Thursday, May 20, 2004
Document Management in the Digital Age
When formulating a document retention plan, remember that documents today are not always on paper
Einar Rowan
Legal Times
05-20-2004
Outsourcing of Work Means Influx of Legal Issues
Lawyers try to get handle on a fledgling practice area
John Covaleski
New Jersey Law Journal
05-20-2004
Monday, May 17, 2004
Fitzpatrick Wins Verdict for Readers' Digest Against Former Employee on Non-Compete Breach
Jury Awards $800,000 in Attorneys Fees
After ten months spent building a case against a former employee accused of stealing confidential information, and a one week jury trial, a jury in Richmond, Virginia found that the employee breached his employment agreement by breaching a covenant not to compete and disclosing trade secrets to a competitor, the employee's new employer. The jury awarded Readers' Digest $800,000 in attorneys' fees.
The General Counsel of Readers' Digest flew in twice to watch John Fitzpatrick of LeClair Ryan try the case and had these remarks with respect to Fitz's grueling cross examination of the VP of competitor, said, "Fitz, it is a distinct pleasure to watch you work."
Terrific work over the term on the case was put in by LeClair attorney John Barr, with support from Andrena Althouse, Debby Burke, Miranda Eberhardt, and recently from Ondray Harris. A great team effort with a great result for a great client.
Friday, May 14, 2004
Court throws out $48M award against Propulsid maker
JACK ELLIOTT JR.
Associated Press
JACKSON, Miss. - The Mississippi Supreme Court on Thursday threw out a $48.5 million damage award against the makers of the heartburn drug Propulsid and ordered that separate trials be held for each of 10 plaintiffs.
The justices, in the 6-1 decision, said it was improper to group the 10 plaintiffs together when their claims did not arise out of the same incident.
London Firm Allen & Overy results: billings flat at £649m
Magic circle firm Allen & Overy is set to post billings of £649m as the financial reporting season opens. The figure, which is still provisional, represents a slight increase on last year’s gross revenues of £647m. In common with most other top 10 London firms, profits are expected to be down on last year’s average of £675,000 per equity partner.
According to an internal memo the magic circle firm is also expecting to pay out its annual worldwide staff bonus at the equivalent of three weeks’ salary.
Thursday, May 13, 2004
Lightfoot Franklin & White LLC is Alabama’s leading law firm for Commercial Litigation expertise
Lightfoot Franklin & White LLC is the number one firm in Alabama for Commercial Litigation legal expertise, according to the third edition of The International Who’s Who of Commercial Litigators, published by Who’s Who Legal this week.
Lightfoot Franklin & White LLC was the most highly nominated firm in the state in the research for the publication with more nominations from clients and peers than any other firm, and two Lightfoot Franklin & White LLC lawyers - more than any other firm in Alabama - are included in the publication. The book, first published in 1999, is a result of six months of independent research incorporating feedback from lawyers and in-house counsel, and includes 349 lawyers in 44 separate jurisdictions.
Managing Editor Callum Campbell said, “It is impossible to buy entry into this publication, only those lawyers who receive sufficient nominations from their peers are included. This book represents a truly global, highly qualitative survey of only the best commercial litigators, based on exhaustive research.”
Lightfoot Franklin & White LLC lawyers included in the book are:
• Samuel Franklin
• Warren B Lightfoot
The third edition of The International Who’s Who of Commercial Litigators will be included in the 2005 edition of The International Who’s Who of Business Lawyers, a compendium volume of all 24 practice areas covered by Who’s Who Legal’s separate single volume publications.
Tuesday, May 11, 2004
Former New York State Judge Franklin R. Weissberg
Joins Lowenstein Sandler in New York Office
New York Lawyer
May 11, 2004
By Anthony Lin
New York Law Journal
Former Manhattan Acting Supreme Court Justice Franklin R. Weissberg has become of counsel in the New York office of Roseland, N.J.-based Lowenstein Sandler.
