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Dana agrees to settle with retiree committee: law firm
Legal Careers News | 2007/09/05 06:37

Law firm Stahl Cowen Crowley LLC, counsel to Dana Corp's retiree committee, said the autoparts maker agreed to set up a trust to fund retiree benefits. As a part of a settlement, Dana will pay for retiree benefits for non-union retirees through July 1 and will contribute $78 million to fund the trust, the Chicago-based law firm said in a statement.

The company will also pay for the cost of setting up the trust and will work with the retiree committee to explore offering life insurance conversions when and if the underlying policies allow for conversions.



Lerach to Leave Law Firm Aug. 31.
Legal Careers News | 2007/08/29 07:37
Pioneering class-action attorney William S. Lerach said Tuesday that Aug. 31 will be his last day at the firm that bears his name. Lerach has been dogged by a seven-year investigation by federal prosecutors in Los Angeles into allegations that his former law firm in New York paid people to sign on as plaintiffs. In June, Lerach Coughlin Stoia Geller Rudman & Robbins LLP said that Lerach would leave the San Diego-based firm by the end of this year to focus on fighting the allegations and to allow the new firm to move out of the shadow of the investigation.

"We decided this was going to happen some time ago, and Labor Day seemed like a good time to do it," Lerach, 61, said in an interview. "I've worked a lifetime and a half and achieved what I wanted to achieve."

The famously mop-haired attorney declined to comment on the investigation.

Lerach's previous firm, Milberg Weiss Bershad & Schulman, was indicted in May 2006 by a federal grand jury in Los Angeles. Prosecutors allege the firm secretly paid more than $11 million in kickbacks to get people to take part in shareholder lawsuits, allowing its lawyers to be among the first to file lawsuits on behalf of shareholders and secure the lucrative position as lead plaintiffs' counsel.

The firm now known as Milberg Weiss and a former partner, Stephen Schulman, have pleaded not guilty to fraud and conspiracy charges and are scheduled to be tried in January 2008.

Another former partner, David Bershad, pleaded guilty to conspiracy in July and will be sentenced early next year. Former physician Steven G. Cooperman also pleaded to a federal conspiracy charge for his role in the alleged kickback scheme.

Lerach has not been charged.



SEC official with local ties to join California law firm
Legal Careers News | 2007/08/24 06:56
Securities and Exchange Commission member Roel Campos will join the Palo Alto, Calif.-based law firm Cooley Godward Kronish when he leaves the SEC in September, the firm announced Thursday.

Campos, 58, a Harlingen native and former Houston radio executive, will become partner-in-chief of the firm's Washington office.

Campos, who has served on the commission for five years, announced Aug. 9 he would return to the private sector.

Before joining the SEC, he was one of two principal owner/executives of El Dorado Communications, a Houston-based radio broadcasting company.

In his new job, Campos will represent companies in SEC enforcement matters and internal investigations, advise corporate boards about governance issues, and counsel private equity, hedge and mutual funds on regulatory matters.

"I look forward to advising companies on important issues related to SEC guidelines and corporate governance that will benefit the companies themselves, as well as continue to bolster investor confidence," Campos said in a prepared statement.



Ernie Brooks, 64, led law firm
Legal Careers News | 2007/08/07 03:11

Ernie Brooks, president of Southfield-based Brooks Kushman P.C., an intellectual property and commercial law firm, died Thursday in a car crash in Farmington Hills.

Brooks, 64, founded the firm in 1983 along with partner James Kushman. They grew the firm from five attorneys and three secretaries to more than 50 attorneys and 60 support staff today.

A registered patent attorney and top-flight trial lawyer, Brooks was saluted last year as one of the nation's 10 best litigators by The National Law Journal, a weekly newspaper for the legal profession.

Funeral arrangements are being handled by the McCabe Funeral Home 31950 West 12 Mile Road, Farmington Hills.

Visitation continues 1 p.m.-9 p.m. Monday. Funeral services are 11 a.m. Tuesday.



Civil Rights Attorney Oliver Hill Dies
Legal Careers News | 2007/08/06 04:16

Oliver W. Hill, a civil rights lawyer who was at the front of the legal effort that desegregated public schools, has died at age 100, a family friend said.

Hill died peacefully Sunday at his home during breakfast, said Joseph Morrissey, a friend of the Hill family.

