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Wednesday, November 23, 2011

Y! Alert: National Law Journal


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Occupy LA's lawyer says peaceful relations with LAPD are no accident Top
As protestors in the Occupy movement have been arrested or relocated by force across the nation, the anti-Wall Street crowd in downtown Los Angeles has remained relatively peaceful. Occupy LA's attorney, Carol Sobel, a solo practitioner in Santa Monica, Calif., who is co-chairwoman of the National Lawyers Guild's mass defense committee, said it's no accident that Los Angeles hasn't gone the way of the rest of the country.
 
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 California consumers alleging that GNC salespeople illegally asked for their ZIP codes as part of their credit card transactions.
 
Federal Circuit denies compensation to Vaccine Act claimants, reversing claims court Top
The U.S. Court of Appeals for 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.
 
Merck agrees to settle DOJ claims over Vioxx marketing for $950 million Top
Merck & Co., Inc. became the latest healthcare company to strike a major settlement with the Justice Department on Tuesday, agreeing to pay $950 million to resolve criminal and civil charges stemming from its marketing of the painkiller Vioxx.
 
Federal Circuit: Inventor should have been allowed to offer affidavit in malpractice case Top
A district court abused its discretion by refusing to let an inventor submit an affidavit about his own invention in a malpractice case against his former patent lawyers, the U.S. Court of Appeals for the Federal Circuit has ruled.
 
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 Motor Corp. based on defects associated with sudden acceleration.
 
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.
 
Judges gives lawyers in Armenian genocide case two weeks to resolve feud over claims processing Top
A federal judge has ordered Mark Geragos and an attorney for his former co-counsel in a $17.5 million class action settlement to resolve in two weeks an escalating dispute over a botched claims process affecting millions of descendants of Armenian genocide victims.
 
For health care law, an uncertain prognosis Top
The U.S. Supreme Court, in answering questions surrounding the nation's new health care law, will reveal as much about its newest members as it does about the constitutionality of the law itself — and the most controversial aspect of the health care law may not ultimately produce the most important ruling.
 
WHITE-COLLAR CRIME: Aggressive FCPA enforcement persists Top
Increased activity, along with recent legal developments, mandate that companies remain vigilant.
 
WHITE-COLLAR CRIME: Export controls enforcement intensifies Top
Anything but strict compliance with regulations may expose a company to severe civil and criminal sanctions.
 
WHITE-COLLAR CRIME: Taking a stand on taking the stand Top
The decision about whether a defendant testifies should be exceptionally nuanced; ramifications are hard to judge.
 
WHITE-COLLAR CRIME: Does defense from federal RICO apply to 'little RICO' statutes? Top
Because state versions are worded differently, courts divide on whether operation-or-management test applies to them.
 
How limitations on number and duration apply to corporate depositions Top
What when, as frequently happens, a corporation designates multiple individuals to testify on different topics?
 
Thanksgiving and the third branch Top
The U.S. federal courts have reason to be thankful on this Thanksgiving holiday. The judiciary generally appears to fare better when Democrats control the U.S. Senate and House of Representatives; however, it remains unclear exactly how the 112th Congress and President Barack Obama will treat the third branch, especially given the serious financial problems that the United States continues to encounter.
 
OPINION: Occupy Wall Street's message for lawyers Top
Behind every credit default swap or short of subprime mortgage-backed assets sit legal counsel sanctioning these practices; their hands are no cleaner than those of their clients.
 
OPINION: Crisis management and Penn State Top
Because university officials failed to appreciate that everybody is replaceable, the school's reputation has been sullied.
 
LAW SCHOOLS REVIEW Top
Rising tuition. Misleading employment statistics. Inadequate skills training. One law school professor has launched a full-scale assault on the legal education system in response to these mounting issues. Are law schools in crisis?
 
The Minority 40 Under 40 Top
The lawyers profiled here were all born in the 1970s, a decade when law schools and law firms were just beginning to welcome minorities in significant numbers. The thriving careers of these lawyers — at law firms and in government, academia and public interest — attest to the greater opportunities available to them, as well as to their talents.
 

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