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SKorea court to rule on probe into president
International |
2008/01/08 06:55
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The Constitutional Court will issue a ruling this week on whether the scheduled special investigation into President-elect Lee Myung-bak's alleged involvement in a 2001 financial scam is unconstitutional or not.
President Roh Moo-hyun appointed Chung Ho-young, a former chief of the Seoul High Court, as special counsel Monday to lead the probe of the President-elect. But the launch of an investigation, which is expected to start Jan. 14, depends on the court's ruling.
Chung, 60, currently serves as a lawyer for the Seoul-based law firm, Bae, Kim & Lee LLC.
Under a special bill initiated by the pro-government United New Democratic Party (UNDP) and approved by the National Assembly last month, Chung is to conduct an investigation into allegations of the alleged past misdeeds of Lee until shortly before his inauguration on Feb. 25.
Hours after the appointment, the Ministry of Justice submitted its opinion to the Constitutional Court that the law on special investigation of Lee contained unconstitutional clauses.
But the Supreme Court, which was also asked to submit am opinion on the probe, has declines to do so, court officials said, citing possible conflicts of interest.
Last week, six plaintiffs, including the President-elect's brother and brother-in-law, filed a petition with the Constitutional Court, claiming that the scope of the law contravenes the Constitution.
Two days before his election on Dec. 19, the prosecution cleared the CEO-turned presidential candidate of any wrongdoing, but pro-government and minor opposition party lawmakers passed a bill requiring an independent investigation into the allegations.
The Justice Ministry said that the law goes against the Constitution, which bans multiple investigations into the same allegations against a suspect.
It also said the law, which empowers the chief judge of the Supreme Court to name a special prosecutor, could be unconstitutional, citing the principle of the separation of power between the judiciary and the prosecution.
Constitutional Court officials said no schedule for a verdict has been fixed yet. ``But considering the urgency of the issue, we have decided to issue a ruling as early as possible,'' an official said.
Cheong Wa Dae downplayed the ministry's petition. ``Is there any past case that the Justice Ministry supported a special probe? Some critics have always called the planned special probe unconstitutional,'' Roh's spokesman Cheon Ho-seon said.
Asked about the next move of the presidential office under a possible ruling of ``unconstitutional,'' the spokesman said, ``We will state our official position if the court declares it to be so.''
Cheon added that the presidential office's internal belief was that the investigation was legitimate. |
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US law firms: overpaid, over here and taking over?
International |
2008/01/08 02:57
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Among her 300 million citizens, America finds room for 2.2 million prisoners, half a million soldiers — and 1.1 million lawyers, increasing numbers of whom find their way across the Atlantic. From Park Lane to Mincing Lane, US law firms now deploy 3,900 lawyers in London. While one Washington wag labels them “our most ominous export”, some predict that, short of full-blown recession, their number may double within five years. Wartime GIs in Britain, often caricatured as “overpaid, oversexed and over here”, have a contemporary equivalent: the London managing partners of US law firms, who entice elite City lawyers with seven-figure packages. Rainmakers in finance, tax and mergers and acquisitions (M&A) have been charmed away by Cadwalader, Kirkland & Ellis, Skadden, Arps and Simpson Thacher. The result? US firms’ annual London billings comfortably exceed £1.2 billion, while 100 or more of their local partners are in the £1 million-a-year club. "Our strategy has been to recruit well-known partners from well-known firms,” Mike Francies, London head at Weil, Gotshal & Manges, says. The former Clifford Chance M&A lawyer, a Watford FC and Zutons fan, is “an incredibly hard worker, who runs a very tight ship”, says one admirer. As relative latecomers, Weil, Gotshal has rapidly grown to 120 lawyers, fuelling its drive to become a world leader in private equity. “We already compete with the UK market leaders: Ashurst, Clifford Chance and Freshfields,” Francies says. His most prominent recruit, Marco Compagnoni, the former Lovells’ private equity head, is on a £1.3 million annual deal, fixed for two years. “We looked at Marco’s seniority, experience and clients when deciding to hire him,” Francies says. “There have been people we would have liked where other firms paid more. If you start paying too much, you’re building problems for the future.” He points to Kirkland & Ellis hiring the private equity stars Graham White and Raymond McKeeve — both