In 1954, he was part of a series of lawsuits against racially segregated public schools that became the U.S. Supreme Court's landmark Brown v. Board of Education decision, which changed America's society by setting the foundation for integrated education.

"He was among the vanguard in seeking equal opportunity for all individuals, and he was steadfast in his commitment to effect change. He will be missed," said L. Douglas Wilder, who in 1989 became the nation's first elected black governor and was a confidant of Hill's. Wilder is now Richmond's mayor.

In 1940, Hill won his first civil rights case in Virginia, one that required equal pay for black and white teachers. Eight years later, he was the first black elected to Richmond's City Council since Reconstruction.

A lawsuit argued by Hill in 1951 on behalf of students protesting deplorable conditions at their high school for blacks in Farmville became one of five cases decided under Brown.

Those battles to end the Jim Crow era were dangerous ones for Hill and other civil rights leaders. Hill once received so many threats that he and his wife, Berensenia, would not allow their son to answer the telephone.

Nor did his battle for civil rights bring him wealth.

"We got very few fees for any of this," he said in a 1992 interview in The Richmond News Leader.

Hill never lost sight of the importance of the 1954 court ruling. Without it, he said in an interview in the Richmond Times-Dispatch this year, "I doubt (the Rev. Martin Luther) King would have gotten to first base."

Hill was born May 1, 1907, and his father left when Hill was an infant. His mother remarried, and Hill took the name of his stepfather. He moved with his family to Roanoke, where he spent much of his childhood.

His mother was a maid and his stepfather was a bellman at an exclusive resort about 70 miles from Roanoke. While his parents worked, Hill stayed with a family that he says instilled in him pride in his black heritage.

"Consequently, from childhood I developed personal esteem and expected white folks to treat me like they did one another in such settings," Hill wrote in his autobiography.

Later, his family moved to Washington, where he graduated from high school and graduated second in his class from Howard University's law school in 1933. The top law graduate that year was his friend Thurgood Marshall.

Marshall and Hill were part of the NAACP Legal Defense and Education Fund team that fought the desegregation case to the Supreme Court. They remained close friends after Marshall became the court's first black justice.

He had recalled that when he started his law career, the court clerks in the building that housed the state Supreme Court of Appeals and law library allowed him to review legal books over weekends with the understanding that he would return them Monday mornings - "quite a gesture for those days," Hill said.

Two years ago, that building - now a century old and renovated - was renamed in Hill's honor. Though frail, he attended the 2005 dedication and, in a statement read by his son, said: "Who would have thought back in 1939, given the racial climate at the time, that 66 years later that building would be named after me."

Also in 2005, the National Association for the Advancement of Colored People honored Hill with its Spingarn Award for distinguished achievement. Earlier winners included King, home run record holder Hank Aaron, the Rev. Jesse Jackson and Rosa Parks.

Though blind and in a wheelchair in recent years, Hill remained active in social and civil rights causes. He remained active in the day-to-day operations of his law firm until 1998. The next year, he received the Presidential Medal of Freedom, the nation's highest civilian honor, from President Bill Clinton.

In 2003, Hill urged a Virginia legislative committee to support a resolution expressing "profound regret" for what was known in the 1950s as "Massive Resistance," the state-led effort to defy the Supreme Court's desegregation order. Rather than desegregate, Virginia chose to close entire public schools.

This past May, state officials unveiled images of a memorial planned on the state Capitol grounds in Richmond that features Hill and the students who staged the 1951 walkout at Farmville. The $2.6 million monument is to be unveiled next July. He also greeted Queen Elizabeth II during her visit to the state Capitol to commemorate the 400th anniversary of the founding of Jamestown, the first permanent English settlement in North America.



Chief Justice Is Released From Maine Hospital
Legal Careers News | 2007/07/31 10:09

Chief Justice John G. Roberts Jr. was rushed to a hospital here Monday afternoon after suffering a seizure at his summer island home, a Supreme Court spokeswoman said. oberts, 52, fell on a dock after having a "benign idiopathic seizure," said Kathleen Landin Arberg, the court's public information officer. She said that Roberts has "fully recovered from the incident" but that he would remain at Penobscot Bay Medical Center here overnight for observation.

Arberg said that the chief justice, who has presided over the court for two terms, received minor scrapes from the fall but that a "thorough neurological evaluation . . . revealed no cause for concern."

She said he experienced a similar event in 1993 but had no recurrence until Monday.

