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Wednesday, October 19, 2011

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GAO Reports Shines Light on Secretive Asbestos Trusts Top
The Government Accountability Office released a new report on Wednesday analyzing asbestos injury trusts, shining some light on a multibillion-dollar system of plaintiff claims and payouts that operates largely in secret. The GAO found that, while the majority of the trusts made general data available, very few provide detailed information about their activities without being directed to by a court of law.See related story: Going after asbestos settlements
 
As Lateral Losses Mount, McDermott Leaders Focus on Growth Top
More than two years into its current management regime, McDermott Will & Emery has seen at least 38 partners leave in 2011 amid declining revenues and a shrinking equity partnership. Firm leaders downplay the departures and insist that McDermott is committed to growing in key areas.
 
Circuit Finds Presumption of Compliance With ERISA Top
The 2nd Circuit has ruled that plan fiduciaries did not violate ERISA by continuing to offer employees the chance to invest in Citigroup stock heading into the subprime mortgage meltdown, nor did they have an affirmative duty to disclose nonpublic information on Citigroup shares' expected performance. See related story: Paul Weiss, Proskauer Prevail for Citi and McGraw-Hill in Second Circuit ERISA Case
 
Grais Wins Battle to Keep Proposed $8.5 Billion BofA MBS Settlement Proceedings in Federal Court Top
A New York federal judge on Wednesday refused to remand to state court the proceedings to confirm Bank of America's $8.5 billion mortgage-backed securities settlement, dealing a victory to opponents of the settlement and creating uncertainty over how the case will proceed.
 
Creating a New Corporate Structure, and Maybe a New Practice Niche to Boot Top
Thanks in large part to the efforts of a group of California lawyers, businesses in that state will soon be able to formally pursue social activism while still keeping an eye on the bottom line, by defining themselves as so-called flexible purpose corporations.
 
Janet Day on Law Firm IT 'Nirvana' Top
LTN reporter Evan Koblentz speaks with Berwin Leighton Paisner CIO Janet Day about her "concept of nirvana," in which the consumerization of IT in law firms -- where lawyers use and maintain their favorite devices for work -- makes the help desk unnecessary. Koblentz and Day also discuss Hewlett-Packard's move to become more consumer-focused as Apple potentially becomes more business-focused.
 
The Final Rothstein Auction Top
The third and final auction of items from Ponzi schemer Scott Rothstein features a stuffed lion, dozens of pricey shoes and dresses and a $3,000 Hello Kitty purse.
 
Doug Caddell on Foley & Lardner's Freedom of Computing Top
Doug Caddell, CIO at Foley & Lardner, speaks with LTN staff reporter Evan Koblentz at ILTA about his firm's policy of giving lawyers the freedom to buy the technology they need -- instead of dictating choices. Freedom of computing, he says, allows firms to focus more on business issues and less on infrastructure.
 
Appellate Lawyer of the Week: Jonathan Turley Top
When Jonathan Turley is not teaching at George Washington University Law School or blogging, he is a litigator whose cases can never be described as boring. In this video interview with Tony Mauro, Turley discusses his high-profile case on Utah's anti-polygamy law.
 
Membership changes may take law school accreditation panel in new direction Top
The ABA committee reviewing law school accreditation standards is aiming for a fresh start after ruffling educators' feathers. The new chairman of the Standards Review Committee says he plans to review the work the committee has already done, and give parties a chance to weigh in, before continuing.
 
1st Circuit: Warrant for body search encompasses nonconsensual X-ray Top
A nonconsensual X-ray of an arrestee's entire abdomen based on a search warrant for an anal cavity search is constitutional, the 1st Circuit has ruled, citing a variety of U.S. Supreme Court and federal appeals court cases that determined that X-rays "passed muster under the Fourth Amendment."
 
Wellbutrin Class Action Settles for $49 Million Top
GlaxoSmithKline has reached a $49 million settlement with a class of direct purchasers who accused the drugmaker of bringing "sham" patent litigation against manufacturers of generic versions of its popular antidepressant Wellbutrin SR in an attempt to prolong its monopoly on the market.
 
Proof in Murder of Law Clerk Is Found to Be Overwhelming Top
New York's highest court has upheld a college student's conviction for the murder of his father, a state court law clerk, and a near-fatal attack against his mother. The court said any errors in evidence admitted at trial were negated by the "overwhelming" totality of the other evidence.
 
Viacom Urges Second Circuit to Revive YouTube Suit Top
Viacom International and a host of content providers asked a federal appeals court on Tuesday to reverse a decision dooming their claim that YouTube is liable for $1 billion in damages for copyright infringement for the illegal posting of some 79,000 copyrighted works between 2005 and 2008.
 
Bank of America Moves to Disqualify Quinn Emanuel From Representing AIG in $10 Billion MBS Suit Top
Bank of America has filed a motion in federal court to disqualify Quinn Emanuel from representing AIG in its $10 billion suit against the bank, arguing that the firm is fatally conflicted because a London partner had represented Merrill Lynch and a subsidiary as a partner at Munger Tolles.
 
Panel Bars Ex-Attorney From Selling Puppies Top
A disbarred attorney who went to prison for forging a federal magistrate's order has hit another professional setback, with a New York appellate court barring him from breeding and selling animals at home. The state AG sued Perry Reich last year over an alleged "bait and switch" involving resold dogs and puppies.
 
One Malpractice Lawyer's Blog Post About Another Draws Defamation Suit Top
A suit in New Jersey appears to be the first instance in the state of one legal malpractice attorney suing another for defamation over criticism in a blog posting. The suit concerns William Voorhees Jr.'s comment about a case in which William Michelson provided an expert report that a court deemed inadmissible.
 
Insurer Acted in Bad Faith by Refusing to Settle Suit, Judge Says Top
American Transit Insurance acted in bad faith by refusing to settle a suit by a taxi passenger injured in an accident and exposing the cab driver to a liability of more than $2 million, a judge has ruled, writing that the insurer "refuses not only to acknowledge the truth, but to handle the truth!"
 
No Civil Remedy for Public Defender Attacked by Client at Mental Hospital Top
A public defender attacked by her client, a patient at a mental hospital, has no viable federal constitutional rights claim against the state, a New Jersey appeals court has ruled. Department of Human Services officials are entitled to qualified immunity, the court held.
 
Law Hiking Judges' Health-Care, Pension Payments Unconstitutional Top
A law that increases judges' contributions to their pension and health benefit plans, leaving the judges proportionally less in disposable income, violates the New Jersey Constitution's prohibition against reducing their salaries while in office, a state judge has ruled.
 

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