Todays Date: Insider Exclusive      Law Promo      About us      Advertise Add this website to your favorites
   rss
Alabama
Alaska
Arizona
Arkansas
California
Colorado
Connecticut
D.C.
Delaware
Florida
Georgia
Hawaii
Idaho
Illinois
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Maryland
Massachusetts
Michigan
Minnesota
Mississippi
Missouri
Montana
Nebraska
Nevada
New Hampshire
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Oregon
Pennsylvania
Rhode Island
South Carolina
South Dakota
Tennessee
Texas
Utah
Vermont
Virginia
Washington
West Virginia
Wisconsin
Wyoming
  Law Firm News

Indicted U.S. law firm Milberg LLP is in settlement talks with federal prosecutors to resolve a long-running criminal case involving accusations it paid illegal kickbacks to clients, sources close to the talks said on Tuesday.

New York-based Milberg, scheduled to go on trial in August, is discussing ways to resolve the case with the U.S. Attorney's Office in Los Angeles, according to two people with knowledge of the talks who asked not to be identified because of the sensitivity of the negotiations.

Prosecutors contend Milberg, a specialist in investor class-actions long feared in corporate America, provided secret cash payoffs to clients over a span of 25 years. The firm is accused of hiding the arrangements from judges and other plaintiffs, reaping $250 million in attorneys' fees in more than 225 lawsuits in which it paid individuals to bring cases.

The firm did not immediately respond to a request for comment. The U.S. Attorney's Office declined to comment.

It was not immediately clear how advanced the talks were or what possible resolutions were being discussed.

Milberg co-founder Melvyn Weiss, one of the best-known U.S. shareholder lawyers, pleaded guilty on April 2 to racketeering charges in connection with the alleged scheme and faces as much as 33 months in prison when he is sentenced in June.

The firm, now named after firm co-founder Larry Milberg, who died in 1989, dropped Weiss' name in March after the plea deal was announced. At the time, Executive Committee member Sanford Dumain said that Milberg was "seeking to find a fair and appropriate resolution of remaining issues" so that it could move forward with its work.

Since its May 2006 indictment, the firm has struggled to hold on to clients and lawyers, rarely bringing new securities fraud class-actions and instead working on its overhang of previously filed litigation.

Still, the firm was the top-ranked U.S. plaintiff's law firm in terms of class-action securities fraud settlement winnings last year, getting $3.8 billion in finalized pacts on behalf of investors, according to shareholder advisory firm RiskMetrics Group. Much of that is due to a $3.2 billion settlement for investors who sued Tyco International Ltd following an accounting scandal

Six other individual defendants have pleaded guilty in the Milberg criminal case, which prosecutors have been investigating for eight years. Weiss's protege, William Lerach, who left the firm in 2004 to form his own San Diego-based law practice, pleaded guilty to a single count of conspiracy last year and was sentenced to two years in prison.

A court document filed in the case last month, seen on Tuesday by Reuters, also mentioned talks between the government and the Milberg firm about resolving the case. The March 28 filing said "the government and defendant Milberg are currently engaged in discussions concerning potential disposition as to Milberg."

The filing, signed by lawyers for the government and for the firm, asked the judge overseeing the proceedings to postpone several pretrial deadlines related to hearings and motions, saying that both sides "believe that it would facilitate their case disposition discussions to delay the deadline" for Milberg to file certain documents in the case.

According to prosecutors, Milberg recruited clients with large stock portfolios who would serve as lead plaintiffs in stock fraud cases in exchange for a share of the firm's legal fees. Before class-action reforms were enacted, the kickbacks allowed Milberg to be the first to file lawsuits, allowing it to obtain lead counsel status and lucrative legal fees.

Legal experts say there likely is little incentive for the law firm to go to trial now that Weiss and other individuals have pleaded guilty. They say prosecutors also do not like to put corporate entities on trial, given what a criminal conviction can mean for rank-and-file employees.



Prominent Boston commercial litigation boutique Hanify & King is making a major play for intellectual property litigation and transactional work with a new Washington office staffed by five attorneys moving from Bingham McCutchen.

Hanify & King, traditionally, focuses on business litigation, bankruptcy work and corporate and real estate transactions, but some of the firm's trial lawyers have also made limited forays into intellectual property litigation.

Besides considerably expanding the firm's intellectual property litigation expertise, the new Washington lawyers add patent prosecution and opinion capabilities to the firm, said president and firm co-founder Jim King.

"We really didn't have the depth and overall capability to go very far in that practice," King said. "That's really the primary motivation behind this change."  

The Washington office opened on March 17 with former Bingham partner Ed Pennington, who is now a Hanify & King shareholder. Pennington said four Bingham associates will follow him shortly.

"My client following is sufficient to keep five attorneys busy full time," Pennington said.

King, who will shuttle back and forth from Boston and manage the new office, said he has a number of significant clients in Washington, including venture capital group Paperboy Ventures LLC.

The firm's Boston litigators will also spend more time in Washington, he said.

The Bingham team brings the firm up to 36 attorneys. Hanify & King also hopes to add another couple of intellectual property lawyers by the summer, King said.

Adding intellectual property heft in Boston is also a priority, Pennington said, but the main intellectual property team needs to be in Washington to be close to several key venues: the International Trade Commission; the U.S. Court of Appeals for the Federal Circuit, which hears patent and trademark appeals; the U.S. Patent and Trademark Office; and the U.S. District Court for the Eastern District of Virginia, a popular patent lawsuit venue with a so-called "rocket docket," or speedy trial schedule.

"This is probably the most important IP venue in the country," Pennington said. "It would make sense for Hanify & King to have the flagship IP group in D.C."

Legal consultant Marci Krufka, a principal with Altman Weil Inc., wasn't familiar with Hanify & King's expansion, but she said it makes sense for a litigation firm without much intellectual property depth to acquire an IP group or another firm, as long as the types of clients and market sectors mesh.

"It's hard breaking into a new market, period," Krufka said. "If you can start with an ongoing practice that is on the ground in that market and has clients, [it] is always a lot better."

Intellectual property remains a desirable practice area because there's a high demand for knowledgeable practitioners and firms can charge premium rates for the work, Krufka said. "A lot of firms would like to acquire an IP practice," Krufka said.

Pennington, who began his legal career in the early 1980s when intellectual property was, mainly, a boutique practice, was seeking a chance to start an IP group from the ground floor.

Pennington worked at successively larger firms, including stints at New York-headquartered midsize intellectual property firm Morgan & Finnegan and Swidler Berlin, which he joined in 2000 to launch that firm's intellectual property group. Bingham acquired Swidler in February 2006.



Law Firm Web Design by Law Promo

© 2008 LegalNewsPost.com - All Rights Reserved.

The content contained on the web site has been prepared by LegalNewsPost.com
as a service to the internet community and is not intended to constitute legal advice or
a substitute for consultation with a licensed legal professional in a particular case or circumstance.
   Legal News Links
  Law Promo News
  Daily Bar News
  Law Firm Web Design News
   Law Firm Site Links
  Ringler Kearney Alvarez LLP
  Progressive Tax Group
  Military Trail
  Khouri Law
  Costell & Cornelius
  King & Yaklin, LLP
  The Law Offices of Julia Sylva
  Roth Law Group
  Click The Law
  Breaking Legal News