Seizures are any sudden, abnormal electrical activity in the brain. While some are focused in one part of the brain, others can be generalized. Not all seizures involve convulsions. Arberg's description of a benign idiopathic seizure indicates an episode whose origins are unknown.

Newsweek reported in November 2005 that Roberts suffered a seizure in January 1993 while golfing. "It was stunning and out of the blue and inexplicable," Larry Robbins, a Justice Department colleague, told the magazine. Robbins said Roberts was not allowed to drive for several months after the seizure and took the bus to work. The magazine quoted a senior White House aide as describing the episode as an "isolated, idiosyncratic seizure."

There is no record of any discussion of the 1993 seizure or of Roberts's health in general during his confirmation hearings. Sen. Arlen Specter (R-Pa.), who chaired the hearings, told CNN on Monday night that senators were told about the previous episode but did not find it serious enough to ask Roberts about. Roberts has no known history of major illness.

Roberts, the youngest member of the Supreme Court, took office as chief justice in September 2005 after being nominated by President Bush to replace the late William H. Rehnquist.

Roberts's seizure occurred around 2 p.m., Arberg said, when he was stepping off a boat after doing errands near his home on Hupper Island, which is about halfway up the Maine coast.

Hupper Island is part of the village of Port Clyde, which is contained in the town of St. George, according to Town Manager John M. Falla. He said that the island is not connected to the town by bridge, and that Roberts was brought by private boat to the mainland and taken by ambulance to the hospital, about 20 miles away.

St. George Fire Chief Tim Polky told the Associated Press that Roberts was "conscious and alert when they put him in the rescue [vehicle] and took him to Penobscot Bay Medical Center."

The chief justice was admitted by an emergency room doctor and seen by Judd Jensen, a staff neurologist, said Chris Burke, the hospital's director of marketing and communications.

He said Roberts was "aware and alert" when he arrived at the community medical facility, which is nestled among trees on the edge of Rockport, a picturesque Maine village about 90 miles northeast of Portland. He declined to say what the chief justice's full neurological evaluation entailed.

Burke said some of Roberts's aides had visited the hospital more than a year ago, when the chief justice bought the nearby vacation home. "Folks came by and checked out the facilities. That's a normal precaution for anyone in his position," he said.

Burke said he thinks doctors consulted with Roberts's regular physicians in the Washington area during the chief justice's evaluation.

Roberts was resting in a regular patient room on Monday night and had some friends with him, Burke said.

"Most seizures last from 30 seconds to two minutes and do not cause lasting harm," according to background information posted online by the National Institute of Neurological Disorders and Stroke, part of the National Institutes of Health. "However, it is a medical emergency if seizures last longer than 5 minutes or if a person has many seizures and does not wake up between them."

While seizures can be the result of a brain disorder such as epilepsy, the institute notes that they can also be a consequence of fevers, head injuries or even medication side effects.

Roberts and his wife, Jane Sullivan Roberts, bought the Hupper Island house last summer from Steve Thomas, former host of the PBS home-improvement series "This Old House."

The Bangor Daily News reported last year that the house is about 225 feet from shore, with a right of way to the beach and a water view toward Port Clyde General Store on the mainland. The island has 20 to 30 homes and more than a mile of shoreline.

When Roberts was confirmed by the Senate on Sept. 29, 2005, by a vote of 78 to 22, he became the youngest chief justice in more than 200 years and the third-youngest ever to assume the office.

Since the court adjourned in late June, Roberts has taught at a law school summer program in Europe and attended an international judicial conference in Paris. He was back in Washington last week, and on Friday left work early to attend a party celebrating his daughter's seventh birthday. The Robertses have two young children.

Roberts was originally nominated to succeed Justice Sandra Day O'Connor, who announced in July 2005 that she was retiring. But upon Rehnquist's death, Bush decided to make Roberts his nominee for chief justice and later nominated Samuel A. Alito Jr. to replace O'Connor.



Retention Is a Midsize Law Firm Priority
Legal Careers News | 2007/07/18 11:34

After a decade of co-chairing the litigation group at a 50-lawyer firm in downtown Cleveland, Kenneth Zirm was looking for a job with a little more Zen. This month, he may find it. The 49-year-old starts at 180-attorney Ulmer & Berne as director of its associate development program, where he will work with 70 or so junior lawyers to make sure that they are getting the guidance and support they need and that the firm is hanging on to its keepers. "We don't want to just pay them a lot of money," he said.