Mr. Weissberg, who retired from the bench in 2001 after 14 years, will offer advice to clients on trial strategy.
He was of counsel at the New York firm of Morrison Cohen Singer & Weinstein.
Firm Relocates to Expanded Offices in Rockefeller Center
Enhancing the strength of its New York-based litigation practice, Lowenstein Sandler announced today that former New York State Acting Supreme Court Justice, Franklin R. Weissberg, has joined the firm as Of Counsel. The firm has also moved to expanded offices at 1251 Avenue of the Americas located in Rockefeller Center. The new 30,000 square foot space will allow the firm to increase its New York office to 45 attorneys.
In his new position, Justice Weissberg will serve a key role assisting the firm's clients in connection with litigation strategy at both the trial and appellate levels. "Judge Weissberg is an outstanding figure in the New York State judicial system and the legal profession," said Adrian Zuckerman, head of Lowenstein Sandler's New York Office. "His wisdom, experience and leadership will add significant value to our firm and the service we provide to our clients."
"I am delighted to be affiliated with Lowenstein Sandler, a firm with exceptional regional and national strength. I look forward to being a part of the firm's future and know that its New York presence will assist me in serving my theatrical production clients," said Justice Weissberg.
Justice Weissberg has a long and distinguished career as both a senior member of the state judicial system and a prominent litigator. He served as an Acting Supreme Court Justice for more than 14 years presiding over a wide variety of civil and criminal cases. He has lectured on litigation matters at the annual Judicial Seminars for New York State Judges and at the New York County Lawyers Association CLE Program entitled "Advice from the Experts: Successful Strategies for Winning Commercial Cases in New York State Courts." From 1992 to 1999 he was President of the Association of Court of Claims Judges of the State of New York.
Prior to ascending the bench, Judge Weissberg was a senior partner in the New York City law firm of Colton, Weissberg, Hartnick, Yamin and Sheresky where he litigated commercial and intellectual property matters in state and federal courts. He also has extensive experience representing clients in connection with entertainment law and civil litigation matters. He has represented hundreds of Broadway and Off-Broadway theatrical productions and regularly negotiated numerous complex transactions involving motion picture rights, original cast albums and music publishing rights.
Justice Weissberg can be reached by phone at 212.262.6700 or by e-mail at fweissberg@lowenstein.com.
Wednesday, May 05, 2004
Alabama Supreme Court overturns verdict against Hunt Petroleum
Detroit Free Press
April 30, 2004, 6:24 PM
MONTGOMERY, Ala. (AP) -- The state Supreme Court overturned a $24.6 million verdict against Hunt Petroleum in a natural gas royalty dispute, saying Alabama prosecutors failed to prove the state was defrauded. Hunt was represented by Sam Pointer of the Lightfoot Franklin law firm.
In a 6-1 decision, the Supreme Court threw out the verdict that Alabama won in a fraud suit against Hunt Petroleum in 2001, saying the state had failed to prove that fraud had occurred.
Lightfoot Franklin Firm Brings Auburn University Basketball Program Investigation to Successful Conclusion


Sam Franklin, Drew Kelly and William King represented Auburn University in a two-year investigation into the men's basketball program. By far the most serious allegations made by the NCAA Enforcement Staff were that two Auburn coaches had offered large amounts of cash and automobiles while recruiting two high school players. The Staff also claimed that Auburn was guilty of rules violations because a summer/AAU basketball coach allegedly provided players with cash and other benefits while acting as a representative of Auburn's interests.
Although rare, the firm decided to contest all of the charges before the NCAA Committee on Infractions because the firm did not believe that the evidence substantiated them. As part of the firm's written response to the Committee, the firm acknowledged several other rules violations that the firm discovered during its investigation and self-imposed a series of penalties and corrective measures. The Committee held a hearing on February 13, and issued its decision on April 27. The Committee found in Auburn's favor on the most serious allegations of offers of cash and cars, and against Auburn on the allegations involving the summer/AAU coach.