Law Journal 2011-04-03 ~ lawyer,attorney,legal information
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Saturday, April 9, 2011

Y! Alert: National Law Journal


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OPINION: Transparency: the cure for America's ailing law schools
For the first time, they would have a potent incentive to reduce tuition and accelerate the so-far glacial movement to incorporate practical skills into legal education.
 

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Y! Alert: Law.com - Newswire


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This Will Hurt a Bit: J&J Settles Foreign Bribe Charges Top
Pharmaceutical titan Johnson & Johnson has agreed to pay $70 million to settle civil and criminal bribery charges, and signed a deferred prosecution agreement containing five pages of required compliance reforms.
 
What's the Deal with Cromwell & Goodwin? Top
At first glance, the homepage of the seemingly slick Cromwell & Goodwin website certainly looks like the online home of a legitimate law firm. Look a bit deeper, though, and serious questions arise.
 
Circuit Rejects Request to Cancel 9/11 Property Damages Settlement Top
The 2nd Circuit has rejected developer Larry Silverstein's attempt to derail a $1.2 billion settlement of property damage claims filed against airlines and security companies accused of negligence after the 9/11 terrorist attacks.
 
Howrey Hit With Another WARN Suit Top
Howrey, which was recently sued by a former employee over an alleged failure to meet its obligations under the WARN Act, was sued by a class of 18 former employees in federal court on Friday.
 
Google-ITA Merger Approved, With Conditions Top
The DOJ has approved Google's $700 million purchase of flight data provider ITA Software but imposed significant conditions, including requiring the company to develop and license travel software so competitors can power their websites.
 
2010: a record year for domain name dispute arbitrations Top
Arbitration cases involving allegations of cybersquatting, or improper use of trademarks in Internet domain-name registrations, hit record levels last year at the two organizations that handle most of the disputes.
 
Municipal Judge Reprimanded for Use Of Office To Influence a Private Dispute Top
A New Jersey municipal judge has received a public reprimand for misusing the power of his office to gain an advantage in private litigation with a high school student who dented his car in a parking lot.
 
Legislation Tackles Contingency Fees Top
Supporters of legislation that would prohibit state-hired private attorneys from receiving a cut of what they seize in civil forfeitures hope to give the bill the final push it needs to make it onto the governor's desk.
 
Judge rules bank can be sued under Mass. consumer protection law Top
A Boston judge has ruled that homeowners may sue a bank under Massachusetts' consumer protection law, which offers possible triple damages, for violating the federal Treasury Department's Home Affordable Modification Program standards.
 
In Approving Change, Panel Says Hyphenated Name Allows Child to Identify With Both Parents Top
An appeals panel has ruled that a 9-year-old's interests would best be served by a new last name that incorporates the surnames of her unmarried parents and serves as a "reminder of the ethnic heritage of both parents."
 
Swedish rocker Yngwie Malmsteen says he was duped by home remodeler Top
Swedish rocker Yngwie Malmsteen, whose approach to guitar helped create the "shredding" style of the 1980s, is suing a construction company, claiming he was duped into hiring an unlicensed contractor who refuses to finish remodeling his Miami Shores home.
 
Private Prosecutions Per Se Illegal in New Jersey, Appeals Court Rules Top
A court has slammed the door on private prosecutions in New Jersey, finding they violate public policy. The ruling means that a man who tried to break up a fight at a party cannot press an assault charge against a woman who allegedly punched him repeatedly during the scuffle.
 
U.S. Justice Department Reaches Deferred Prosecution Agreement With Japanese Company Top
Japanese engineering company JGC Corp. has reached a deferred prosecution agreement with the U.S. Justice Department over millions of dollars in bribes it paid to Nigerian government officials. JGC agreed to pay a nearly $219 million criminal penalty, ending a probe that snared four companies. Visit International Legal News
 

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Friday, April 8, 2011

Y! Alert: The American Lawyer


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What's the Deal with Cromwell & Goodwin?
No one has ever heard of Cromwell & Goodwin, though the firm has supposedly been around for three decades. No one answers the phone number listed on its three-week-old Web site. And its New York address doesn't exist.
 

