Law Journal 2011-04-10 ~ lawyer,attorney,legal information
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Saturday, April 16, 2011

Y! Alert: National Law Journal


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THE PRACTICE: The abandonment of Dodd-Frank Top
Outright repeal remains unlikely, but regulatory subversion may leave the act a hollowed-out shell.
 
OPINION: Obama's U.N. Authority? Top
Only the elected representatives of Congress, not the U.N., can authorize the United States to use military force against another nation.
 
The ethical implications of outsourcing Top
Outsourcing has always been and will always be a contentious issue, but in the legal industry it also raises ethical questions — the answers to which are not altogether clear.
 

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Y! Alert: Law.com - Newswire


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Kozinski and the First Amendment
The Internet has rendered the provision obsolete, Ninth Circuit chief says.
 

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Friday, April 15, 2011

Y! Alert: Law.com - Newswire


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Bonds Team Seen as Having 'Powerful' Appellate Argument Top
Allen Ruby and Cristina Arguedas were center stage at Barry Bonds' perjury trial. But getting Bonds out of trouble now falls mainly to Dennis Riordan and Donald Horgan, as the defense team focuses on undoing the obstruction-of-justice conviction.
 
Gibson Dunn Wins Sanctions Against SunTrust in AIG Mortgage Insurance Fraud Suit Top
A judge has sanctioned SunTrust's mortgage division and criticized the bank's lawyers, concluding a SunTrust employee altered emails that in-house lawyers and senior management knew were apt to be at the center of AIG insurance fraud litigation.
 
DOJ Pitches GPS Surveillance Case to Supreme Court Top
The Justice Department on Friday urged the Supreme Court to resolve a conflict among federal appellate courts over whether law enforcement officers must obtain a warrant before using GPS technology to covertly follow a person.
 
Regulators largely spared budget ax Top
The fight has only just begun over the budget deal passed by Congress. The deal includes a record $38 billion in wide-ranging spending cuts, ushering in what is likely to be a new era of austerity for federal programs.
 
Unions Told to Expect 400 to 500 Layoffs Top
New York state's court system has notified employee unions that it expects to lay off 400 to 500 workers by June 1 due to recent budget cuts. The layoffs will represent the first substantial reduction in force for the courts in 20 years.
 
House passes overhaul of state courts system Top
On a party-line vote, the Florida House has passed legislation that would expand the state Supreme Court from seven to 10 members and split them evenly into divisions for criminal and civil appeals. The legislation now goes to the Senate.
 
Belly Dancing Blogs Doom Ex-Wife's Bid for Maintenance Top
A woman's penchant for blogging about her belly dancing has ruined her chance for monthly support payments from her ex-husband, who presented the blogs to a judge to counter the woman's claims she couldn't work after a car accident.
 
Bank of America Taps Gary Lynch as Global CLO Top
Bank of America announced Friday it has named Gary Lynch -- formerly with Morgan Stanley, Credit Suisse, Davis Polk and the SEC -- to the new post of global chief legal officer, to focus on legal, compliance, and regulatory relations.
 
Walker Defends Hitting 'Play' on Prop 8 Video Top
In a letter to the 9th Circuit, former U.S. District Judge Vaughn Walker has defended his decision to show footage of the Proposition 8 trial at public events, saying he considered the recording part of his judicial papers.
 
Suits claim banks forced mortgagees to buy excessive flood insurance Top
Nichols Kaster has filed a mini-wave of lawsuits against banks for allegedly forcing mortgagees into exorbitant flood insurance policies, with five purported class actions in four states since March 2010.
 
No Prison Time for Convicted InterMune Executive Top
Shooting down prosecutors' request for a 10-year prison sentence and a $1 million fine, a federal judge last week gave convicted former InterMune executive W. Scott Harkonen three years of probation and a $20,000 fine.
 
