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The latest from National Law Journal - Washington

• DOJ's thumb on the scales
• Divided on discovery
• Fee fight spills into public
• Taking the Fifth? Expect to do it in person
• INADMISSIBLE
• Refusal to talk settlement doesn't merit sanctions
• Federal Circuit erects high standard for false labeling complaints
• Constitutional attacks on patent false-marking law gain traction
• For Scalia's son, turning away income may help father stay on Wal-Mart case
• Monday wrap-up: Court side with prisoners in DNA case
• Fallon named new reporter of decisions at Supreme Court
• Fee fight headed for courtroom
• Firm seeking payback from Abramoff pal
• Cobell attorneys seek $223 million

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DOJ's thumb on the scales	Top
For more than two years, a pair of rival technology companies that make a high-strength synthetic fiber have battled each other in Richmond, Va.'s federal trial court over allegations of trade secret theft and antitrust violations.
Divided on discovery	Top
The federal judiciary appears evenly split and prosecutors and defense lawyers sharply divided over a proposal to broaden criminal discovery obligations following a high-profile case of alleged government misconduct, according to a national survey.
Fee fight spills into public	Top
Sonnenschein's lawyers battled in court over whether the firm fairly compensated Douglas Rosenthal for work on two cases, including one brought by families of victims of the 1988 bombing of a Pan American World Airways jet over Lockerbie, Scotland.
Taking the Fifth? Expect to do it in person	Top
In a new opinion, the District of Columbia Bar's Legal Ethics Committee has made clear that it's generally OK for lawyers in Congress to force a witness to appear, even when the lawyers have been told that the witness will refuse to answer questions under the Fifth Amendment's right against self-incrimination.
INADMISSIBLE	Top
Still gunning for fees in Second Amendment case; government OK with Bloch's plea withdrawal; Halligan works while she waits; Pepco opts for Venable; a new federal judge's wonk history; and Satterfield's no friend of social networking sites in this week's column.
Refusal to talk settlement doesn't merit sanctions	Top
A defendant's failure to participate in settlement talks after its inventor and expert witness disclosed adverse information in depositions wasn't ground for sanctions, the U.S. Court of Appeals for the Federal Circuit has ruled.
Federal Circuit erects high standard for false labeling complaints	Top
The U.S. Court of Appeals for the Federal Circuit outlined a high pleading standard for plaintiffs filing lawsuits against companies for falsely labeling their products as covered by patents.
Constitutional attacks on patent false-marking law gain traction	Top
Constitutional challenges to the statute that lets whistleblowers sue companies for falsely labeling their products as covered by patents are heating up at the U.S. Court of Appeals for the Federal Circuit and at the district court level.
For Scalia's son, turning away income may help father stay on Wal-Mart case	Top
Monday wrap-up: Court side with prisoners in DNA case	Top
The Supreme Court on Monday ruled that prisoners can use so-called Section 1983 civil rights lawsuits to make post-conviction requests for DNA testing of crime scene evidence.
Fallon named new reporter of decisions at Supreme Court	Top
Chief Justice John Roberts Jr. announced from the bench Monday the appointment of Christine Fallon as the Court's new reporter of decisions, the first woman to hold the position.
Fee fight headed for courtroom	Top
A $4 million jury award for a man savagely beaten outside a Washington nightclub is at the center of a rare court fight over fees between attorneys who represented the plaintiff.
Firm seeking payback from Abramoff pal	Top
Lawyers for Greenberg Traurig are demanding that Abramoff business partner Michael Scanlon make restitution to the firm to cover its losses.
Cobell attorneys seek $223 million	Top
They say the judge isn't bound by their pledge to accept $99.9 million or less.

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