiss kickback scandal under seal, perhaps to protect the identities of the 150 people who wrote on his behalf. [NY Sun] Any politicians we should know about? Portfolio has the briefing; the DC Examiner comments. Prosecutors have asked for 24 months (out of a possible 33-month maximum under the Guidelines); sentencing is February 11.

Around the web, January 22 - PointOfLaw Forum

  • TV's "Law and Order" portrays a lawsuit over dry cleaner's lost pants, but -- don't worry! -- there's plenty of anti-business sentiment [Carter Wood/NAM "Shop Floor"]
  • Milberg Weiss, despite guilty pleas from four of its principals, keeps waltzing away with huge fee awards. Anything wrong with that picture? [Examiner editorial]
  • Economic experts and Daubert challenges [Neckers/Wikander, FDCC Quarterly PDF, via Day on Torts]
  • Series last summer in Hampton Roads paper probes municipal liability, plenty of good info despite predictable slant against sovereign immunity [Virginian-Pilot via Obbie, who has links to other installments]
  • Transcending her background? Washington Supreme Court gets (another) former trial lawyer member with latest appointment by Gov. Gregoire [The Olympian]
  • Wasting money is the least of the sins of tax-funded legal services programs, argues Hans Bader [CEI Open Market]

Stoneridge coverage - PointOfLaw Forum

Legal Times/New York Law Journal; Human Events; and A.M. Best Wire all quote me. Also: Bainbridge again; Ribstein again; Alt & Walsh @ Heritage; Kirkendall; Portfolio.com; Lattman (interviewing Hal Scott); Nowicki.

Separately, the remand in Tellabs, a case used by the Chemerinskys of the world to demonstrate the supposed business-bias of the Court, has resulted in the Seventh Circuit refusing to dismiss the case notwithstanding the Court's decision. Judge Posner wrote the unanimous decision.

"Ex-Milberg Weiss honcho to head NYC Bar" - PointOfLaw Forum

Patricia Hynes, who spent 24 years at now-disgraced Milberg Weiss Bershad Hynes & Lerach and more than ten on its executive committee, is now slated to become the next president of the New York City bar association. The favorable assumption is that Hynes, a former prosecutor who became a name partner in the firm, was systematically duped by her former colleagues, as Roger Parloff at Fortune notes:

While being a dupe is not unethical, and certainly not illegal, it�s no badge of honor, either. For idealistic young law students making their career choices, it must have been reassuring if not inspirational to see former Manhattan executive assistant U.S. attorney Pat Hynes�s name so prominently displayed on Milberg�s letterhead. It vouched for the integrity of the whole operation. Whether she knew it or not, part of what she was being paid to do there for 24 years was to lend the firm an aura of integrity that, judging from three top partners� guilty pleas, it didn�t deserve.

Before assuming the high professional honor of a bar presidency, Parloff wonders, shouldn't Hynes be more willing to answer questions about her time at Milberg?

Mel's Milberg mistakes - PointOfLaw Forum

Considering the skill Milberg Weiss has shown at chasing other people's assets into every hidey-hole where they may be found, it's remarkable that the partnership made the kind of mistakes it did in leaving itself structurally vulnerable to liability -- that is, unless it believed it led a charmed life and would never get caught. Justin Scheck at the Recorder explains. P.S. PoL contributor Larry Ribstein has also now posted his take.

