A Litigation Boutique Grows in Manhattan

Regular readers of our Churn feature know there was no shortage of big firm litigators hanging out their own shingles last year. Our colleague Nate Raymond at sibling publication the New York Law Journal checked in with a group of five former Clifford Chance litigators who joined the boutique boom by setting up their own shop to handle international arbitration, reinsurance, and commercial litigation in Manhattan. Here's his profile of the boutique Chaffetz Lindsey.

Writes Raymond, “A recession may not seem like the perfect environment for starting a new law business, but with clients under pressure to manage costs and large firms favoring institutional clients in potential conflicts, dozens of boutiques have popped up offering sophisticated legal expertise at reasonable costs to clients large and small.”

via A Litigation Boutique Grows in Manhattan.

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Ex-Employee Says Seagate Took Technology, Destroyed Evidence

A decade-long lawsuit pitting a tiny company called Convolve against Seagate Technology has taken an unexpected turn after a whistle-blower claimed that Seagate had appropriated Convolve technology and later destroyed evidence in the case.

The whistle-blower, a former Seagate employee named Paul A. Galloway, has provided what is described as “an eyewitness account” accusing Seagate of taking hard-drive technology from Convolve and incorporating it into its own products, according to documents filed recently with a federal court in Manhattan.

The court filings include claims by Mr. Galloway that Seagate, the world’s largest producer of computer hard drives, tampered with evidence tied to Convolve’s nearly 10-year-old patent infringement case against the company.

The allegations are detailed in an affidavit filed by one of Convolve’s lawyers as part of an effort to reopen the voluminous court record to include testimony from Mr. Galloway.

via Ex-Employee Says Seagate Took Technology From Convolve – NYTimes.com.

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U.S. says Credit Suisse schemed to evade sanctions | Reuters

U.S. and Manhattan prosecutors detailed on Wednesday a “decades-long scheme” by Credit Suisse to hide thousands of transactions on behalf of clients in Iran, Sudan, Libya and other nations, and said the Swiss bank had agreed to pay $538 million in fines.

More than $1.6 billion was moved through the U.S. financial system through the transactions, prosecutors said.

Manhattan District Attorney Robert Morgenthau told a news conference that other banks were being investigated for similar transactions.

“There will be other prosecutions,” he said. “Not only of financial institutions, which carry the money, but also of the suppliers.”

In Zurich, a source who declined to be identified, said nine banks were involved and that four had settled, including Lloyds TSB Group of Britain and Credit Suisse.

While the majority of the transactions involved Iran, other transactions violated U.S. sanctions against Sudan, Libya, Myanmar, Cuba, and the former Liberian regime of Charles Taylor, the U.S. Treasury Department said in a statement.

The department called the settlement the “most significant” in the history of its Office of Foreign Assets Control and said the penalty could have been “substantially higher” had the bank not cooperated with the government over the past two years and agreed to take remedial action.

via U.S. says Credit Suisse schemed to evade sanctions | Reuters.

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Ecuador Sues Chevron in U.S. to Block Arbitration « Ecuadorreport’s Blog

The Republic of Ecuador asked a U.S. judge to block Chevron Corp. from pursuing arbitration in a $27 billion environmental lawsuit against the oil producer.

Lawyers for Ecuador made the request in a lawsuit filed yesterday in federal court in Manhattan. The environmental suit, initially filed in New York in 1993, was later transferred to Ecuador. Secret recordings made by a Chevron contractor and an American businessman in May and June led Chevron to claim that the Ecuadorean judge overseeing the case was involved in a bribery scheme and planned to rule against the company.

Chevron, based in San Ramon, California, on Sept. 23 filed an international arbitration claim against the South American country’s government. Ecuador is seeking to block the claim with yesterday’s lawsuit, saying Chevron has tried to move the case to arbitration since getting it transferred to Ecuador in 2003.

via Ecuador Sues Chevron in U.S. to Block Arbitration « Ecuadorreport’s Blog.

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In Azerbaijan Bribery Case, Entrepreneur Sentenced to One Year in Prison

Ralph Cioffi and Matthew Tannin weren’t the only ones grinning when they left court Tuesday. The Litigation Daily noticed that Frederic Bourke Jr. managed to crack a smile, too, after his sentencing in Manhattan federal court. Although federal district court Judge Shira Scheindlin sentenced the Connecticut entrepreneur and co-founder of Dooney & Bourke to a year and a day of prison time for his role in a scheme to bribe government officials in Azerbaijan, she granted his request for bail pending appeal.

The government had asked that Bourke receive the maximum penalty of 10 years, but Scheindlin ruled that she was able to depart from sentencing guidelines. She did, however, levy a fine of $1 million against Bourke, which she said could be paid after he serves his sentence.

Bourke was convicted in July of violating the Foreign Corrupt Practices Act and Travel Act and making false statements to the FBI. The verdict followed a six-week trial in Manhattan where prosecutors tried to prove that Bourke knew about a scheme in the late 1990s to bribe senior officials in Azerbaijan to ensure the country would privatize the State Oil Company of the Azerbaijan Republic. Bourke and a group of investors hoped to buy the oil company and turn a huge profit. Prosecutors tried to show that Bourke was not just a passive investor and that he had an especially close relationship with Viktor Kozeny, the alleged mastermind behind the scheme who is currently in the Bahamas fighting extradition.

via In Azerbaijan Bribery Case, Entrepreneur Sentenced to One Year in Prison .

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