Approval of Evidence Rules Rewrite Ends 20-Year Quest Top
The State Bar of Georgia on Thursday won legislative approval of its proposed rewrites of the state's 148-year-old evidence rules, completing a 20-year quest that ran into last-minute trouble last week.
 
It's Complicated, Says Judge, as He Delays Trial of WellCare Ex-GC Top
A judge has postponed until at least this fall the trial of ousted WellCare Health Plans general counsel Thaddeus Bereday and four other former executives, after finding the case too complicated to meet the original May trial date.
 
To Collect on Time-Barred Debt Claims, Ask Firmly but Don't Threaten To Sue Top
Creditors can try to collect a debt even if the statute of limitations has passed, so long as they do not sue or threaten to sue, the 3rd U.S. Circuit Court of Appeals has ruled in a case of first impression.
 

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Y! Alert: Legal Blog Watch


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Friday's Three Burning Legal Questions
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: Why did Facebook delete my account after I made Gustave Courbet's 1886 oil painting "The Origin of the World" my profile picture? Can I sue them for this? Answer: Facebook is pretty firm on the idea that a painting of a woman's vagina may not be used for a profile picture. As to your lawsuit, there are a handful of other Courbet fans kicked off Facebook who will be following closely. (Gawker, The Famous Vagina Painting That Facebook Doesn't Want You to See [note: probably not suitable for work viewing either]) 2) Question: OK, so I posted some copyright-protected stuff to YouTube, like a zillion other people. What are they going to do, put me in YouTube jail? Ha! Answer: There is no YouTube jail but get ready to spend some time in YouTube copyright school, you scofflaw! (ars technica, YouTube sending repeat infringers to copyright school) 3) Question: I'm sitting down to write my brief to be filed in the state Supreme Court, and I'm thinking about going a different direction with it. That is, I plan to compare my client to...
 

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Y! Alert: Texas Lawyer


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No Protective Order for Tom Phillips, Wife in Wrongful-Death Suit
Last month, a judge denied a protective order sought by Baker Botts partner and retired Texas Supreme Court Chief Justice Tom Phillips (pictured) and his wife, defendants in a wrongful-death suit brought by the parents of Audrey King, who died in a 2009 car accident after allegedly attending a party hosted by the Phillipses' son Daniel where underage drinking occurred.
 

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Y! Alert: lawjobs.com News And Views


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Working Smart: It's All About a 'Me File' Top
When it comes to advancing your career, it helps to be self-centered. To thrive in good economic times -- or survive in slow ones -- you must demonstrate your value to your organization's bottom line, and a well-stocked "Me File" can help you do that, says consultant Valerie Fontaine.
 
Study: In-House Women of Color Face Obstacles, but Feel Empowered Top
Corporate Counsel Women of Color, a nonprofit organization that fosters diversity in Fortune 1000 law departments, has a new report on how women of color are faring in those companies. CCWC founder and CEO Laurie Robinson says the results were surprisingly refreshing.
 
N.Y. Court Unions Told to Expect 400 to 500 Layoffs Top
New York state's court system has notified employee unions that it expects to lay off 400 to 500 workers by June 1 due to recent budget cuts. The layoffs will represent the first substantial reduction in force for the courts in 20 years.
 
Commentary: Misery Index as a New Law Firm Metric? Top
Rather than mislabeling attorney billable hours as measures of productivity, says Steven Harper, an index should permit excessive hours to convey their true meaning: attorney misery. This "misery index" could help reveal a firm's culture, writes the Northwestern adjunct professor and retired Kirkland partner.
 
Former Advanta General Counsel Returns to Pepper Hamilton Top
After working at Pepper Hamilton for about a year, Jay Dubow left in 2008 to serve as GC of longtime client Advanta Corp. Three years later, Advanta is bankrupt and Dubow is back at Pepper Hamilton with new skill sets and working under a new enforcement regime at the Securities and Exchange Commission.
 