from Linklaters — for packages of £3.5 million and £1.5 million respectively, guaranteed for three years. Kirkland also hired Stephen Gillespie, an Allen & Overy partner, in a reported £1.8 million annual deal. “I can’t see how it works. I’ll be interested to see if they’re all there in three years’ time,” Francies says. A byword for prestige, pre-eminence and very strong profitability, Sullivan & Cromwell came to London in 1972. But when Bill Plapinger, the London managing partner, arrived from New York in 1987, it still had only five lawyers. Today, it has seventy. Fifteen are UK qualified, of whom five are partners. These include some big lateral hires: English corporate star Vanessa Blackmore, ex-Allen & Overy, and M&A heavyweight Tim Emmerson, formerly at Milbank Tweed, London. “We have no interest in growth for growth’s sake. Critical mass does not mean having armies of lawyers,” Plapinger says. “We’ve grown almost exclusively in response to client demand. Competing against firms several times our size, we use relatively small, focused, highly integrated teams.” He adds unapologetically: “We work our lawyers very hard.” The strategy pays off. As advisers to 40 of Europe’s 300 largest companies, S&C dominates the capital markets and M&A league tables. “Most clients are European rather than US-based,” Plapinger says. “Outside the ‘magic circle’, our competition is Cleary Gottlieb, Shearman & Sterling, Skadden, Arps, Davis Polk and Cravath. We want to be chosen for our experience and understanding of the deal technology. The legal world can be seen as a pyramid: the most desirable work is at the very top. Lots of firms want to be there; very few succeed.” Several large London offices have evolved from transatlantic mergers: Mayer Brown, Jones Day, DLA Piper and Dechert. Last January, Reed Smith tied up with Richards Butler. Although the Clifford Chance-Rogers & Wells marriage is eight years old, no top-flight New York firm has yet been seduced by the overtures of Freshfields or Allen & Overy — both keen to find a suitable partner. “I can’t see it happening. The economics make it unattractive,” Plapinger says. White & Case has grown exponentially since 2002, giving it the largest London office of any non-merged US firm: 346 lawyers, 80 per cent of them UK qualified. Deutsche Bank and Morgan Stanley are typical clients. Peter Finlay, the London managing partner, explains: “We’ve established a broad-based, local firm with disputes, pensions, IP, construction and employment capacity. Very few US firms have that. “One key objective was to build the leading finance practice of a US-headquartered firm in London, to get on the panels of major companies. We now have the largest acquisition finance team. We also have 53 trainees, more than any other US firm. “Our billable hours per lawyer are less than some. We don’t have the reputation of being a sweatshop. We have flexible and part-time working to attract and retain staff.” Finlay has discussed merger with London firms, but none recently. “It’s not part of our plan,” he says. So who does he benchmark? “Shearman & Sterling and Latham & Watkins.” A bellwether for many US firms in London, Shearman & Sterling has been managed locally since 2003 by Kenneth MacRitchie: “Working for a US law firm is very liberating,” the former Clifford Chance project finance partner says. “The culture is very entrepreneurial. We’ve tried to develop an English law practice that competes with the magic circle. We took some leverage finance partners from Ashursts. We saw that the combination of English law debt finance and New York high yield would be a winner. Our English corporate law practice took off when we hired Peter King from Linklaters.” Last month, he lured high-yield partner Jacques McChesney from Latham. “The prize,” he believes, “is to create a firm that combines top-end New York law and English law capability in a global network. US firms have taken a significant share of London work. It will only increase. “New York firms are much more successful here than London firms have been in New York.” Strong in banking and finance, Shearman now has 158 London lawyers — approximately 70 per cent practise English law. “We want to have a much bigger European footprint in M&A,” MacRitchie says. Although London has been among the most profitable of the firm’s 20 offices, he is quick to highlight that “New York supports a significant amount of overhead. We have not grown as fast as some because we won’t compromise on quality. We’re not at optimum size yet — we will grow substantially.” Latham & Watkins wins many plaudits. Having built a strong European presence within a decade, it is the only US firm to join Skadden in the global Top Five. “Taking growth, the quality of their people and how far they’ve come, they really stand out,” one prominent City observer says. Latham came to London in 1990. Most of its 170 lawyers are more recent arrivals, including tax partners Sean Finn and Daniel Friel, hired from Lovells in 2006. Andrew Moyle, the managing partner, joined in 2003 as an IT and outsourcing specialist from Shaw Pittman. Grown from an LA base, “Latham has no head office,” Moyle says. “In London, we’re full service. Disputes, private equity, M&A and finance have been the big growth areas.” Moyle highlights a different culture from traditional Wall Street firms: “We never thought we could come in and dominate from Day One, a mistake that several firms made. “We totally reject a star culture and pride ourselves on a consensus-driven model. We want team players, not prima donnas. You can’t become a partner here without the blessing of the associates committee. We don’t do special deals for laterals. How can a successful US law firm be so considerate and so profitable? Many people are sceptical. Somehow we manage both.” |
