The BLT: The Blog of Legal Times

Appeals Court Reaffirms Dismissal of Patton Boggs Suit Against Gibson Dunn, Chevron

The U.S. Court of Appeals for the D.C. Circuit delivered another blow to Patton Boggs when it reaffirmed the dismissal of a lawsuit filed against Chevron Corp. and Gibson, Dunn & Crutcher.

The opinion, published Friday, reaffirmed U.S. District Judge Henry Kennedy Jr.'s rejection of the case in August of last year. Patton appealed in December.

"At the same time that it filed its motion for reconsideration, Patton Boggs took the unusual step of filing a new, separate complaint asserting claims identical to those in the original lawsuit," Judge Thomas Griffith wrote on behalf of Chief Judge David Sentelle and Judge Janice Rogers Brown. "Patton Boggs had also failed to properly state a cause of action with its new theory."

Patton also sought a declaratory judgment that the firm could not be disqualified from representing the Ecuadorians because of its acquisition of the lobbying shop called Breaux Lott Leadership Group, which had previously done work for Chevron.

Washington Solo Practitioner Sued for Breach of Contract

An Alabama-based personal-injury law firm is suing a Washington attorney for breach of contract related to television advertisements.

Michael Slocumb of the Slocumb Law Firm is suing D.C. solo practitioner Michael Wilson of The Law Offices of Michael M. Wilson, M.D., J.D. and Associates, and is seeking back payment and damages of $1 million plus attorneys fees.

The complaint, filed Wednesday, alleges that Slocumb and Wilson entered into a contract through which Slocumb funded television advertisements on behalf of Wilson. The advertisements for legal services related to medical malpractice and birth-related injuries, which ran from March 2011 through February 2012, cost Wilson $28,750 a month, according to the complaint.

Legal Recruiting Firm Sues Former Employee, Citing Non-Compete Clause

A legal recruiting firm has accused one of its former account executives of violating the firm's non-compete clause in their employment agreement.

The Arlington, Va.-based company The McCormick Group filed a suit against Ed Lee, founding principal of Whitehaven Strategies, in the Circuit Court for Arlington County on June 7. The firm is seeking damages of $100,000 and an injunction against Lee to enforce his employment agreement.

According to the complaint, Lee's employment agreement, which he signed when he started at McCormick in January 2006, does not allow him to "engage in competitive activities against The McCormick Group within his law and government affairs specialty field for twelve (12) months and restricts his ability to engage in competitive activities with a competing executive search firm within 100 miles of The McCormick Group's office for a period of six (6) months."

Lawyers' Committee Honors D.C. Attorneys at Awards Luncheon

Wiley A. Branton Award honorees Thomas Brunner, Avis Buchanan and Joseph Sellers (from left).

Several D.C.-area lawyers were honored by the Washington Lawyers' Committee for Civil Rights and Urban Affairs today during its annual Wiley Branton Awards Luncheon.

Attorneys from across Washington and the country packed the ballroom at the JW Marriott hotel, blocks from the White House, for the presentation.

The committee honored three attorneys with the Wiley A. Branton Award for their commitment to civil rights advocacy. They included Wiley Rein partner Thomas Brunner; Avis Buchanan, director of the District of Columbia Public Defender Service; and Joseph Sellers, name partner at Cohen, Milstein, Sellers & Toll.

Courts See Increase in Bankruptcy Filing Abuse by Non-lawyers

There has been an increase in the number of complaints against non-lawyers preparing bankruptcy filings for a fee, according to a report the Administrative Office of the U.S. Courts released Monday.

Federal law allows bankruptcy filers to use an attorney or go it alone as pro se filers. Those who elect to file themselves can use the help of non-lawyer, bankruptcy petition preparers who often charge a fee to help prepare the filing.

The increase in the abuse is due in part to the mortgage crisis that has gripped much of the country, the AOC concluded.

