Seasons of Change by Michael Skolar
What a year we had in 2009, beginning as it did with the inauguration of President Barack Obama, who swept to victory on a platform of change. For those of us in the legal market, we also saw plenty of change.
On January 29th, just nine days after the inauguration, the new President signed the Lilly Ledbetter Fair Pay Act. The law overturned a 2007 U.S. Supreme Court decision, and opened the door for women to sue their employer for equal pay under the 1964 Civil Rights Act. The bill signing was symbolic, not only because it was the first piece of legislation signed by the new President, but also because it symbolized a new progressive approach to civil justice by literally throwing the doors of the court house open to women who had previously been shut out.
If change was coming from the White House and Congress in January, the Supreme Court was not to be outdone in March. On March 4th, the Court issued its landmark ruling in Wyeth v. Levine, holding that federal regulatory approval of a medication does not shield the manufacturer from liability under state law.
So in the first three months of 2009, we saw dramatically expanded access to the civil justice system for victims of discrimination; meanwhile, unconscionable regulations whose only purpose was to shield powerful drug makers from damages were also reversed. In Washington, where accomplishments are judged on a hundred-day calendar, this is pretty impressive for six weeks.
The Ledbetter law and the Wyeth decision were major sea changes in the civil justice system. But 2009 brought more subtle changes as well. As we see every year, new categories of cases take over the headlines even as old controversies get their day in court. When 2009 began, I could not have imagined the huge number of people adversely affected by contaminated Chinese drywall, nor could I have foreseen that the Wall Street Journal would wonder aloud if "denture cream is the next asbestos." I could have told you that juries would still be awarding punitive damages in lawsuits linking hormone-replacement drugs such as Prempro to breast cancer, but I probably would not have guessed that total punitive damages awarded would rise to $173 million since these cases began going to trial in 2006.
However, 2009 will also be remembered for the changes that didn't happen. At the beginning of the year, many would have guessed that tort reform in general and malpractice reform in particular would become Obama's trading chit to secure health reform. Thankfully common sense won out, and around the country, momentum for malpractice reform is waning as state courts reject statutes for what they are: impermissible violations of our system of checks and balances.
The year 2009 brought changes to the legal industry as well. Many of our white-shoe brethren weathered the economic storm through taking drastic measures. Layoffs, salary freezes, and paying summer associates to do community service would have been unthinkable only a few years ago. Yet as of November, major law firms had laid off slightly more than 14,000 people.
Finally, 2009 brought big changes for Sokolove. In February, we changed our name to Sokolove Law, LLC and launched a rebranding effort to expand our services and our network of affiliates. We expanded our co-counsel network by 25% and together we signed over 10,000 cases. We also made a significant investment in our infrastructure.
What didn't change in 2009 - and never will change - is the Sokolove mission. It is something that we take very seriously. For our clients, it means continuing to open the doors of the civil justice system to everyone; for our co-counsels, it means ensuring that a partnership with Sokolove continues to mean success.
Thank you for your support and partnership during this past year!
Michael J. Skoler
CEO, Sokolove Law
Motley Rice LLC
Mt. Pleasant, SC
Whether it's fighting for victims of asbestos exposure, terrorist attacks, or securities and shareholder fraud, co-counsel firm Motley Rice has a long history of being at the forefront of precedent-setting litigation.
Dating back to the 70's, co-founding member Ron Motley was one of the first attorneys in the country to represent workers injured by the asbestos industry and to blow open the fact that the industry knew all along the health hazards of asbestos exposure.
Soon after, Ron, Joe Rice and other Motley Rice attorneys began researching and comparing the medical effects of asbestos exposure and tobacco. Armed with incriminating evidence and an inventive approach, Motley Rice attorneys led the litigation efforts against the tobacco industry on behalf of numerous State Attorneys General.
The resulting Master Settlement Agreement, a $206 billion accord with the four largest United States tobacco producers, provided reimbursement to the states for publicly funded health care costs and imposed advertising and sponsorship restrictions on the tobacco companies. Today, the agreement continues to be the largest financial resolution of civil litigation in the United States and is viewed as being one of the greatest accomplishments in public health of the 20th century.
Motley Rice has a staff of 60 attorneys and over 200 support staff with offices in South Carolina, New York, Washington D.C, Rhode Island, Connecticut and West Virginia. The firm's attorneys focus on Anti-Terrorism & Human Rights, Asbestos and Mesothelioma, Environmental, Medical Devices, Occupational Disease & Toxic Tort, Pharmaceutical Drugs, Securities & Consumer Fraud, and Aviation and Transportation.