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Court Imposes Strict Deadline in Lawsuit
Court Watch |
2008/01/08 02:54
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The Supreme Court on Tuesday imposed a six-year deadline for suing the federal government in property disputes. The justices ruled 7-2 that a company waited too long to complain in court that the government took the firm's property. The decision came in a suit by the John R. Sand & Gravel Co. of Lapeer County, Mich., which sought compensation for the loss of some of the land it had leased from the property owners. Justice Stephen Breyer said a federal appeals court was correct in raising the deadline question without being asked to do so, and to rule that the company had missed the deadline. In some instances such as lawsuits against the government, the Supreme Court "has often read the time limits ... as more absolute," Breyer wrote. Justice John Paul Stevens dissented, saying the majority's decision "has a hollow ring" because the court previously had overturned a precedent that it relied on for Tuesday's decision. Justice Ruth Bader Ginsburg joined Stevens in dissent. In the 1990s, the Environmental Protection Agency began blocking access to portions of the property because the agency was overseeing the cleanup of a landfill under the federal Superfund law. The owners of the 158-acre site in Metamora Township, Mich., had used part of the property for a landfill for tens of thousands of drums of toxic industrial waste. The dispute is among several recent cases regarding whether filing deadlines under various laws prohibit courts from hearing a case or merely lay down rules on how and when to file a claim. At issue in the current case is the power of the U.S. Court of Federal Claims under the Tucker Act. The act allows lawsuits against the government for claims involving federal contracts and the taking of private property without fair compensation. In the suit involving John R. Sand & Gravel Co., the U.S. Court of Appeals for the Federal Circuit said it had no jurisdiction to hear the lawsuit because of the six-year deadline. |
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Nixon Peabody Names Richard Langan Jr. as CEO
Law Firm News |
2008/01/07 11:34
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Nixon Peabody LLP said Monday it named Richard Langan Jr. to take over the law firm as chief executive and managing partner.
He will move into his new role May 1, succeeding Harry Trueheart III, who has been at the helm for more than 13 years and will become the firm's nonexecutive chairman.
In Trueheart's new capacity, he will focus on client relationships, firm strategy and special projects, according to a company statement.
A Nixon Peabody spokeswoman said the New York-based international law firm's largest offices are in New York, D.C., Boston and San Francisco. The firm employs 700 attorneys. It has 110 attorneys in D.C., according to Washington Business Journal research.
Langan joined Nixon Peabody in 1980 as a first-year associate. He was most recently chair of the firm's business and financial services department. Langan is also a director of Minetta Brook, a non-for-profit arts foundation in New York.
About three months ago, the firm appointed Karen Greenbaum chief operating officer. She formerly was president and chief operating officer for Mercer LLC's U.S. operations. Greenbaum replaced John Gerhard, who announced his retirement after 25 years with the firm. |
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Spilman Law Firm Joins World Services Group
Law Firm News |
2008/01/07 11:29
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Spilman Thomas & Battle announced it has joined World Services Group, a network that provides access to the services of other members.
The World Services Group provides a local, regional, national and global forum for communication, information exchange, networking and identification of business expansion opportunities, Spilman said. This is accomplished through peer-to-peer networking, professional development and annual conferences.
Spilman said it is the exclusive West Virginia law firm member of World Services Group. There are more than 130 member firms. The firms operate in more than 115 countries and throughout the United States.
