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Wednesday, November 23, 2011

Y! Alert: Law.com - Newswire


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The Young Lions Top
The American Lawyer's survey of about 5,600 new partners from The Am Law 200 and the big firms in Canada and London finds them bright and frisky, but anxious about clients, firm policies and politics, and whether they can become kings (and queens) of the jungle.
 
Federal Circuit denies compensation to Vaccine Act claimants, reversing claims court Top
The Federal Circuit has reversed a ruling by the U.S. Court of Federal Claims that two petitioners were entitled to compensation under the National Vaccine Injury Compensation Program, finding that the claims court was mistaken in rejecting findings of a special master.
 
Noting Growing Acceptance, Circuit Denies Sanction for Ghostwriting Top
Addressing head-on for the first time the issue of attorney ghostwriting, the 2nd Circuit has said that a Manhattan immigration attorney did not engage in sanctionable misconduct when she drafted petitions for parties appearing pro se.
 
Merck Agrees Settle DOJ Claims Over Vioxx Marketing for $950 Million Top
Merck has become the latest health care company to strike a major settlement with the Justice Department, agreeing Tuesday to a $321.6 million criminal fine and a $628.3 million civil settlement to resolve claims over its marketing of the painkiller Vioxx.
 
Judge denies certification of consumer class in case over ZIP codes Top
In what may be the first ruling of its kind, a federal judge has denied certification of a class of consumers alleging GNC salespeople illegally asked for ZIP codes during credit card transactions. More than 150 actions have been filed in the wake of a California ruling that found ZIP codes were "personal identification information."
 
Judge Sam Sparks of the U.S. District Court for the Western District of Texas Top
U.S. District Judge Sam Sparks of Austin talks about the role of humor in the courtroom.
 
Recorder Roundtable: Employment Law Top
Four experts discussed recent developments in employment law at a Recorder Roundtable on Nov. 9 in San Francisco.
 
John D. Green on Improving the User Experience Top
John D. Green, CIO of Baker Donelson, speaks at ILTA with LTN's editor in chief, Monica Bay, about an initiative to improve the user experience at his firm by tracking and mapping every application in use using the Aternity Frontline Performance Intelligence software.
 
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.
 
Aggregate Law School Graduate Debt Grew $475 Million Between 2008 and 2010 Top
Data drawn from the American Bar Association and U.S. News & World Report gives a picture of the amount of debt that law school graduates take on nowadays. It's a mighty big number that's getting bigger all the time -- and taxpayers will ultimately take a loss on it.
 
L.A. Judge Certifies Class in Gutted Countrywide Mortgage-Backed Securities Case Top
A California judge has certified a class asserting claims against Countrywide Financial over more than $2 billion in mortgage-backed securities. But Countrywide may feel confident about facing the class head on, since the judge had already wiped out claims over nearly $350 billion in securities.
 
Attorney Sanctioned for 'Snow Job' In Fee Dispute Top
A California court of appeal has refused to reverse an arbitration award against an attorney who refused to pay about $415,000 to his former lawyers, and hit him and his current attorneys with $9,000 in sanctions for what the court called an "enormous snow job ... heaped upon their opponent, the trial court, and this court."
 
Stephens Media, Righthaven affiliate, concedes that brief Web excerpt is fair use Top
The latest chapter in the Nevada federal court saga launched by aggressive copyright plaintiff Righthaven LLC is a concession by its affiliate, Las Vegas Review-Journal publisher Stephens Media, that a brief news article excerpt in an online forum is not copyright infringement.
 
Panel Approves Second Look at Computer of Child Pornographer Top
In a case of apparent first impression, a New York appellate panel has held that the Fourth Amendment does not bar a more exhaustive search of a child pornography suspect's computer after he has already pleaded guilty to one crime and demanded the return of his property, nor does it require a new search warrant.
 
Judge tentatively dismisses foreign plaintiffs' economic claims against Toyota Top
A federal judge has tentatively dismissed claims by consumers in foreign countries who assert economic damages against Toyota based on defects associated with sudden acceleration. The order means that foreign consumers who bought or leased vehicles outside the United States cannot pursue their claims in U.S. courts.
 
Orange County Retirees Win Narrow Ruling on Health Benefits Top
Concluding that counties can form contracts with implied terms for health benefits, the California Supreme Court has sided with Orange County retirees in their bid to thwart a pension reform effort that would roll back health care benefits. The court punted on whether the retirees have a vested right to health benefits.
 
Trustee objects to Ruden McClosky's partner payment plan Top
The U.S. Trustee wants a bankruptcy judge to deny Ruden McClosky's plan to get financing to pay shareholders rather than unsecured creditors. The trustee appears to be siding with ex-shareholders, who say they are owed $3.5 million and are trying to block Ruden's merger with Greenspoon Marder.
 
Expansion-Minded Kasowitz Opens Silicon Valley Office Top
In the latest move to build its intellectual property practice, Kasowitz Benson announced Monday that it has opened an office in Silicon Valley. The office will be headed by IP group chair Douglas Lumish and will include the group of attorneys that moved with him from Weil Gotshal in January.
 
Judge Rejects Nuclear Worker's Disability Suit Top
A nuclear services company employee who contracted cancer and has been ordered by his doctor to avoid working in radiological areas cannot sustain an American with Disabilities Act claim because there is no position with the company that does not require exposure to radiation, a New York federal judge has ruled.
 
Retrial Ordered Where Robbery Defendant Was Identified by Victim's Son Top
New York state's highest court has ordered a new trial for a man convicted of robbery after being identified in a photo array by the victim's son. The court determined that a lower court had "fatally undermined" the defendant's rights by not reopening a hearing into the propriety of the son's participation.
 
Liu Brings Socratic Style to High Court Top
Just shy of a three-month milepost, it's still early to forecast what impact the California Supreme Court's newest member will have -- but Justice Goodwin Liu's presence has already shaken up the pace and style of oral argument in some of the court's biggest cases, most notably in the fight over gay marriage.
 
No Stay of Order Freezing Judges' Pensions and Benefits Contributions Top
Saying the state had failed to show that the public interest would be harmed if the order remains in effect, a New Jersey appellate court has refused to stay an order blocking the collection of enhanced pension and health care benefits contributions from judges and justices.
 
Court To Pass on Part-Time Judge's Side Career as Comedian and Actor Top
A part-time municipal judge who moonlights as a comedian is headed to the New Jersey Supreme Court to challenge a pair of advisory opinions disapproving of his extracurricular activities. Vincenzo Sicari, under the stage name "Vince August," has been doing comedy alongside his legal practice since 1997.
 
In First U.K. Bribery Act Sentencing, Former Court Clerk Handed 6-Year Term Top
A former magistrates' court clerk is the first person to be sentenced under the U.K. Bribery Act, after he admitted accepting a £500 bribe to "get rid" of a speeding charge. Munir Patel received three years under the Bribery Act and six years for misconduct in public office, to run concurrently, resulting in a six-year prison term.Visit International News
 
Philip Morris Begins Arbitration Proceedings With Australia Over Tobacco Packaging Law Top
The Asia division of tobacco producer Philip Morris International Ltd. has begun multibillion-dollar arbitration proceedings against the Australian government over legislation passed Friday that requires tobacco products to be sold without company branding and in dull brown packaging except for a full-color health warning.Visit International News
 
Asian-American Lawyers: Still Too Nerdy to Get to the Top? Top
Plenty of Asian-American lawyers have Tiger Moms, which is probably one reason why so many of them go on to land jobs with big, prestigious law firms. But is all that striving for academic excellence actually hampering their success in the long run? Visit The Careerist
 

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