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Y! Alert: The Am Law Daily


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Q&A: The S&C Attorney Who Took on Arkansas's Adoption Law
The Am Law Daily checks in with New York-based IP partner Garrard Beeney, who led a pro bono Sullivan & Cromwell team that helped a group of plaintiffs successfully challenge a state law that prohibited gay couples from adopting children or serving as foster parents.
 

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Y! Alert: NYLJ.com


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Wintery Mix: Guidance On Substantive and Procedural Issues Top
In her Trusts and Estates Update, Ilene Sherwyn Cooper, a partner with Farrell Fritz, writes that just as this winter has provided us with a mix of sun, clouds, snow, sleet and ice, so, too, has the Surrogate's Court and Appellate Division provided us with an array of opinions to instruct and guide us on substantive and procedural issues affecting trusts and estates practice.
 
Air Bag Warning Claim Preempted; 'Scarlet Letter' Sanction Ordered Top
In his Products Liability column, Herzfeld & Rubin member Michael Hoenig discusses how federal preemption of particular automotive claims continue to be a battleground and how the recent Morris v. Mitsubishi Motors North America Inc. decision holds such a warnings claim to be preempted notwithstanding the Supreme Court's Williamson decision in March.
 
Albany: Client Protection Fund Sees Spike in Claims and Payouts in 2010 Top
 
Judge Applies Attorney Ethics Rules to Disqualify Whistleblowers From Federal Qui Tam Lawsuit Top
 
Divorcing Wife Cleared to Sue Husband for Theft of Academic Paper Top
 
News In Brief Top
 
Transcripts Show Alleged Inside Trader's Attempts to Avoid Detection Top
 
Obituary: William R. LaMarca Top
 
Correction Top
 
Harris v. City of New York Top
§§240(1), 241(6) Claims Stemming From Road's Removal From Bridge Are Reinstated
 
Baran v. Swift Top
Doctor's Notice to Admit Stricken as Improper, Barred From Use of Patient's Responses
 
Stevens Van Lines Inc. v. Don's Moving & Storage Inc. Top
Questions of Fact, Credibility Preclude Summary Judgment Against Storage Facility
 
Salinas v. City of New York Top
City Fails to Plead 'Improper Party' As Affirmative Defense in School Injury Case
 
Gilmore v. DiMaggio's Waterfront Restaurant Inc. Top
Court Finds Out-of-Possession Landlord Owed No Duty to Tenant's Patron
 
Novacare Medical PC v. Travelers Property Cas. Ins. Co. Top
Peer Report Insufficient to Shift Burden To Provider to Submit Opposing Expert Proof
 
Stodolski v. Wisselman, Harounian & Associates PC Top
Court Finds Commencement of De Novo Review Effectively Vacates Arbitration Award
 
United States v. Perez-Frias Top
Circuit Joins Others in Ruling Enhancement For Alien's Illegal Re-Entry Not Unduly Harsh
 
Muller v. Twentieth Century Fox Film Corp. Top
Fox's 2004 Movie 'AVP: Alien vs. Predator' Did Not Infringe on Prior Screenplay
 
Matter of Doctor's Associates Inc. v. Gharbaran Top
Court Lacks Jurisdiction to Confirm Arbitral Award; $75,000 Diversity Threshold Not Met
 
Morrone v. Erlich Top
Derivative Action Against Military, Security Supplier Dismissed; Prior Demand Not Made
 
Outside Counsel: 'United States v. Burden': An Errant Exercise in Evidence Law Top
Litigator Marc Fernich analyzes a Second Circuit case that addressed tow issues: First, a novel application of the Confrontation Clause to recorded remarks by a wired government informant who did not testify at trial and was thus unavailable for cross-examination; and second, more the admissibility of prior consistent statements by an impeached government witness.
 

