Florida Bar Moves to Suspend Lawyer Facing 31 Complaints. But No One Can Find Him.

José Angel Toledo is the subject of 31 disciplinary complaints filed with the Florida Bar by his clients and a medical provider, according to a petition the Bar filed with the Florida Supreme Court.

“The complaints against José Toledo say he stopped responding to client inquiries and failed to distribute funds in legal settlements,” according to the Tampa Bay Times. “The complaints echo one another, with some clients saying they never received money from settlements and others saying they had trouble getting in touch with him.”

Investigators have been unable to find him, too. His landlord evicted him from his office in September, and a Bar investigator entered the office and found nine filing cabinets and six credenzas filled with clients’ files.

Read the  Tampa Bay Times article.

 

 




Mossack Fonseca Law Firm Sues Netflix for Casting as Villain

Panama PapersBloomberg Law reports that the partners of Mossack Fonseca & Co., the law firm portrayed as the villains in the new movie Netflix “The Laundromat,” sued the company for libel and trademark infringement.

The firm’s complaint in U.S. district court in Connecticut claims the film “defames and portrays the Plaintiffs as ruthless uncaring lawyers who are involved in money laundering, tax evasion, bribery and/or other criminal conduct.”

The founders of the law firm implicated in the Panama Papers also say “the implications and innuendo converge to cast Plaintiffs in the light of mastermind criminals whose crimes include, but are not limited to, murder, bribery, money laundering and/or corruption.”

Read the Bloomberg Law article.

 

 




Biglaw Firm Hit by Law Student Protests Over Arbitration

Bloomberg Law reports that law students from elite universities protested outside DLA Piper offices in three cities Oct. 10, calling on the firm to drop arbitration agreements from employee contracts.

“Demonstrators from Harvard, Columbia, NYU and Georgetown law schools handed out leaflets in New York, Washington, and Boston,” writes Bloomberg’s Stephanie Russell-Kraft. “They’re part of a student-led initiative leveraging their status as top Big Law recruits to fight what they says is ‘harassment and discrimination in the legal profession.’”

DLA Piper partner Vanina Guerrero, who claims she was sexually assaulted and retaliated against by a fellow partner, said she is unable to bring those claims in court because of a mandatory arbitration agreement.

Read the Bloomberg Law article.

 

 




America’s Top Trusted Corporate Law Firms 2019

Forbes has partnered with market research company Statista to create a list of top U.S. corporate law firms, selecting 243 firms and identifying the most recommended ones in 17 practice areas, based on survey responses from 2,500 lawyers.

“The results include not only names well-known in the corporate and legal worlds—white-shoe law firms and members of London’s so-called “magic circle” of top law firms—but also boutique firms that focus on very specific branches of the law,” explains the article.

Of the 243 firms on the list, Kirkland & Ellis is the top revenue-producing firm in the world, with more than $3 billion in annual revenue. Also on that $3 billion list is Latham & Watkins.

Read the Forbes article.

 

 




Attorneys Say Disgraced Theranos Founder Elizabeth Holmes Isn’t Paying Them

Elizabeth Holmes

Elizabeth Holmes

Photo by Max Morse for TechCrunch

The Mercury News reports that lawyers representing disgraced Theranos founder and accused fraudster Elizabeth Holmes said in a civil case claim she hasn’t paid them for more than a year and probably never will, according to court records, and they don’t want to be her lawyers anymore.

“Ms. Holmes has not paid Cooley [LLP] for any of its work as her counsel of record in this action for more than a year,” lawyers Stephen Neal, John Dwyer and Jeffrey Lombard said in the filing. They are asking the court for approval to stop representing Holmes.

Holmes faces maximum penalties of 20 years in prison and a $2.75 million fine, plus possible restitution, according to Ethan Baron of the News.

Read the Mercury News article.

 

 




Repeat Offenders: Corporate Misdeeds Often Settled With Deferred Prosecution Agreements

Over the past few decades, Republican and Democratic administrations have increasingly leaned on deferred prosecution agreements in corporate criminal cases and non-prosecution agreements to settle allegations against corporations, according to a Washington Post report.

For example, JPMorgan Chase, the country’s largest bank, has repeatedly resolved federal investigations over the last eight years by striking a deal: It wouldn’t be prosecuted as long as it stayed out of trouble, writes the Post‘s Renae Merle.

“This comes at a time when the Trump administration is prosecuting fewer white-collar crimes,” she explains. “The number of cases brought against corporations fell to 99 last year, compared with 181 in 2015, according to the U.S. Sentencing Commission. Most were against small companies, 62.9 percent employed fewer than 50 workers, the commission reported.”

Read the Post article.

 

 




5 Biglaw Firms Make Working Mother’s List Of The ‘100 Best Companies To Work For’

The number of Biglaw firms on Working Mother’s list of the 100 Best Companies to Work For climbed from two in 2018 to five this year, reports Above the Law.

Making a return appearance on the list this year are Arnold & Porter and Katten Muchin Rosenman.