Eric Iskra, Spilman's member in charge of client relations, said in a prepared statement that after researching the opportunity to join World Services Group, "we could only come to one conclusion - that membership would reap huge benefits for our clients. We are also pleased that this network does not limit us to the West Virginia boundaries, but allows our clients to benefit throughout our region."
Spilman, headquartered in Charleston, has offices in Morgantown and Wheeling; Pittsburgh.; Winston-Salem, N.C.; and Roanoke, Va |
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Crowell & Moring Add Partner in Irvine Office
Law Firm News |
2008/01/07 11:27
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Crowell & Moring LLP is pleased to announce the addition of partner Karen A. Gibbs to the firm's Irvine, California office. Gibbs joins Crowell & Moring's Antitrust Group and will anchor the firm's Health Care Group on the West Coast. She previously
held the position of lead in-house counsel at Applied Medical, a privately-held global medical device company headquartered in California.
Gibbs represents companies in the medical device, pharmaceutical, biotechnology and other health care and life science sectors. She also has successfully represented companies in the airline, computer hardware and software, currency exchange, food and beverage, office products, sports equipment and telecommunications industries. Gibbs focuses on antitrust and unfair competition litigation, anti-kickback and false claims matters, sales and marketing ethics, patent and trade secret disputes, the intersection of antitrust and intellectual property law, licensing disputes, non-compete and employment disputes, and distribution transactions and disputes.
"Karen is a major talent and we are very happy to have her on board," said Steven P. Rice, head of Crowell & Moring's California office. "Her track record in representing health care and life science companies makes her an important legal player in the industry. She will anchor the firm's health care practice in California and complement our existing antitrust, commercial litigation and intellectual property capabilities."
Gibbs said, "I joined Crowell & Moring, because, in addition to its noted strengths in antitrust, health care, intellectual property and complex litigation, the firm has a prominent Washington, DC presence and global focus. I also wanted to join a firm whose culture fosters team work and creativity to deliver outstanding client service to companies of all sizes, from start ups to Fortune 50 companies."
At Applied Medical, Gibbs headed the legal and contracts departments, managed all trial and litigation matters and provided general counsel to all of the company's operational groups and global subsidiaries. Her in-house experience provides her with insight into the challenges in-house business and legal teams face in an increasingly globally-competitive environment.
"There are increasingly intense competitive, distribution and compliance challenges in health care," said Gibbs. "Having counseled and represented a number of health care companies over the years and also having been an industry insider at a highly-competitive, global company for nearly five years, I understand the pressures in-house legal and business teams face to meet these challenges. My role is to help these teams and their companies meet these challenges using creative and multidisciplinary approaches."
Before joining Applied Medical, Gibbs practiced antitrust, intellectual property and commercial litigation with major law firms in Southern California and the Silicon Valley. In addition to representing Applied Medical both as outside and in-house counsel in multiple litigation matters and trials, Gibbs has successfully represented Amgen, Interpore Cross International (now Biomet), Sun Microsystems, Electronics for Imaging, Travelex Currency Services, and numerous other well-known companies.
Gibbs received her B.A. with a double major in Law & Society (Political Science) and Psychology from the University of California at Santa Barbara, with Distinction, Phi Beta Kappa and High Honors. She received her J.D. from the University of California, Hastings College of the Law. During law school, Gibbs was Editor-in-Chief of the Hastings Communications and Entertainment Law Journal and also a judicial extern to the Honorable Joseph T. Sneed III of the U.S. Ninth Circuit Court of Appeals.
Crowell & Moring LLP is a full-service law firm with more than 350 lawyers practicing in litigation, antitrust, government contracts, health care, labor and employment, corporate, intellectual property and more than 40 other practice areas. More than two-thirds of the firm's attorneys regularly litigate disputes on behalf of domestic and international corporations, start-up businesses, and individuals. Crowell & Moring's extensive client work ranges from advising on one of the world's largest telecommunications mergers to representing governments and corporations on international arbitration matters. Based in Washington, D.C., the firm also has offices in California, New York, London, and Brussels. Visit Crowell & Moring online at
www.crowell.com. |
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Law Technology News Award Winners Announced
Legal Spotlight |
2008/01/07 11:21
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ALM's Law Technology News today announced law firm and in-house
law department winners in its fifth annual Law Technology News Awards
program. The awards recognize outstanding innovation by law firms and
law departments in their use of technology.