"The increase in 'foreclosure rescue' and 'loan modification' services seems to be the source in the past three years," U.S. Bankruptcy Judge Maureen Tighe in the Central District of California said in the report. "The homeowners are desperate and take advice from the most questionable sources."

Attorneys Debate What Happened to Civil Jury Trials, And Whether They Will Be Missed

A group of panelists at the American Constitution Society's annual convention agreed that jury trials in civil cases, especially in the federal courts, are on the decline. But they disagreed about whether that was a bad thing and how the trend could be reversed.

The panel on Friday was moderated by New York University School of Law Professor Arthur Miller. He cited statistics from the Administrative Office of the U.S. Courts that, in recent years, fewer than 2 percent of federal actions went to trial and fewer than 1 percent had a jury trial.

The more than two dozen panelists cited several reasons for the decline: a shift to using arbitration, the rising cost of taking cases to trial and the growing number of young attorneys who are never trained on how to handle a trial.

Thompson Hine Expands Construction Practice in Washington

Thompson Hine has expanded its construction practice in D.C. with the addition of a lateral partner, the firm announced Friday.

Lawrence Prosen, formerly a partner at K&L Gates, joins the firm as a partner in its construction litigation and government contracts practices. In an interview, Prosen said that his primary focus lately has revolved around government contracts work. He said that the post-9/11 demand for upgraded security and modernized facilities has kept the practice robust.

"My practice is pretty broad," Prosen said. "I've done everything from small contracts to multi-million dollar contracts."

The Morning Wrap

"Assembly-line Justice": A lawsuit in Michigan is challenging the system that assigns lawyers with indigent clients. NPR reports that the Justice Department called it a crisis.

Ponzi: A former Dewey & LeBoeuf partner filed a lawsuit in California, accusing firm leadership of misrepresenting the financial health of the firm to pursue agressive lateral hiring. The complaint likens it to a Ponzi scheme. Our sister publication, Am Law Daily, reports.

Child Sex Abuse: The Catholic church has been resisting efforts by state legislators to change the statute of limitations on sexual abuse cases. The New York Times reports that the church even hired lobbyists and PR firms in Colorado and New York to sway state legislators.

Doping: Seven-time Tour de France winner Lance Armstrong faces a fresh round of doping allegations that could strip him of his titles. The U.S. Anti-Doping Agency outlines the latest charges in a 15-page letter. The Washington Post reports.

Cooley Adds IP Lateral From Dickstein Shapiro

Cooley has added an intellectual property partner to its Washington office, the firm announced Monday.

DeAnna Allen, formerly a partner at Dickstein Shapiro, focuses her practice on patent litigation and prosecution. She also counsels clients on wireless and wired communications technologies.

Before joining Dickstein, Allen was in-house counsel to the Burger King brands.

“Her past in-house experience provides an even greater dimension to her broad skill set,” Frank Pietrantonio, head of Cooley’s IP practice and partner-in-charge of the firm's Reston, Va. office, said in a written statement.

Obama Nominates Two for U.S. Court of Appeals for the D.C. Circuit

Updated 3:12 p.m.

President Barack Obama has named two prominent appellate attorneys to fill long-standing vacancies on the U.S. Court of Appeals for the District of Columbia Circuit, the White House announced Monday.

Obama chose Srikanth Srinivasan, principal deputy solicitor general of the United States, and Caitlin Halligan, general counsel for the New York County District Attorney’s office.

“Caitlin Halligan and Sri Srinivasan are dedicated public servants who will bring their tremendous experience, intellect, and integrity to the U.S. Court of Appeals for the District of Columbia Circuit,” Obama said in a written statement. “Mr. Srinivasan will be a trailblazer and, like Ms. Halligan, will serve the court with distinction and excellence.”

This is Srinivasan’s second stint with the Solicitor General’s office. He first joined the office in 2002 as an assistant to the Solicitor General. Srinivasan subsequently returned to O’Melveny & Myers in Washington, where he was later named chair of the firm’s appellate practice group.