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Tuesday, November 1, 2011

Y! Alert: National Law Journal


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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.
 
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.
 
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.
 
Judge dismisses Deepwater Horizon-related claims Top
A federal judge's dismissal of claims against the operators of emergency rescue boats that responded to the fire on the Deepwater Horizon oil rig has "delighted" the defense but seemed likely to provoke an appeal by the plaintiffs. Meanwhile, they have begun fighting over what the judge actually meant.
 
Report calls for interagency efforts to combat federal courthouse threats Top
A new report by the U.S. Government Accountability Office found that security efforts at federal courthouses nationwide have kept pace with the growing number of threats, but that the federal agencies with a hand in security could do a better job of communicating.
 
Hips will be huge next year Top
About 3,500 lawsuits filed against DePuy Orthopaedics Inc. over its ASR hip implants, which the company recalled on Aug. 24, 2010. Since close to 93,000 patients worldwide have had the devices implanted, plaintiffs' attorneys are predicting the litigation will be huge.
 
DOJ suffers defeats in rails-to-trails cases Top
The U.S. Department of Justice has suffered a string of recent defeats over compensating landowners for the conversion of old railways into public trails, potentially exposing the government to millions of dollars in liability.
 
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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