Womble Carlyle Merges With South Carolina Firm Top
North Carolina-based 500-lawyer Womble Carlyle has acquired 44-lawyer Buist Moore Smythe McGee, one of the oldest and largest firms in Charleston, S.C. The merger, effective April 30, creates the largest firm in the Carolinas.
 
7 Split Off From Orrick to Open IP Boutique Top
Four partners and three associates from Orrick, Herrington & Sutcliffe's Menlo Park, Calif., office have split off to form plaintiffs patent litigation boutique Freitas, Tseng, Baik & Kaufman. At least 10 other partners have left Orrick's California offices this year.
 
Location Matters When It Comes to Big Law Success Top
Physical location is not just a key to real estate success, but also one of the many random factors dictating success in Big Law, says The Snark. As a Cog, you want to avoid satellite office syndrome, and remember that your assigned office location is directly related to the work you receive.
 
Trio of U.K. Law Firms Included in List of Top Employers for Women Top
Freshfields Bruckhaus Deringer, Hogan Lovells and Addleshaw Goddard have all been included in The Times' annual Top 50 Employers for Women list, which was published on Wednesday, with both Freshfields and Hogan Lovells included for the first time.
 
Dewey & LeBoeuf Adds M&A Partner in Silicon Valley Top
Mergers and acquisitions partner James Griffin has left Fulbright & Jaworski in Dallas to join Dewey & LeBoeuf in Silicon Valley. He joins a team of lawyers that came to Dewey from Cooley in 2009. "They're just a fantastic group of M&A professionals," Griffin said. "It was a deal that I could not say no to."
 
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: Law Firms RSS - The Recorder


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Y! Alert: National Law Journal - Washington


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Heirloom litigation Top
In what attorneys have called the "World Cup" of probate litigation, Washington is the latest jurisdiction to be drawn into the 16-year fight over the multimillion-dollar estate of DHL Worldwide Express founder Larry Hillblom.
 
A climate-change clash Top
A climate change challenge confronts the U.S. Supreme Court this month. And given the high stakes for business and the environment, the justices' typically "hot" bench may get even warmer when arguments in the complex case unfold.
 
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.
 
INADMISSIBLE Top
Remembering the Reagan assassination attempt; D.C. mayor's protest arrest; arguing the Fifth Amendment in the Wone case; no comment from Khuzami; Justice Breyer in 140 characters; Chisam back at Fragomen; the Biden connection; and Pozen at Stinson 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.
 
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.
 
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.
 

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Y! Alert: The Am Law Daily


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The Score: A Sacramento Lawyer Works to Save the Kings Top
Jeffrey Dorso, a partner at Sacramento firm Diepenbrock Harrison, is representing a group trying to prevent the NBA's Sacramento Kings from relocating to Anaheim. Plus: An ex-linebacker sues Greenberg Traurig, Stephen Susman's charity bike ride, and more on Barry Bonds and Frank McCourt in our weekly look at sports and the law.
 
Alleged Insider Trader Kluger Freed on $1 Million Bond Top
A federal judge on Friday ordered Matthew Kluger--the former associate at several Am Law 100 firms who is accused of being a key player in a $37 million insider-trading scheme--released on bail and confined to his Virginia home.
 
The Churn: Lateral Moves and Promotions in The Am Law 200 Top
Two partners join Baker & Daniels's Chicago office; K&L Gates bolsters two California offices; and Fragomen welcomes the former staff director and chief counsel for the House Committee on Ethics. The Churn is constant. Please send all announcements and news releases to thechurn@alm.com .  
 

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Y! Alert: Law.com - National Law Journal


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OPINION: Obama's U.N. Authority? Top
Only the elected representatives of Congress, not the U.N., can authorize the United States to use military force against another nation.
 
OPINION: When a bribe is not always a bribe Top
The shifting nature of modern bribery law means the once-clear identifying mark, the quid pro quo, may be cast aside.
 

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Y! Alert: Civil Law News RSS - The Recorder


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