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Friday, March 11, 2011

Y! Alert: Texas Lawyer


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New Federal Benches in Texas? Don't Count on It, Says Circuit Chief Top
The Judicial Conference of the United States meets in Washington D.C. on March 15 to formulate a proposal that could increase the number of federal benches to accommodate rising caseloads. 5th Circuit Chief Judge Edith Jones, who is a member of the Judicial Conference, gives requests for new judge positions in Texas a "slim to none" chance of being funded by Congress, given the current budget crisis.
 
Special Report: International Law and Trade Top
Whether a company has been exporting its products for years or is just beginning to do so, company lawyers must pay close attention to the complicated and nuanced U.S. export-control regimes, writes Robert L. Soza Jr. Also in this special report: " Avoid Problems With Early-On Documents in Cross-Border Deals" by Jorge Gonzalez, Michael Santa Maria and Marcos Basso.
 
Inoculate Employers Against Wage-and-Hour Class Actions Top
Health-care employers have faced an onslaught of wage-and-hour class actions over the last few years, say Gregory C. Keating and Lisa Schreter. It all started in 2008, with a localized outbreak of class and collective actions filed against hospital systems in Rochester, New York. It has now become an epidemic, with the filing of nearly identical cases against large health-care systems throughout the Northeast during 2009. And more recently, another 22 class and collective actions were filed in federal and state courts against major New York-area hospital systems.
 
Discipline Report: Lawyer Suspended, Another Resigns Top
A lawyer has been suspended for three years, another has resigned in lieu of discipline, and a third has been placed on probation for three years, the State Bar of Texas reported recently.
 
Newsmakers Top
 
Clarity Enables Understanding, Permitting Persuasion Top
Readers can't be persuaded until they understand what they are reading, and they can't understand what isn't clear, writes Kenneth F. Oettle. Clarity is so important and so lacking in the average brief that courts hunger for it. If you provide it, they will be grateful and will reward you.
 
Take the Plain-English Push With a Grain of Salt Top
Legalese has been stubbornly persistent, writes Martin J. Siegel. As Adam Freedman recounts in his book "The Party of the First Part: The Curious World of Legalese," the House of Commons passed a law banning the use of Latin and other foreign languages in legal proceedings in 1731. But when lawyers howled at this abominable leveling designed to make them sound like their unlearned clients, Parliament relented. Habeas corpus survived the chopping block and landed safely in the U.S. Constitution.
 

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