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• 3rd Circuit Throws Out 'Wardrobe Malfunction' Fine Against CBS, Again
• Dodgers sale could narrow McCourt's malpractice claim against Bingham
• In eyewitness case, Court peers at 'suggestive influence'
• FBI: Group wanted to kill federal judges, attorneys
• More Bankruptcy Lawyers Pulled into MF Global Orbit
• John D. Green on Improving the End-User Experience
• Janet Day on Law Firm IT 'Nirvana'
• The Final Rothstein Auction
• Doug Caddell on Foley & Lardner's Freedom of Computing
• Obama Nominates Arizona Justice for 9th Circuit Slot
• At the starting gate, health care challenges rev their engines
• Case of Fake Facebook Profile Can Proceed, Judge Rules
• Federal Judge Knocks Out Billions in Common Law Claims by Madoff Trustee
• Senate confirms Loyola professor for 5th Circuit
• Ninth Circuit Overturns Drug Conviction Because of Sarcastic Closing
• Settlement Allows Ponzi Scheme Victims to Recoup From 'Net Winners'
• U.S. Will Seek Rehearing in Case Involving Iran Trade Embargo
• Firm Settles FTC Suit Charging It Aided Client in Dubious Mortgage Services
• Spike in Income After Marital Split Can Be Factored Into Alimony Determination
• Paid Leave for Religious Observance Held Unconstitutional
• Toil and Trouble May Lead Brewers to Victory in Beer Battles

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3rd Circuit Throws Out 'Wardrobe Malfunction' Fine Against CBS, Again	Top
The 3rd Circuit has again thrown out a $550,000 fine against CBS for televising Janet Jackson's "wardrobe malfunction" during the 2004 Super Bowl halftime show. The majority found that nothing about the U.S. Supreme Court's ruling in FCC v. Fox Television Studios changed the initial analysis that the fine was imposed without sufficient notice of a change in FCC policy to allow for sanctions for fleeting expletives or indecent images.
Dodgers sale could narrow McCourt's malpractice claim against Bingham	Top
The sale of the Los Angeles Dodgers, coupled with his $130 million divorce settlement, could help winnow any damages in a malpractice claim by team owner Frank McCourt against Bingham McCutchen, the law firm that drafted an invalid marital agreement at the heart of his divorce.
In eyewitness case, Court peers at 'suggestive influence'	Top
The Supreme Court on Wednesday appeared reluctant to expand due process protections against the admission of police-manipulated, eyewitness identification evidence. The justices' renewed interest in eyewitness identifications comes as studies and research increasingly cast doubt on their reliability.
FBI: Group wanted to kill federal judges, attorneys	Top
Four Georgia men charged with targeting attorneys with the U.S. Justice Department, federal judges and federal law enforcement agents for assassination appeared before a federal judge Wednesday. According to an FBI affidavit, the group's primary targets included "everybody in the DOJ."
More Bankruptcy Lawyers Pulled into MF Global Orbit	Top
Several more Am Law 100 and leading international firms have landed roles advising parties in connection with the collapse of commodities and derivatives broker MF Global Holdings, which this week sought Chapter 11 protection as a result of its exposure to Europe's mounting sovereign debt problems.
John D. Green on Improving the End-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 end-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.
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.
Obama Nominates Arizona Justice for 9th Circuit Slot	Top
President Obama on Wednesday moved to fill his fifth vacancy on the 9th U.S. Circuit Court of Appeals, nominating Arizona Justice Andrew Hurwitz, who joins three other 9th Circuit picks awaiting action by the Senate. Hurwitz, 64, is the president's most politically plugged-in pick for the circuit.
At the starting gate, health care challenges rev their engines	Top
The U.S. Supreme Court justices will take their first look at five of the six health care challenges at their Nov. 10 conference. And if, as expected, they agree to hear arguments over the Patient Protection and Affordable Care Act, brief writing could rev up as soon as the Monday after the conference.
Case of Fake Facebook Profile Can Proceed, Judge Rules	Top
A woman accused of impersonating her ex-boyfriend, a police detective, on a fake Facebook page and posting inflammatory comments can be prosecuted for identity theft, a New Jersey judge ruled Wednesday in a case that could have wider implications for cyber-speech.
Federal Judge Knocks Out Billions in Common Law Claims by Madoff Trustee	Top
A judge late Tuesday dismissed $19 billion in common law claims brought by Madoff trustee Irving Picard against JPMorgan Chase and $2 billion in claims against UBS. Is it possible that Madoff's investors might take up these claims against the banks themselves, given Picard's standing problems?
Senate confirms Loyola professor for 5th Circuit	Top
Unlike other legal academics, Loyola University New Orleans School of Law professor Stephen Higginson has had a relatively easy time winning confirmation for a high-profile government job. The Senate this week unanimously confirmed Higginson for a seat on the 5th Circuit.
Ninth Circuit Overturns Drug Conviction Because of Sarcastic Closing	Top
The 9th Circuit on Tuesday junked a cocaine trafficking conviction, finding an Assistant U.S. Attorney's final flourish in closing arguments -- suggesting an acquittal would "send a memo" to drug traffickers and encourage future criminal activity -- was improper.
Settlement Allows Ponzi Scheme Victims to Recoup From 'Net Winners'	Top
In a case that marks the first time a class has ever been certified under the Pennsylvania Uniform Fraudulent Transfer Act, a federal judge has approved a settlement that allows a group of investors who lost thousands in a Ponzi scheme to recoup money from investors who profited from the scheme.
U.S. Will Seek Rehearing in Case Involving Iran Trade Embargo	Top
Federal prosecutors plan to challenge an appeals court's decision vacating a man's conviction for violating the trade embargo with Iran. A prosecutor told a judge Wednesday that the government will seek a rehearing by the 2nd Circuit panel that issued the decision or a rehearing en banc in the case.
Firm Settles FTC Suit Charging It Aided Client in Dubious Mortgage Services	Top
A New Jersey law firm has agreed to settle FTC charges that it helped its client, a mortgage modification company, engage in unfair, abusive and deceptive marketing practices. The suit was notable for the government's attempt to hold a law firm liable, based on agency theory, for a client's actions.
Spike in Income After Marital Split Can Be Factored Into Alimony Determination	Top
A breadwinner's sharp rise in income following a marital breakup can be used in calculating alimony, especially if the other spouse's support during the marriage enabled the earner's success, a New Jersey judge has ruled.
Paid Leave for Religious Observance Held Unconstitutional	Top
The paid leave for religious observance contained in a Long Island school district's collective bargaining agreement violates the First Amendment's establishment clause, a New York judge has ruled.
Toil and Trouble May Lead Brewers to Victory in Beer Battles	Top
Michael Peticolas capped off his law practice last year so he could do what he really loves: brew fresh craft beer and sell it to bars. But he is learning that the law is as important an ingredient in his business recipe as hops and barley. And he's working with some kindred spirits to change the legal landscape for Texas brewers.Visit lawjobs.com News & Views

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