Over the years, Motley Rice has worked with Sokolove on a number of different case types, including: pharmaceutical drugs such as Levaquin, medical devices such as Kugel Mesh Bard Hernia Patch and a variety of asbestos cases.
"During my thirty years of practicing law, technology has definitely changed the way you litigate cases," says Rice. "The Sokolove firm has changed the way information about hazardous products and corporate misconduct is conveyed to clients. By continuing to use innovative communication tools both in the client contact area and in the courtroom, we together continue to improve the recovery for all clients."
Co-council opportunities
2010-2011 Wage & Hour Network
The annual Wage & Hour Campaign is up for renewal and we have a limited number of states still available, including: Georgia, North Carolina, Mississippi, Michigan, Missouri, Kansas, and Kentucky.
Participation in the campaign is on a state-by-state basis with all leads generated going to our contributing co-counsel firms. Call us at 1-800-305-4009 to find out if your state is available in the Wage & Hour Campaign, as well as in our other national networks:
- Medical Malpractice/Birth Injury
- Nursing Home Neglect and Abuse
- Workers' Compensation
National Birth Injury Campaign Gets a Boost with Online Resource for Parents
In December, Sokolove Law re-launched ChildRC.com, an online resource for parents of children with cerebral palsy, Erb's palsy and other birth related injuries. The site provides information on diagnosis and treatment, an overview of the legal process, video blogs by our head legal nurse Kathy McGinn and expert bloggers who write about home life, education and current events.
The new website is a key driver in enhancing Sokolove Law's presence online and in our search rankings. We have already experienced a 53% increase in traffic to the ChildRC site.
This is only one of the recent enhancements to our National Birth Injury/Medical Malpractice Campaign that has translated into success not only for Sokolove Law but also for our participating co-counsel firms.
For example, John Blume of Blume Goldfaden Berkowitz Donnelly Fried & Forte, in Chatham, New Jersey, has participated in the Sokolove Birth Injury Campaign since its inception in 2006. Over the years, Blume's firm has obtained several 6-figure and 7-figure settlements and verdicts with the help of the Sokolove Campaign.
"We have been very pleased that the inquiries we get are well screened. The cases are also clearly described, which makes it much more effective for us when we speak to the prospective clients. All in all, working with the Sokolove firm has been a very successful and enjoyable experience," says David Fried, an attorney with Blume Goldfaden.
Upcoming Events
Boston Bar Association
Boston, MA
James Sokolove, Founder of Sokolove Law, will discuss various issues such as legal advertising and ethics, at the BBA's 'New Lawyers' legal marketing event.
Center for Advanced Legal Studies, Suffolk Law School
Boston, MA
James Sokolove, Founder of Sokolove Law, will participate on a panel discussing ethical considerations when using social media and law as part of a conference on "Avoiding The Ethical Minefield of Online Social Networking & Marketing."
2010 LMA Annual Conference
Denver, CO
Gabriel Miller, Sokolove Law's General Counsel, will moderate a panel entitled "The Business of Law Recovery: Refocusing the Inside Counsel/Outside Counsel Partnership to Maximize Profitability,"at the Legal Marketing Association's Annual Conference.
Sokolove/Co-counsel 2009 Significant Verdicts/Settlements
- $5,000,000 - PPH
- $4,400,000 - PPH
- Bailey Perrin & Bailey, Houston, TX
- $1,275,000 - Medical Malpractice - Failure to Diagnose Colon Cancer
- Hendricks Law Firm, Portland, OR
- 7 Figure Confidential Settlement - Cerebral Palsy
- Dugan, Babij & Tolley, Timonium, MD
- 7 Figure Confidential Settlement - Erb's Palsy
- Sullivan Papain Block McGrath & Cannavo P.C., New York, NY
- 7 Figure Confidential Settlement - Cerebral Palsy
- Bartimus Frickleton Robertson & Gorny, Leawood, KS
- $1,000,000 - Medical Malpractice
- $2,000,000 - Failure to Diagnose Cancer
- $1,500,000 - Failure to Diagnose Heart Attack
- Andrew C. Meyer, Lubin & Meyer, Boston, MA
- $990,005 - Vioxx
- Engstrom, Lipscomb & Lack, Los Angeles, CA
- $670,000 - Erb's Palsy
- $6,000,000 - Cerebral Palsy
- Blume Goldfaden Berkowitz Donnelly Fried & Forte, Chatham, NJ
- $1,425,000 - Workers' Compensation
- Michael J. O'Connor & Associates, Frackville, PA
- $700,000 - Pharmaceutical Wrongful Death
- Thornton & Naumes, LLP, Boston, MA
- $407,174 - Vioxx
- Beasley Allen, Montgomery, AL