Law Offices of Mark W. Ford, LLC

Banks May Lose $51 Million in Heller Dispute
A "clerical error" could cost Bank of America and Citibank $51 million if Heller Ehrman has its way in bankruptcy court. If the court rejects a correction, the banks would have to return money received from Heller within the 90 days preceding the firm's bankruptcy. Heller filed for Chapter 11 bankruptcy protection on Dec. 28, nine days after its San Francisco landlord had been granted a writ of attachment against the firm.

Obama Names Choices for Key DOJ Posts
President-elect Barack Obama began stocking the new Justice Department Monday, announcing key nominations, including Wilmer Cutler Pickering Hale and Dorr's David Ogden to the post of deputy attorney general, the department's No. 2 spot. Ogden's nomination had been seen as preordained by insiders, but bigger surprises came in Obama's selection of Harvard Law School Dean Elena Kagan as solicitor general and Dawn Johnsen, an Indiana University School of Law professor, to head the Office of Legal Counsel.

IP Holder Injects Itself Into Patent Lawsuit
There are usually two options in patent litigation: Fight or settle. But RPX, a company that buys and licenses patents for paying members, has presented a third option in a case between patent holder Acacia Research and 20 defendants. Acacia announced on Friday that a subsidiary has reached a licensing deal with RPX, which says that defendants who sign up with RPX get a license to the Acacia patent, letting them out of the suit. Observers and those involved in the fight call this a first in patent litigation.

10 Resolutions for Job-Seeking Success
We often start off the New Year with a host of well-intentioned resolutions that hardly outlast the winter snows. This year, however, glum economic news has given both job-seekers and the nervous employed added incentive. Here are 10 New Year's resolutions to follow, whether you are in the market or just want to be prepared, provided by William A. Chamberlain, assistant dean at Northwestern University School of Law. With some persistence, you could soon have more to celebrate than just the New Year.

YouTube Threat Draws Restraining Order
The question facing Judge Steven F. Frazzini was whether the Connecticut court had jurisdiction over someone who threatened a resident using a computer in North Carolina and posting content that anyone in the world could access. Can a cyberspace threat reach across state boundaries?

Telecommuting and the Spying Game
What if a telecommuter is goofing off? The suspicious employer could turn to remote monitoring technology. By asking those who work from home to sign a form indicating that they know the types of monitoring in use, a company can take reasonable protections without turning Orwellian.

Finding Your Way Through Discovery by Data Mapping
The struggle to stay on top of litigation in 2009 could get worse before it gets better for corporate legal departments. Fortunately, there are ways that in-house counsel can proactively prepare for litigation and regulatory and compliance issues, easing the burden of discovery while increasing the defensibility of their processes and procedures. Developing a data map of an organization's information flow is one important step, says Brett Tarr, general counsel for eMag Solutions.

Prosecutor Seeks to Revoke Madoff's Bail for Mailing Valuables to Others
A federal prosecutor argued before a magistrate judge Monday that Bernard Madoff's bail should be revoked because he and his wife mailed more than $1 million in valuables late last month, despite a court order in a related civil case requiring the accused mastermind of a multibillion-dollar Ponzi scheme not to dissipate assets. The magistrate judge instructed both sides to brief the issue of whether Madoff's actions qualified as a basis for finding he posed a harm to the community under the Bail Reform Act.

Judge Slashes Dewey's Fee Application by $400,000
Federal Judge Denny Chin slashed Dewey & LeBoeuf's fees for work as receiver in a securities fraud case by more than $400,000 last week. He noted that Dewey had provided "outstanding" services but found unreasonable the hours billed and the number of people on the case. Chin wrote, "In this economy ... surely there would have been qualified law firms willing to perform these services at rates substantially lower than $850 or $950 per hour for partners and $605 per hour for associates six years out of law school."

Conn. Solo Pleads Guilty to Child Porn Charge Following FBI Raid
New Haven, Conn., solo Eric R. Gaynor faces a mandatory minimum sentence of five years in prison after pleading guilty in federal court to receipt of child pornography. Gaynor was indicted for allegedly offering, through a Web site that authorities say he owned, to sell or rent videos of young nude males, some of whom were engaged in sexual activity. The maximum term that Gaynor could get at his April sentencing is 20 years and a $250,000 fine.

'Good Samaritan' Defense Fails to Win Dismissal of Med-Mal Suit
A self-described student who was present at the birth of a stillborn child cannot use the "Good Samaritan" defense in her attempt to persuade the court to dismiss a medical malpractice claim against her, a New York state judge has ruled. Supreme Court Justice William R. LaMarca held that there was sufficient evidence to raise a question of fact as to Julia Chachere's "claim of lack of involvement." Chachere, a registered nurse, argued that she was simply a "lay student observer."

North Carolina, South Carolina Law Firms Merging
A North Carolina law firm is merging with a South Carolina firm that wants a location in North Carolina's capital city. Sanford Holshouser of Raleigh, N.C., will merge with the Columbia, S.C., firm Nexsen Pruet.

Sheppard Mullin Signs Six From Mayer Brown
Sheppard, Mullin, Richter & Hampton has picked up a trio of white-collar partners from Mayer Brown. Bryan Daly, Charles Kreindler and Peter Morris joined the L.A. office as equity partners last week. They were joined by Barbara Taylor and Melissa Eaves, who made the move as special counsel. Separately, Sheppard Mullin picked up former Mayer Brown IP partner Michael Molano in Silicon Valley. A legal recruiter called the moves "a significant blow to Mayer Brown's growth objectives in the white-collar arena."

Suits Pile Up Over Controversial Medical Device for Women
The manufacturer of a medical device used to treat a form of urinary incontinence in women is heralding a recent court verdict as dozens of lawsuits alleging problems tied to the product have been consolidated and head to their first pretrial hearing this month. A jury in California has issued the first verdict in a case involving ObTape, ruling in favor of manufacturer Mentor Corp. But plaintiffs lawyers said the ruling would have little effect on their cases and anticipate filing more suits over ObTape.

Former Attorney General Griffin Bell Dies at 90
Griffin B. Bell, the shrewd Southern lawyer who grew up with President Jimmy Carter and later became U.S. attorney general after Carter was elected president, died Monday. Bell served just 2 1/2 years at the Justice Department, leaving in mid-1979 to return to King & Spalding. Carter's choice of Bell was considered the most controversial of his Cabinet appointments, but Bell called his tenure as attorney general "the best job I ever had" and remained a key adviser to Carter after he left the DOJ.

Clifford Chance Wins Latest Round in India Tax Dispute
Supporting an appeal by Clifford Chance, the Bombay High Court has ruled that a foreign law firm may only be taxed in India on work performed in the country. The London-based firm had previously been ordered by India's Commissioner of Income Tax to pay taxes on all of the fees -- around $3 million -- that it earned on work performed on four energy infrastructure projects undertaken in India between 1996 and 1998.