Quoted in NYT today - PointOfLaw Forum

Around the web, October 16 - PointOfLaw Forum

Around the web, October 11 - PointOfLaw Forum

  • Wish I could attend dept.: on this coming Monday Oct. 15 NAM is hosting afternoon seminar in D.C. on civil procedure reform. "Key topics include: notice pleading, streamlined discovery, expedited summary judgment process, frivolous lawsuits, forum shopping by domestic and foreign plaintiffs, and rationalizing punitive damages." [NAM "Capital Briefing", scroll; register]
  • Battle continues in Washington state over insurer bad faith Referendum 67 [AP, Insurance Journal, Seattle Times, Sue Evans & Dana Childers @ The Olympian, Seattle P-I, chamber head Don Brunell; earlier here and here]
  • Oklahoma Gov. Brad Henry says his Brazilian fishing trip with trial lawyers was just pleasure, not business [ShopFloor]
  • Plop, plop, fizzle, fizzle: lawsuits alleging injury from ingredient PPA (phenylpropylalanine) in Alka-Seltzer Plus, Contac, etc. mostly strike out [NJLJ; OL last year]
  • Harvard's Arthur Miller, whose "longstanding relationship with Milberg Weiss" was noted previously, has a pro-liability piece out on Stoneridge [NLJ]
  • Florida injury lawyers eager to follow up on Engle with more tobacco suits [AP/Chamber, Jacksonville Daily Record]

Examiner's "Lawyers Gone Wild" series, cont'd - PointOfLaw Forum

The latest entries in the newspaper's multi-week series of special reports by Cheryl K. Chumley and Mark Tapscott include "Hard times descend on super-lawyer land" (Lerach and Milberg Weiss), "Tainted campaign donations will be kept, Democrats say", and "Defrauding justice: Should Congress investigate the liabilities lawsuit industry?" Ted and Jim are quoted in the "Hard times" story, and I'm quoted in the "should Congress investigate" story.

Where are the bar authorities? - PointOfLaw Forum

They claim to be the means by which the legal profession regulates itself, but they've done precious little to help out in the recent spate of litigation scandals from Milberg Weiss on down, argues Dan Popeo in the Examiner.

"Milberg Weiss faces the music" - PointOfLaw Forum

In the October 1 Fortune, Peter Elkind summarizes where matters stand, with three of the four leaders of the "lawsuit factory" pleading guilty, and Mel Weiss taking his chances at trial.

If you're not reading Overlawyered... - PointOfLaw Forum

If you're not reading my other blog (with co-contributors Ted Frank and David Nieporent) you might be missing stories like these:

Around the web, September 6 - PointOfLaw Forum

  • Class-actioneer Michael Hausfeld steers $5.1 million antitrust cy pres payout to fund new Center for Competition Law at George Washington U.'s law school; from the description, sounds like the center will furnish policy ammo for antitrust plaintiffs' bar [GWU press release]

  • PoL contributor David Rossmiller slices and dices a naively credulous Bloomberg News report on insurance bad faith [Insurance Coverage Blog, here and (scroll) here]

  • Blawg Review #124 is a Labor Day special at George Lenard's [Employment Blawg; and check out other recent editions of the carnival]

  • Qui tam bar eyes False Claims Act suit against University of Phoenix as possible kickoff of college-suing bonanza [The Recorder]

  • Profile of a NYC birth-injury case [NY Mag, earlier this year]

  • Milberg Weiss, Grant & Eisenhofer, and Schiffrin Barroway Topaz & Kessler want $600 million -- $560 million in fees, $40 million in expenses -- for representing Tyco shareholders [Union Leader/U.S. Chamber]

Lerach retires; nearing a plea deal? - PointOfLaw Forum

Law.com reports in its summary:

Renowned plaintiffs attorney William Lerach, lead partner at Lerach Coughlin, announced Tuesday he's stepping down from the firm he started when he split off the West Coast offices of what is now Milberg Weiss. Lerach said he's planning to take some time off. That could include going to prison, or at least the U.S. Attorney's Office. Lerach is said to be nearing a deal with federal prosecutors related to legally questionable payments Milberg Weiss made to its lead plaintiffs and a former expert witness.

The WSJ Law Blog similarly reports that "Lerach has not been charged, but he is in advanced talks with prosecutors on a plea deal that could be announced in September and involve serving prison time, according to two people familiar with the investigation." It also has Lerach's departure memo to colleagues at the law firm that will now be known as Coughlin Stoia Geller Rudman & Robbins. Earlier Point of Law coverage of Lerach is here.

