Foreclosure Defense

Earlier this week, we wrote about a pair of prominent partners at Skadden Arps who got hit with a big-time benchslap. A federal judge in Chicago issued an order to show cause, requiring the Skadden lawyers to explain why they should not be sanctioned for failing to cite a highly relevant (arguably dispositive) Seventh Circuit case when briefing a motion to dismiss. The judge also set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.”

The Skadden partners filed a contrite response. They apologized profusely to the court, explained why they viewed the Seventh Circuit as distinguishable, and argued that even though they erred, their conduct didn’t merit sanctions. They announced to the court that they had settled the case in question, with Skadden “contributing to the settlement amount in order to personally redress plaintiffs’ counsel for responding to the motion to dismiss.” (In a classy move, they also extracted their associate from under the bus, explaining that he played no substantive role in the briefing.)

Despite the apology and the settlement, the status hearing went forward as scheduled yesterday. What happened?

double red triangle arrows Continue reading “Benchslap Update: Skadden Partners Learn Their Fates”

On the transactional side, things seem to be going gangbusters for Skadden Arps. As we noted yesterday, the firm took the top spot in three separate rankings of 2012 M&A work. In 2011, a different firm sat atop each set of rankings, but in 2012, Skadden ruled them all.

On the litigation side, though, the new year has brought new headaches for Skadden. Earlier this month, a high-profile partner at the firm, along with another partner and an associate, got hit with a big benchslap. A federal judge issued an order to show cause, asking the Skadden lawyers to explain why they should not be sanctioned, and set “a status hearing in open court…. [at which the attorneys] are all directed to appear in person.” Ouch.

Skadden recently filed its response to the OSC. Let’s review the benchslap, then see what the Skadden lawyers had to say for themselves….

double red triangle arrows Continue reading “Benchslap of the Day: Skadden, Smacked, Eats Crow”

* Sorry Wisconsin, but Judge Sumi’s going on vacation, so you can take your bargaining rights and stick ‘em where the sun don’t shine. Man, I hope she’s going to a place where the sun does shine. [Wisconsin State Journal]

* An NBA referee is suing a sportswriter over a tweet made during a Timberwolves/Rockets game. Seriously? You can’t call a foul just because someone hurt your feelings. [St. Paul Pioneer Press]

* Quinnipiac Law: where being convicted of fraud is a pre-req for employment as the registrar. I guess they must have a work from home option, since Mary Ellen Durso is under house arrest. [Hartford Courant]

* Should all buildings that were damaged in the September 11th attacks be declared landmarks? Probably not — after all, Century 21 was damaged, and that’s just a landmark for crappy couture. [Reuters]

Capturing Somali pirates.

* Arr, me matey. Five Somali pirates were forced to walk the plank. Okay, not really, but it was the first time in 190 years that a U.S. jury convicted a defendant of the peg-legged kind of piracy. [CNN Justice]

* Because common sense is hard for some lawyers, you probably shouldn’t advise your clients to break into their foreclosed homes. You probably shouldn’t break in on their behalf, either. [ABA Journal]

* William J. Stuntz, Henry J. Friendly Professor of Law at Harvard Law School, R.I.P. [Harvard Law School]

* Criminals and foreclosure victims subject to criminal mortgage rates now have something in common in New York: guaranteed legal representation. [New York Times]

* Not getting your fill of Broadway injuries from Spider-Man? Then Billy Elliot’s got a deal for you — tickets now come with a complimentary face smash worth $4M. [New York Post]

* Dumb kids are going to continue to eat Play-Doh, no matter how it’s spelled. And trust me, “play dough,” edible or not, doesn’t taste good. [Boston Globe]

* You’d think that the government could do better than just saying “this stuff happens” when it comes to rape and gangbangs in the military. [MSNBC]

* Facebook: connecting you with the people around you. It’s just too bad that they sometimes bleed to death in the process. [Chicago Tribune]

* If libeling the police was a crime in the United States, a lot of more rappers would probably be in jail — or out of business. [CNN]

* Stephen Baldwin and Kevin Costner are fighting about water clean-up technology for oil spills. Um, hello, dude was in Waterworld, I think he knows his sh*t about water. [The Hill]

* I’m just a girl, but don’t speak, I know just what you’re saying. There is no doubt that this video game lawsuit is bananas, B-A-N-A-N-A-S. [Company Town / Los Angeles Times]

Until recently, foreclosure defense would have been considered the lowest of the low — below the divorce guys, below ambulance chasers.

Roy Oppenheim, a veteran foreclosure defense lawyer in Florida.