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Y! Alert: lawjobs.com News And Views


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What Firms Can Learn From Dickinson's Lateral Hiring Approach Top
While helping Detroit-based Dickinson Wright with a search for laterals, consultant Laurence R. Latourette was impressed by the firm's hiring structure and follow through. He discusses some lateral hiring pointers that other firms can pick up from Dickinson's approach.
 
Howrey Hit With Another WARN Suit Top
Howrey, which was recently sued by a former employee over an alleged failure to meet its obligations under the WARN Act, was sued by a class of 18 former employees in federal court on Friday.
 
Federal Judge Again Approves Bonus Fees to Civil Rights Lawyers Top
An Atlanta federal judge whose bonus award to civil rights attorneys prompted the U.S. Supreme Court to place strict limits on such fees has again found that a child welfare organization and its legal partners deserve more money for their work in reforming the state's foster care system.
 
Dechert, Gibson Dunn Add Four Partners Apiece From Orrick Top
Two four-person groups have jumped from Orrick Herrington & Sutcliffe to new firms. A New York-based quartet headed to Gibson, Dunn & Crutcher, while a Los Angeles-based team moved to Dechert.
 
Kelley Drye Picks Up L.A. Office by Acquiring Boutique Top
New York-based Kelley Drye, which shuttered its last Los Angeles office in March 2003, has acquired 15-lawyer L.A. boutique White O'Connor. The new office will initially be called Kelley Drye/White O'Connor.
 
Commentary: Goldman Sachs as Model for Big Law? Top
A review of news coverage on Goldman Sachs shows parallels between the firm and big law, according to Steven Harper, an adjunct professor at Northwestern University. He suggests that a tipping point could arrive if the U.S. permits non-attorney investment in law firms.
 
Partnership Ranks at Top U.K. Law Firms Still in Flux, Research Shows Top
Legal Week research demonstrates the extent to which many law firms in the U.K. are continuing to resize their partnerships. DLA Piper has seen 75 partners resign from its international LLP since January 2010, and Eversheds and Ashurst have also had large partnership upheavals.
 
Law Schools Reward Minority Mock Trial Victors With Tuition Money Top
There is no shortage of so-called pipeline programs that aim to expose minority students to legal careers, but John Marshall Law School's National Diversity Undergraduate Mock Trial competition may offer a blueprint for law schools looking to diversify their student bodies.
 
Howrey Patent Litigator Joins Fenwick Top
Former Howrey patent litigator Teresa "Terry" Corbin has joined Fenwick & West as a partner in the firm's San Francisco office. And now she's looking forward to working with clients on more than just litigation. Fenwick provides corporate transactional services that Howrey did not, Corbin says.
 
Lateral Losses Cause Austin Firm to Fold Top
Clark, Thomas & Winters, a one-time 200-lawyer firm that once served as counsel to President Lyndon B. Johnson, has closed shop after the departures of more than 50 lawyers over the past two months.
 
Should I Aim for In-House or Another Law Firm? Top
After 15 years at a litigation boutique, I need to move on. Do I go in-house or move to another firm? And any networking advice?
 
Tips on Transitioning From Accounting Firm to Law Firm? Top
I am a lawyer currently working for a Big 4 accounting firm, and I'd like to transition to a law firm and practice tax law. Is it true this is a difficult move? Any advice on making the transition easier?
 

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Y! Alert: National Law Journal


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IN-HOUSE COUNSEL: Truths about innovation in law departments
The soup of innovation may be thick around it, but any individual department can ladle out only small servings.
 

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Y! Alert: Court News RSS - The Recorder


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Y! Alert: Law Firms RSS - The Recorder


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Lowenstein Sandler Picks Up Blakely Sokoloff Patent Team Top
 
On the Move Top
A weekly report of lawyer moves and law firm changes. Keep abreast of where movers and shakers are going and what they're doing.
 