Although most of the megafirms in recent years have invested in hiring associate-development teams to help coordinate programs and address work-life issues, development director positions are new for many midsize regional firms. Law firm leaders and career professionals say that the jobs are becoming increasingly important as business for most law firms of all sizes remains strong and the pool of law school graduates stays stagnant.

Attrition problems, though on a smaller scale than those at giant firms, have prompted midsize law firms to hire development directors. But these firms also are bringing in career professionals because of another pressure from the market.

"Midsized firms don't want to lose associates who want the training they feel like they'd be getting" at bigger firms, said Marina Sirras, president of Marina Sirras & Associates, a legal recruiter in New York. One of the factors associates use to gauge the strength of a firm is whether it has someone dedicated to helping them climb the ladder to partner.

$200,000 BASE PAY

As a result, more and more are hiring full-time, highly qualified people to watch over their junior lawyers.

"They're willing to pay a lot of money -- $200,000 base pay -- because they want their expertise passed on to associates," she said.

In Zirm's case, he left his job as a partner at Cleveland's Walter & Haverfield, a 75-year-old firm, because the development director position at Ulmer tapped into what had become the favorite part of his job at his old firm: helping budding lawyers.

"I had a 10-year run of supervising litigation associates," Zirm said. "It was one-on-one coaching and mentoring."

Ulmer & Berne managing partner Kip Reader said that the key in filling the newly created position was to find an experienced attorney who could pass on to associates the lessons learned in ascending to partnership.

NALP, formerly the National Association for Law Placement, estimates that by the time associates at large law firms are in their fifth year of practice, about 80 percent have left their jobs. High associate attrition is occurring at the same time that law firms are reporting record revenues and law schools are churning out the same number of graduates -- about 40,000 -- each year.

"We've got our attrition issues like everybody else," Reader said. "Our associates need to know the firm is supportive and is willing to devote the resources."

The NALP employment Web site is replete with listings from law firms of all sizes looking for associate development directors, but a number of recent postings are from midsize law firms with newly created positions. Until recently, midsize firms that had formally addressed associate development needs did so mostly by bringing in consultants or handing off the responsibilities to attorneys or administrative employees busy with other duties, said Sirras, the recruiter. But now, even firms that hire fewer than 20 new associates each year are looking for full-time directors, she said.

CATCHING UP

Molly Peckman, director of professional development at 445-attorney Pepper Hamilton, based in Philadelphia, said she has noticed an increase in attorney-development jobs available at midsize firms. She has received calls from several headhunters, she said, seeking to fill newly created positions.

"The larger firms set the standards of professional development, and now the midsized firms are catching up to bringing people in-house," she said.

Phoenix-based Lewis and Roca is seeking its first professional-development director. The person whom the 200-attorney firm hires will work mainly with associates and nonequity partners, said managing partner Kenneth Van Winkle.

The decision to create the job was part of the firm's move two years ago to convert to a two-tier partnership structure, which included nonequity partners. The agreement among firm leaders to reconfigure the partnership structure included some "horse trading," Van Winkle said, in which he made the commitment that the firm would hire a development director to assist associates and nonequity partners in becoming full partners.

Lewis and Roca had in place a development strategy, he said, but without someone to handle it full time, it was not getting implemented. Partners would volunteer to do the job, but they would set aside the tasks in favor of client business.

"It's all sitting there waiting," he said. "We've provided the bones; we want someone who can put meat on the bones."

Whoever fills the job will be busy. Responsibilities include handling matters of mentoring, retention, training, career planning and counseling, succession planning, diversity initiatives and many more. The person will answer to Van Winkle, which he said is critical to the credibility and accountability of the position.

Delaware-based Young Conaway Stargatt & Taylor had similar implementation challenges before it hired a development director. Two years ago, it was one of the first midsize law firms in Delaware to bring in a full-time director to work with the 10 to 15 associates it hires each year. The firm hired Patricia Widdoss, an associate at the time in the Wilmington, Del., office of Skadden, Arps, Slate, Meagher & Flom. Widdoss, who previously clerked for the 3rd U.S. Circuit Court of Appeals, also handles pro bono cases.

James Patton, managing partner of 102-attorney Young Conaway, said associate retention is "one of those business-side problems" that lawyers who practice full time are not good at solving.


The National Law Journal
July 19, 2007



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