Awardees in the law firm categories are: Goodwin Procter; Ropes &
Gray; George Rudoy, director, global practice technology & information
services, Shearman and Sterling LLP; and John Sroka, chief information
officer, Duane Morris. The winner of the in-house law department award
is Kraft Foods, while the Wills for Heroes project was selected as the
pro bono award winner. These individuals and firms, plus vendor
winners in 14 technology categories, will be honored at the LTN
Technology Awards Dinner, at LegalTech New York on February 5.
"This year's winners exemplify the creativity, drive and
determination of our legal technology community, and their efforts to
provide superb service to their clients. We applaud their leadership
and are happy to celebrate their accomplishments at our annual LTN
Awards dinner," said Monica Bay, editor in chief of the magazine.
Most Innovative Use of Technology by a Law Firm: Goodwin Procter's
iStaff system was cited by the judges as a demonstration of creativity
in law firm use of technology. The system assists the firm in matching
attorneys and staff to new client matters.
Most Innovative Use of Technology During a Trial: Ropes & Gray was
named by the judges for innovative patent trial systems, providing
infrastructure and support for a complicated presentation in a case
conducted in only 9 days, with 16 witnesses and 230 exhibits.
Champion of Technology: George Rudoy, director, global practice
technology & information services at Shearman and Sterling LLP was
selected as this year's Champion of Technology for his work as head of
the firm's worldwide practice-specific technology services.
IT Director of the Year: John Sroka, chief information officer of
Duane Morris, was named IT Director of the Year for his leadership in
areas ranging from pro bono assignment tracking and specialized and
back office systems integration, to the firm's VOIP migration.
Most Innovative Use of Technology by an In-House Legal Department:
Gene Stavrou, associate director of records management at Kraft Foods,
and his team's Legal Hold Dashboard were the judges' selection in this
category. The Web-based in-house system enables the lawyer to place
legal holds and tracks compliance by employees.
Most Innovative Use of Technology for a Pro Bono Project: The
judges selected the Wills for Heroes project as an outstanding example
of how technology can support pro bono efforts. The Wills for Heroes
Foundation provides free wills, living wills, and powers of attorney
to first responders. The project operates in a number of states,
customized to each state's legal requirements.
Law firm and in-house nominations were solicited throughout the
year from the magazine's subscribers, and through the publication's
Web site. The recipients were selected by an independent panel of
three jurors, all members of LTN's Editorial Advisory Board: Andrew
Adkins III, director of the Legal Technology Institute at the
University of Florida Levin College of Law; Fredric Lederer,
Chancellor professor of law, and director of the Center for Legal and
Court Technology, at the College of William and Mary; and David
Whelan, manager, legal information, at the Law Society of Upper
Canada.
Additional information on the awards and winners will be available
in the March issue of Law Technology News and on the magazine's Web
site at www.lawtechologynews.com/awards.
Law Technology News provides timely information and insight into
the latest technologies, products and services available for the legal
marketplace. Each month, LTN features new product announcements, as
well as monthly articles and columns written by industry experts and
senior law firm decisionmakers. LTN is distributed to more than 40,000
selected subscribers and is also available on the Web at
www.lawtechnologynews.com. The magazine is published by ALM. |
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Class action or a representative action is a form of lawsuit in which a large group of people collectively bring a claim to court and/or in which a class of defendants is being sued. This form of collective lawsuit originated in the United States and is still predominantly a U.S. phenomenon, at least the U.S. variant of it. In the United States federal courts, class actions are governed by Federal Rules of Civil Procedure Rule. Since 1938, many states have adopted rules similar to the FRCP. However, some states like California have civil procedure systems which deviate significantly from the federal rules; the California Codes provide for four separate types of class actions. As a result, there are two separate treatises devoted solely to the complex topic of California class actions. Some states, such as Virginia, do not provide for any class actions, while others, such as New York, limit the types of claims that may be brought as class actions. They can construct your law firm a brand new website, lawyer website templates and help you redesign your existing law firm site to secure your place in the internet. |
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