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Y! Alert: National Law Journal - Washington


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A $50 million puzzle Top
A six-year round of musical chairs over liability for a fatal explosion in Wash­ington is set to wind down this summer. With $50 million in damages at stake, the government and contractors are maneuvering to make sure they aren't the last ones standing.
 
Building a wall for Kagan Top
A recent release of documents under the Freedom of Information Act has provided a rare glimpse into the inner workings of the U.S. solicitor general's office in 2010 before and after then-SG Elena Kagan's nomination to the U.S. Supreme Court.
 
Redefining 'prevailing party' Top
Chicago's quick action to amend its firearm laws has called into question whether Gura, the lead attorney in the McDonald case, was the "prevailing party" and entitled to recover attorney fees from the city. The dispute is more than about whether Gura gets paid.
 
Companies play the RICO card vs. unions Top
Sodexo Inc., the giant food services company, is in the middle of an unappetizing battle with one of the nation's largest unions. And to gain the upper hand, it's trying a legal tactic that's had a mixed record in the courts
 
INADMISSIBLE Top
Conference with Tokyo judges postponed; March Madness picks as fundraising opportunity; battle over Cobell fees continues; just another band out of D.C.; Marlowe for lobbyists; staying connected to the high court; and strange bedfellows for cutting prison spending in this week's column.
 
Federal Circuit sanctions lawyer for improper confidentiality markings in briefs Top
The U.S. Court of Appeals for the Federal Circuit has sanctioned Katten Muchin Rosenman partner Daniel Shapiro with a $1,000 fine for the "extensive use of improper confidentiality markings."
 
Another campaign finance law appears ready to fall Top
The justices heard spirited arguments in two consolidated cases challenging the matching funds trigger in the Arizona Citizens Clean Elections Act. By the end of the hour-long session, the same justices who prevailed in last year's blockbuster Citizens United v. FEC, striking down a major federal restriction on corporate spending, had voiced strong skepticism about the Arizona provision.
 
Don't Ask foes cite implicit reversal by Obama administration Top
The Justice Department has made an implicit "about face" regarding the constitutionality of the Don't Ask, Don't Tell policy in court — even though government lawyers are seeking to overturn a ruling that struck down the military's ban on open homosexuals, argue the Log Cabin Republicans.
 
In wake of Maple case, Court stays two other executions Top
Even before the case of Alabama death row inmate Cory Maples is heard or decided by the Supreme Court, it appears to be having an impact on other capital punishment cases before the high court. The Court this week granted stays of execution in two cases that the Court may be considering in light of the Maples case, which will be heard next fall — possibly as a precursor to a broader look at the right to effective assistance of counsel in state post-conviction review proceedings.
 
Courtside: Justice Scalia — a legendary lead foot? Top
At the Court, few were surprised to hear about Justice Scalia's car accident Tuesday. Scalia has a reputation for having a lead foot that activates when he is running late getting to Court from his home in suburban Virginia. A skit by Court clerks once mocked his driving habits. And colleague Justice David Souter even joked during an oral argument about Scalia's fast driving.
 
Tough sale for plaintiffs in Wal-Mart case Top
The massive gender discrimination class action against retail giant Wal-Mart ran into strong resistance at the Supreme Court on Tuesday, after surviving lower court challenges ever since it was launched 10 years ago.
 
Fee fight headed for courtroom Top
A $4 million jury award for a man savagely beaten outside a Washington nightclub is at the center of a rare court fight over fees between attorneys who represented the plaintiff.
 
Firm seeking payback from Abramoff pal Top
Lawyers for Greenberg Traurig are demanding that Abramoff business partner Michael Scanlon make restitution to the firm to cover its losses.
 
Cobell attorneys seek $223 million Top
They say the judge isn't bound by their pledge to accept $99.9 million or less.
 

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