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Wednesday, December 21, 2011

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Digital Sharing Gets More Protection from Ninth Circuit Top
Intermediaries that facilitate online sharing got some relief Tuesday from the 9th Circuit, which ruled that Veoh, a site showcasing content from major and independent producers, did not have "actual knowledge" of copyright violations because Universal Music Group did not send a notice asking it to yank specific, copyrighted material. The ruling affirms a lower court opinion that a file-sharing provider isn't liable for damages caused by users transmitting copyrighted material.
 
3rd Circuit Revives $295 Million Antitrust Settlement With De Beers Top
A split en banc panel of the 3rd Circuit has reinstated a $295 million class action settlement in an antitrust case against diamond wholesaler De Beers after an initial panel of the court found the two nationwide classes involved in the settlement were improperly certified.
 
Bias Claim Dismissed for Failure to Rebut Evidence Top
A New York appeals panel has affirmed the dismissal of a lawsuit filed by a former employee of a health management company who alleged he was fired because he is white, finding that the plaintiff had failed to rebut the company's evidence that he was terminated for drinking and sleeping on the job.
 
Duncan School of Law denied accreditation Top
The American Bar Association has denied provisional accreditation to the Lincoln Memorial University, Duncan School of Law in Knoxville, Tenn. Earlier this week, Duncan was featured in a New York Times article about how the ABA's lengthy and detailed accreditation standards contribute to the high cost of legal education.
 
MDL Panel Transfers Webvention Patent Suits from East Texas to Maryland Top
Marshall, Texas-based Webvention has had a pretty good run over the past couple of years asserting a patent covering widespread Web functions against a host of companies. But will the patent troll's licensing and litigation model survive an order transferring its docket of infringement cases out of East Texas?
 
How to Earn My GC Business Top
Four in-house counsel discuss how firms can get their business and what they expect from outside attorneys.
 
John Green on Improving the User Experience Top
John 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.
 
Recorder Roundtable: Employment Law Top
Four experts discussed recent developments in employment law at a Recorder Roundtable on Nov. 9 in San Francisco.
 
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.
 
Judge Recuses From Foreclosure Involving His Lender Top
A judge whose widely publicized decision to cancel a homeowner's mortgage was overturned has now recused himself from the case, with public records showing he holds a mortgage through the same lender. There is no indication that the judge's own mortgage could have been affected by his actions in the case.
 
Verbal notice to clerk not sufficient to vacate transfer order, Federal Circuit rules Top
The Federal Circuit has ruled that a party's verbal notice to the court clerk's office of a settlement of an infringement case was not sufficient to support withdrawal of an order directing the case's transfer. The order stokes controversy about a prior decision ordering the case transferred from Delaware to California.
 
Dreier Trustee's Lawsuit Proceeds Against Westford Top
A bankruptcy judge has allowed a $137 million suit filed by the trustee handling the bankruptcy estate of imprisoned ex-lawyer Marc Dreier to go forward against hedge fund Westford Asset Management, a net winner in Dreier's Ponzi scheme. However, the judge has limited the scope of the recovery the trustee can seek.
 
Following Ruling on Warnings, Plaintiffs Advance New Drug Liability Theories Top
Even though the U.S. Supreme Court issued a landmark ruling about five months ago that pharmaceutical plaintiffs can't sue generic drugmakers over drug warnings, plaintiffs lawyers are pushing for a number of theories they say could provide recovery for clients who took generic versions of drugs.
 
Private Actions Are Not Precluded Under Martin Act, Panel Decides Top
A decade after then-New York Attorney General Eliot Spitzer dusted off the long-dormant Martin Act and deployed it to become the "sheriff of Wall Street," the Court of Appeals has essentially deputized private citizens in holding for the first time that common-law tort claims are not pre-empted by the law.
 
The Score: Covington Helps NFL Ink Billion-Dollar TV Extensions Top
Covington & Burling's sports practice maintained its hot streak last week, helping the National Football League negotiate a nine-year extension on television contracts with three major networks that will bring the league billions each year.
 
Goodwin Procter Persuades Judge to Reject Countrywide Class Action for the Second Time Top
For the second time in two months, a federal judge has refused to certify a class action alleging Countrywide engaged in misleading sales and marketing practices in the run-up to the housing crash. In October, the judge rejected a proposed plaintiff class of 500,000 borrowers; this time it was a class of 60,000.
 
D.C. Circuit Divided Over Fee Dispute In Clean Air Act Case Top
The lawyers for the Native American tribes and associations that participated in a challenge of rules controlling mercury emissions from power plants are entitled to legal fees and costs for participating in the litigation, a divided D.C. Circuit said Tuesday.
 
Justices Tap CP Judge to Lead Traffic Court in Wake of Fed. Probe Top
The Pennsylvania Supreme Court has taken the unprecedented step of appointing a common pleas court judge to oversee Philadelphia's traffic court in the wake of an FBI investigation into alleged ticket-fixing. Authorities have searched the prior traffic court judge's chambers, home and related businesses.
 
Group of V&E Lawyers Moving to Bracewell & Giuliani Top
Fourteen public finance, tax and municipal securities partners will leave Vinson & Elkins in the next few weeks to join Bracewell & Giuliani, and offers are out to 13 associates and counsel who work in V&E's public finance group. "We're basically exiting the public finance practice," said V&E managing partner Joe Dilg.
 

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