Joining them on the list this year are:

  • Finnegan Henderson Farabow Garrett & Dunner
  • Katten Muchin Rosenman
  • Pillsbury Winthrop Shaw Pittman

Read the Above the Law article.

 

 




Average Attorney Salary Might Surprise New Lawyers (And Judges’ Average Earnings Are Even Lower)

Money-payment-cashAn Above the Law contributor takes a look at a Bureau of Labor Statistics report and finds that the estimated mean annual wage for lawyers is a respectable $144,230.

Jonathan Wolf points out that while $144,000 a year doesn’t even scratch the bottom of the Milbank/Simpson/Cravath scale, it’s still “more than enough to live a comfortable life and have a reasonable shot at paying off your student loan debt.”

He breaks down the numbers by median annual wage (lower than mean annual) and shows the range from the 10th percentile to the 75th percentile.

He also looks at judges’ wages, which tend to be lower than other attorneys’.

Read the Above the Law article.

 

 




After Two Nights in Jail, St. Louis Lawyer Ordered to Pay $775,000 to Her Former Firm for Copying Client Files

St. Louis lawyer Chelsea Merta, who was found in contempt of court earlier this year, has been ordered to pay the Stange Law Firm more than $775,000 for copying thousands of client files a week before she resigned from the firm last year, reports the St. Louis P0st-Dispatch.

Tuesday’s order follows a July ruling that found Merta in contempt and ordered her to serve 48 hours in jail. The judge also required Merta to destroy all files in her possession or return them to the Stange Law Firm.

The order to pay $775,707 covers Stange Law Firm’s legal expenses toward months of investigating the case, a security firm’s forensic examination of Merta’s electronic devices and attorney fees, according to Post-Dispatch reporter Joel Currier.

Read the Post-Dispatch article.

 

 




How a Hard-Charging Lawyer Helped Fuel a Civil War Inside the NRA

Am ugly public fight inside the National Rifle Association has led to an exodus of high-level officials and warring accusations of financial impropriety. At the center of the fray is Brewer, a brash lawyer who has drawn ethics complaints and has a reputation for escalating disputes into pricey legal battles, according to a report in The Washington Post.

William Brewer III emerged as a top counselor to NRA chief executive Wayne LaPierre and a victor — for now, at least — in a civil war that he helped set in motion and that is ripping apart the powerful gun lobby, write the Post‘s Carol D. Leonnig and Tom Hamburger.

They explain:

“Several NRA veterans accuse Brewer of instigating an almost Shakespearean feud to protect his bottom line and growing influence. According to internal board correspondence, his small law firm billed $24 million in fees in 13 months — leading top NRA board members to demand early this year that the organization stop paying until they could review the bills.”

Read the Post article.

 

 




Marketing: A Quick Guide to Clean Email Distribution Lists

EmailFor marketing a law practice with email campaigns, a well-maintained email distribution list could mean the difference between engaging or alienating your audience, writes Christina DiPinto of Muse Communications.

“Creating a strong distribution list requires a large investment of time at the front-end,” she explains. “But if you take the steps to create an organized list, it will allow you to get more creative and intentional with your email marketing. Plus, it shows your audience that you’re taking the time to send content that is meaningful to them.”

In her post, she offers some tricks of the trade, and a brief warning.

Read the article.

 

 




Biglaw Firm Announces Nationwide Buyout Program

Above the Law is reporting that Morgan Lewis & Bockius will be offering voluntary buyout packages for all of its legal secretaries, across the country.

Senior editor Staci Zaretsky writes:

“Sources say that the firm’s separation package is extremely generous, and that those who take the deal will receive 2 weeks’ salary for each year of service, up to 52 weeks’ pay. Compared to the six-month cap we’ve seen at many Biglaw firms, longtime legal secretaries at Morgan Lewis could be walking away with a huge payday should they choose to leave.”

Read the Above the Law article.

 

 




Fourth Circuit Takes Up Secretive Raid on Law Firm

A Fourth Circuit judge didn’t mince words Tuesday as he appeared unlikely to support allowing the government to continue to sift through thousands of emails confiscated in a raid on an unnamed Maryland law firm, reports Courthouse News Service.

Federal agents seized tens of thousands of electronic files during a raid earlier this year, and now the government and the law firm are at odds on what is privileged, writes CNS’ Brad Kutner.

On of the three judges hearing the case pushed back on the DOJ protocol that allowed the taint team to contact clients and ask for privilege waivers. Client lists are very much protected under attorney-client privilege, said U.S. Circuit Judge Robert King.

Read the Courthouse News Service article.

 

 




Lawyer Loses First Amendment Challenge to Use of Bar Dues

Bloomberg Law reports that a North Dakota lawyer can’t pursue his First Amendment claims against the state bar association over compulsory membership and annual dues.

Bloomberg’s Jennifer Bennett explains: “Arnold Fleck sued after learning the State Bar Association of North Dakota was using some of his dues to oppose a state ballot measure he supported. He accused the state bar of violating his right to affirmatively consent before it spent his dues on non-germane political or ideological activities. Fleck also argued that requiring attorneys to belong to SBAND in order to practice law infringes on his ‘right to freedom of association and to avoid subsidizing speech with which he disagrees,’ Judge James B. Loken’s opinion said.”

