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The latest from National Law Journal

• Dodgers sale could narrow McCourt's malpractice claim against Bingham
• Faculty diversity means gains for female law students, according to study
• Federal Circuit declines to revisit standard for appellate review of claim construction
• Massachusetts lawyer charged with mortgage fraud
• Senate confirms Loyola professor for 5th Circuit
• After outcry, 9th Circuit withdraws cable channel bundling ruling
• Judge rules for Florida landowners and against DOJ in property dispute
• U.S. Sentencing Commission issues first study in 20 years on mandatory minimums
• Two State Street executives cleared of SEC charges of misleading investors
• The Minority 40 Under 40
• THE PRACTICE: Suing employees for computer fraud gets easier
• OPINION: The need for empathy on the Court
• OPINION: Overhaul civil litigation
• The big chill: the Computer Fraud and Abuse act and whistleblower disclosures
• NLJ LAW SCHOOL REVIEW: The great debate over law schools
• IP LAW: A SPECIAL REPORT

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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.
Faculty diversity means gains for female law students, according to study	Top
A study of law review membership indicates that gender and racial diversity on law school faculties may translate into more opportunities for female students.
Federal Circuit declines to revisit standard for appellate review of claim construction	Top
The U.S. Court of Appeals for the Federal Circuit has taken a pass on an opportunity to revisit its seminal 1998 ruling on appellate review of claim reconstruction. A split decision by the full Federal Circuit denied rehearing of a case involving review of a district judge's decision on the definition of patent claims.
Massachusetts lawyer charged with mortgage fraud	Top
The U.S. Attorney's Office for the District of Massachusetts has charged Woburn, Mass., lawyer Daniel Braese with bank fraud and making false statements in connection with a mortgage fraud scheme.
Senate confirms Loyola professor for 5th Circuit	Top
Legal academics have had a tough time winning confirmation for high-profile government jobs. But Loyola University New Orleans School of Law professor Stephen Higginson had a relatively easy time of it. The Senate voted unanimously to confirm him for a seat on the 5th Circuit.
After outcry, 9th Circuit withdraws cable channel bundling ruling	Top
The U.S. Court of Appeals for the 9th Circuit on Oct. 31 withdrew the opinion, issued on June 3, after an array of amicus organizations showered it with petitions to reconsider. As a result of the withdrawal, the petitions for rehearing were moot, the panel wrote.
Judge rules for Florida landowners and against DOJ in property dispute	Top
Continuing a string of recent losses for the U.S. Justice Department, a federal claims judge in Washington this week rejected the government's formula for compensating a group of landowners involved in a property dispute in Florida.
U.S. Sentencing Commission issues first study in 20 years on mandatory minimums	Top
Black convicted offenders are the racial group least likely to earn relief from mandatory minimum sentences for assisting the government, according to a major study of mandatory minimum penalties by the U.S. Sentencing Commission.
Two State Street executives cleared of SEC charges of misleading investors	Top
The U.S. Securities and Exchange Commission has lost an administrative case against two former State Street Global Advisors executives accused of misleading investors through disclosures about the underperformance of a State Street fund holding subprime mortgage-backed securities.
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.
THE PRACTICE: Suing employees for computer fraud gets easier	Top
Four separate circuit court rulings this year enhanced the ability of businesses to use Computer Fraud and Abuse Act.
OPINION: The need for empathy on the Court	Top
Two recent arguments, one about strip searches and another about a procedural default in a death penalty case, illustrate why the human dimension matters in judging.
OPINION: Overhaul civil litigation	Top
The jury trial has all but vanished, and discovery is used as a tactic to leverage a favorable settlement.
The big chill: the Computer Fraud and Abuse act and whistleblower disclosures	Top
Anyone who favors enforcement of regulatory laws, as well as the protections that those laws afford whistleblowers, should hope that the 9th Circuit uses this opportunity to correct a decision that could deter would-be whistleblowers from coming forward with evidence of corporate wrongdoing.
NLJ LAW SCHOOL REVIEW: The great debate over law schools	Top
Rising tuition. Misleading employment statistics. Inadequate skills training. Law schools have faced plenty of criticism for their role in the struggles of young lawyers today. The National Law Journal has assembled a panel of top legal educators and law graduates to discuss whether law schools are facing a crisis and how they should respond to their mounting problems. Join the discussion at The National Law Journal's Law School Review blog.
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.

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