Around the web, August 27 - PointOfLaw Forum

  • Sorry, forum-shoppers, says New Jersey appeals court, but British Vioxx users have to sue Merck in Britain [NJLJ]

  • "As a general matter, we don't work with plaintiffs lawyers on a contingency fee." -- Maine assistant AG Peter LaFond, interviewed at WSJ Law Blog.

  • A no-liability Bermuda Triangle on the Montana and Idaho edges of Yellowstone Park? [Casper Star-Tribune]

  • Well, this should be fun: comedian/NYT business columnist/Milberg expert/bete noire of this site Ben Stein is narrator of a new movie promoting "Intelligent Design" [Orac, Panda's Thumb]

  • Outsourcing the picket line, cont'd: Miami carpenters' union said to pay only $20/day to homeless picketer, not exactly "living wage" [Miami New Times; earlier here, here, etc.]

  • "As much as I believe in the jury system, I routinely work to stay out of it -- and so does every good trial lawyer, at least part of the time." [Reed]

  • Prosecutors resubmit plea deal for disbarred Miami asbestos attorney/scamster Louis Robles [Daily Business Review]

  • More on defensive medicine and emergency room referrals [AngryDoc via KevinMD]

Around the web, August 10 - PointOfLaw Forum

  • Grudge match of the class action world: Roger Parloff on the firm that's suing Milberg [Fortune Legal Pad]

  • Decline -- and fall, one may hope -- of the peremptory challenge [Reed]

  • Conservatives hail N.Y. Gov. Spitzer (no misprint!) for veto of bill rolling back welfare reform [NY Sun]

  • "Loophole"'s a word suited for opinion columns, seldom straight news -- but then what would become of careers like that of the NYT's David Cay Johnston? [Shafer, Slate]

  • Vexing contract-law question in great-granddad's time: whether to enforce sale of piano to house of ill repute [Farnsworth @ Volokh]

  • Defensive medicine: Caesarean section rate in U.S. now 30 percent, double what World Health Organization considers optimal [ABC News; Scheie]

Dissents on Milberg prosecution - PointOfLaw Forum

"So the money was passed, literally, under the table?" - PointOfLaw Forum

To stockbrokers who could help bring in plaintiffs, Milberg Weiss could be very nice. (Parloff, Jul. 12).

Into the memory hole - PointOfLaw Forum

Yesterday, [the MilbergWeissJustice.com] webmaster discreetly deleted from the site the statement that Bershad�s lawyer had made for him on July 16, 2006, when he suggested that prosecutors brought the case as retribution for a life of �standing up for the powerless,� called the indictment �a disgrace,� and denounced the charges as �utterly baseless.�

Milberg Weiss & Bershad is now just Milberg Weiss. Roger Parloff continues his fine reporting. The New York Times reports that Steven Cooperman will add his guilty plea today.

Nathan Koppel is reporting that David Bershad will plead guilty, which suggests that he will testify against unindicted coconspirators Mel Weiss and William Lerach. [Cal Law Legal Pad; WSJ ($)]

Earlier POL coverage of Milberg Weiss indictment.

Update: Roger Parloff and Peter Elkind have more detail. Parloff earlier noted that the Los Angeles Daily Journal reported that Weiss and Lerach had turned down plea deals.

Further update: the WSJ has the plea agreement and the accompanying statement. Of particular interest is the admission that the slush fund used for paying kickbacks was funded by top Milberg Weiss partners in amounts "approximately proportionate" to their partnership shares: this is a strong indication that the indictment of Milberg Weiss is not the sort of Arthur-Andersen-type overreach of which many conservatives expressed concern, but, rather, an appropriate use of the criminal justice system to pursue an organization that was acting illegally. The WSJ reports ($) that Bershad will face fines and forfeitures totalling $8 million; it's unclear whether he will avoid jail time.

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