The case was back in the U.S. Court of Appeals for the Eighth Circuit after the U.S. Supreme Court granted Fleck’s petition, summarily vacated the Eight Circuit’s decision, and remanded the suit for reconsideration.

Read the Bloomberg Law article.

 

 




Struggling Law Firms May Face Dissolution Risk in Recession

While law firms can and have gone bust for a multitude of reasons, the looming economic downturn will have law firms of all sizes reflecting on their future, predicts Bloomberg Law’s Meghan Tribe.

She quotes Jeffrey Lowe, head of Major, Lindsey & Africa’s law firm practice: “The lesson to take away is no matter how old you are, no matter how revered you are or how long you’ve been around, you can’t count on being around five years from now, 10 years from now, or certainly 20 years from now if you don’t adapt.”

Law firms should be “battening down the hatches” now and looking at the profitability of different practices to get a head start on dealing with issues ahead of an economic slide, Lowe advises.

Read the Bloomberg Law article.

 

 




Richmond-Based LeClairRyan Law Firm Files for Bankruptcy

After experiencing dramatic declines in gross revenue and profitability and an exodus of lawyers in recent years, the Virginia-based legal giant LeClairRyan has filed for bankruptcy, reports the Richmond Times-Dispatch.

The firm filed the petition Tuesday morning in the U.S. Bankruptcy Court in Richmond, writes Gregory J. Gilligan of the Times-Dispatch.

At its peak, the 30-year-old firm had 25 offices nationwide and almost 400 lawyers.

The firm listed between $10 million and $50 million in estimated assets and liabilities, bankruptcy court documents show.

Read the  Times-Dispatch article.

 

 




Private Lawyers Stand to Make $90 Million in Johnson & Johnson Opioid Ruling

Banking - investing - money - advisorsThe judgment in the Oklahoma opioid litigation, if upheld, could yield a huge return on investment for the private lawyers hired by Oklahoma’s Republican Attorney General Mike Hunter, reports Legal Newsline.

“Under their 2017 contract with the state, those lawyers — Whitten Burrage, Nix Patterson and Glenn Coffee & Associates — get 25% of any award up to $100 million with that percentage falling to 15% of anything over $500 million,” writes Legal Newsline’s Daniel Fisher.

And more big bucks could be in the pipeline: “They stand to earn $90 million in fees from this verdict, on top of $59 million of the $260 million Purdue Pharma settlement and another $21 million from an $85 million Teva settlement in June.”

Read the Legal Newsline article.

 

 




White Paper: Driving Disruption in the Law Department

Onit and SimpleLegal have jointly published a white paper on the benefits of disruption in the legal department.

“Driving Disruption in the Law Department” is available on Onit’s website for downloading at no charge.

“The growth of legal operations has been undeniable,” Onit says on its website. “We’re starting to see communities of strategic, business-minded individuals come together to drive disruption and influence operational change within the legal department.”

The joint white paper covers:

  • Why legal department disruption is a “good” thing
  • How process, technology, and data play a role in disruption
  • The rise of industry organizations including CLOC (Corporate Legal Operations Consortium) and ACC (Association of Corporate Counsel)
  • 7 predictions for the future of legal operations by Onit CEO and founder Eric M. Elfman and SimpleLegal CEO and co-founder Nathan Wenzel
  • How the legal community and technology vendors can work together to drive change and innovation

Download the white paper.

 

 




Court Forces Sale of Arbitration Award to Pay Biglaw Firm Fee

Law firm Dentons Europe LLP won Delaware court approval to have a former client’s $92 million arbitration award seized so that it can be paid for its legal services, reports Bloomberg Law.

The firm sued its former client, Customs and Tax Consultancy LLC (CTC), after CTC allegedly failed to pay for legal fees accrued in its arbitration victory against the Democratic Republic of the Congo.

The court sided with Dentons’ effort to get paid for its legal fees by having the court authorize arbitration award broker ClaimTrading Ltd. to seize the award and market it on behalf of CTC, explains Bloomberg’s Leslie A. Pappas.

Read the Bloomberg Law article.

 

 




Biglaw Firm Accused of Tax Error That Could Cost Bankers Millions, Report Says

Two powerful Wall Street investment bankers could be on the hook for millions of dollars in back taxes and penalties after one of the world’s most prestigious law firms allegedly botched their pay packages, according to a report in the New York Post.

The Post‘s Kevin Dugan writes: “The two bankers — Michael Kramer and Derron Slonecker — face an IRS crackdown on $10.4 million in compensation after their bank’s law firm, Weil, Gotshal & Manges, screwed up a deadline for routine paperwork, according to sources and a report Weil commissioned on the matter.”

The report says the law firm may have failed to disclose the alleged mistake to their client, investment bank Perella Weinberg Partners, in a timely fashion, according to Dugan.

Read the  NY Post article.