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The latest from National Law Journal

• A big gift for Bybee
• Doomsday at the high court: What to do?
• Not quite ready to quit
• 1st Circuit: Hannaford customers can recover some foreseeable mitigation costs of data breach
• Judge rules MGA was too late with antitrust claims against Mattel
• Big law school loan provider getting out of the business
• Banks, FHFA debate how to coordinate 17 mortgage-backed securities suits
• Teva must pay Pfizer $378K in attorney fees for pursuing 'frivolous' claim in case over Viagra patent
• Judge allows Orrick to fire MGA over unpaid bills
• Firms defend their work in Dodgers bankruptcy against trustee's attack
• Law school asks judge to toss graduates' fraud claims
• ENERGY LAW: This energy watchdog has sharp teeth
• ENERGY LAW: REITs may be an answer to the transmission deficit
• ENERGY LAW: Industry unfazed by revised Marcellus yield estimates
• ENERGY LAW: Battle lines form over hydraulic 'fracking'
• THE PRACTICE: Courts divide over DNA sampling of arrestees
• OPINION: Don't extend 'war on terrorism'
• THE CAREERIST: Tell daughters about Anita Hill
• Protect innovators, not copyright lawyers
• IP LAW: A SPECIAL REPORT
• WHO REPRESENTS CORPORATE AMERICA
• THE PLAINTIFFS' HOT LIST

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A big gift for Bybee	Top
From 2007 to 2010, 9th Circuit Judge Jay Bybee accepted legal and consulting help totaling $3.4 million as he fought off allegations that he authorized torture, according to financial disclosure reports obtained by The National Law Journal.
Doomsday at the high court: What to do?	Top
What would happen if some or all of the nine justices of the U.S. Supreme Court were taken out in a terrorist attack? It's a question that the framers of the Constitution did not anticipate, and policymakers ever since have not thought much about. As a result, the answer is the same as for the departure of a single justice: the clunky nomination and confirmation process.
Not quite ready to quit	Top
Some legal public service advocates are planting seeds among senior firm lawyers that pro bono work has numerous rewards — and that they can continue on that path after they retire by starting new careers with nonprofits.
1st Circuit: Hannaford customers can recover some foreseeable mitigation costs of data breach	Top
Customers victimized by a data breach at Hannaford Brothers Co., a supermarket company, can bring some negligence and implied contract claims against the company, the U.S. Court of Appeals for the 1st Circuit has ruled.
Judge rules MGA was too late with antitrust claims against Mattel	Top
A federal judge has dismissed an antitrust suit brought by MGA Entertainment Inc. against Mattel Inc., concluding that it raised allegations that were too similar to the claims already contained in a related copyright case between the parties, but gave the Bratz doll maker an opportunity to amend its complaint.
Big law school loan provider getting out of the business	Top
A change in federal student loan policy has forced Access Group Inc., a nonprofit company that has been the largest single provider of loans to law students since 1983, to stop lending to new students and to shed most of its staff.
Banks, FHFA debate how to coordinate 17 mortgage-backed securities suits	Top
Will they hang together or separately? That's the question before the U.S. District Court for the Southern District of New York, where 17 of the world's biggest financial institutions are being sued by the Federal Housing Finance Agency for selling Fannie Mae and Freddie Mac $200 billion worth of sub-par mortgage-backed securities.
Teva must pay Pfizer $378K in attorney fees for pursuing 'frivolous' claim in case over Viagra patent	Top
A Virginia federal judge has slapped Teva Pharmaceuticals USA Inc. with an order to pay $378,285 of Pfizer Inc.'s attorney fees for its litigation conduct during Pfizer's case claiming Teva infringed its patent that underpins Viagra.
Judge allows Orrick to fire MGA over unpaid bills	Top
A federal judge has granted Orrick, Herrington & Sutcliffe's motion to withdraw from representing MGA Entertainment Inc., maker of the Bratz doll, in its copyright dispute with Mattel Inc.
Firms defend their work in Dodgers bankruptcy against trustee's attack	Top
The U.S. trustee overseeing the bankruptcy case of the Los Angeles Dodgers has objected to about $350,000 in legal fees and expenses, arguing that work billed by attorneys to obtain financing over the summer was "not reasonably likely to benefit" the team.
Law school asks judge to toss graduates' fraud claims	Top
Each of the three law schools that have been sued for fraud by graduates this year has now answered with a motion to dismiss. Lawyers for the Thomas M. Cooley Law School filed its motion on Oct. 20, following motions by the Thomas Jefferson School of Law on July 18 and New York Law School on Oct. 13.
ENERGY LAW: This energy watchdog has sharp teeth	Top
Michael Bromwich has shown he's got the bark — and the bite — to oversee the creation of three new agencies to replace the disgraced Minerals Management Service following the Gulf of Mexico oil spill disaster.
ENERGY LAW: REITs may be an answer to the transmission deficit	Top
They offer a private alternative to public financing for infrastructure improvements.
ENERGY LAW: Industry unfazed by revised Marcellus yield estimates	Top
Two agencies delivered sharply contrasting views of the richness of the resource.
ENERGY LAW: Battle lines form over hydraulic 'fracking'	Top
Both sides are positioning their troops across the legislative, executive and judicial theaters.
THE PRACTICE: Courts divide over DNA sampling of arrestees	Top
Some view it as just a modern version of fingerprinting; others say it's far more intrusive and requires a balancing test.
OPINION: Don't extend 'war on terrorism'	Top
National Defense Authorization Act would likely allow military detention of U.S. citizens and others arrested here.
THE CAREERIST: Tell daughters about Anita Hill	Top
As bad as sexism might be today, it was far worse back before Anita Hill shined a glaring light on it. Thanks to Anita Hill, my daughter will have to put up with a lot less nonsense.
Protect innovators, not copyright lawyers	Top
If Viacom succeeds in having last year's judgment in favor of YouTube overturned, it will be a crushing blow for small startups — the YouTubes, Facebooks and Googles of tomorrow.
IP LAW: A SPECIAL REPORT	Top
The sweeping patent reform law enacted last month is expected to create new classes of intellectual property winners and losers as game-changing provisions kick in during the next 18 months.
WHO REPRESENTS CORPORATE AMERICA	Top
For this year's survey of the law firms who represent America's largest corporations, we've chosen to highlight one example of the longer-term relationships between in-house counsel and the law firms that represent them.
THE PLAINTIFFS' HOT LIST	Top
These 20 firms are at the cutting edge of plaintiffs' work — and are giving defense players a run for their money. • Hare Wynn harvests big victory in rice row • In NYSE case, Labaton created a bull market • Whatley Drake finds healthy return in insurance fights

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