Law Journal 2011-05-01 ~ lawyer,attorney,legal information
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Saturday, May 7, 2011

Y! Alert: Texas Lawyer


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Governor Declares Loser-Pays Bill an Emergency; House to Debate Saturday Top
The Texas House plans to debate on Saturday an omnibus civil justice reform bill that includes loser-pays and meritless-suit dismissal provisions, after Gov. Rick Perry declared the bill an emergency on Thursday night. The bill is now on the House's emergency calendar after debate came to a screeching halt Thursday, because Democrats alleged procedural points of order to try to derail the bill.
 
Commentary: Diversity — Get in the Game Top
When Kathleen J. Wu is not being a lawyer, she watches tennis. As vice chairwoman of the United States Tennis Association's national committee on diversity and inclusion, her job is to get more Asian-Americans to play tennis. While she tries to find ways to attract more minorities to the game, she sees a parallel question about how firms can attract more minorities of every kind.
 
Case Summaries Top
The following state and federal court opinions were issued from April 13 to April 21. Practice areas addressed in these cases include business law, civil practice, contracts, employment law, family law, government and insurance law, among others. Subscribers have access to the full text of these opinions online and can receive Texas Lawyer's Daily Case Alert, which includes the very latest opinions issued by state and federal appellate courts in Texas. To sign up to receive the Daily Case Alert in your inbox each day, click here.
 
Commentary: The Art of Persuasion — Three Factors to Consider Top
Persuasion is a process that enables one to change or reinforce others' attitudes, opinions or behaviors, according to the book "The Essentials of Power, Influence and Persuasion." Those who seek to persuade primarily focus on four critical areas: credibility, common ground, supporting information and a deep understanding of emotion, write Lisa Blue Baron and Robert B. Hirschhorn.
 
Discipline Top
A Travis County lawyer has been suspended for two years, a Temple lawyer has resigned in lieu of discipline, and a Nueces County lawyer has been placed of probation.
 
Newsmakers Top
 
To Find Out What Clients Think, Ask Them Top
Debra Bruce says that when she asks attorneys whether they ever request feedback, many shrink back in horror. They are afraid to hear what the client will say. If they don't know about client complaints, how can they fix the situation? They could be on the verge of losing a client, or missing out on potential referrals, because of something within their ability to address, she says.
 
In Search of Consistent Rules Governing ESI Top
By now the names are all too familiar: Pension Committee , Rimkus , Victor Stanley II and Orbit One . A raft of opinions in the U.S. courts throughout 2010 and beyond highlight the uncertainty and growing risk associated with the lack of uniformity around preservation practices in the Information Age.
 

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Y! Alert: Law Firms RSS - The Recorder


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Trolling for Clients Top
Karen Boyd's six-lawyer firm is among the boutiques getting a lift from the wave of patent suits by so-called nonpracticing entities.
 
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: The American Lawyer


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THE AM LAW 100 2011 How the Firms Stack Up
Some of this year's Am Law 100 metrics, such as gross revenue, PPP, and revenue per lawyer, are straightforward. And because they are easy to comprehend in a list, they get a lion's share of the attention. Other metrics are equally powerful but less-often cited; they lend themselves to a different sort of presentation. Here are four of them.
 

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Y! Alert: Law.com - Newswire


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U.S. Legal Industry Adds 1,500 Jobs in April Top
The legal industry reversed a losing streak in April by adding 1,500 jobs after two straight months of decline, the Bureau of Labor Statistics' monthly employment report shows.
 
Report: Demand for Legal Services Rising Slowly Top
Demand for legal services rose 2.1 percent in the first quarter of 2011 compared to the same period last year, according to a new report. The increase marks the second straight quarter of growth.
 
They Want Theirs: Tech Employees File Suit in Wake of Antitrust Pact Top
The Justice Department said "game over" last year to several high-tech companies engaged in anti-competitive hiring. Now, employees hurt by those practices are seeking restitution for lost compensation and want the companies to pay up.
 
Bryan Cave, Holland & Knight Hit With Suits in Bankruptcy Court Top
Bankruptcy trustees for mortgage loan broker Estate Financial and an affiliate are suing Bryan Cave for malpractice. Meanwhile, bankrupt Industrial Enterprises of America has slapped Holland & Knight with a civil complaint.
 
Next front in health battle Top
Over the next month, federal appeals courts are set to hear four cases involving litigation over the new health care reform law. The 4th Circuit is the first arena, with two cases scheduled for separate arguments Tuesday.
 
State Justices Say First-Injury Rule Doesn't Bar Tobacco Suits Top
The California Supreme Court has ruled that the statute of limitations doesn't run out on smokers' claims against tobacco companies if a later-discovered disease is "separate and distinct" from earlier ones.
 
Virginia Bar Reprimands Ex-DOJ Official Goodling Top
In the latest fallout from battles that led to the resignation of then-Attorney General Alberto Gonzales, the Virginia Bar has reprimanded Monica Goodling for her role in mixing politics and hiring decisions during the George W. Bush administration.
 
Judge Dismisses Most of Sexual Harassment Suit Against Law Firm Top
An alleged romantic affair between a name partner and a firm lawyer did not create a "hostile work environment" for a paralegal, a federal judge has ruled. However, the paralegal has won a ruling that allows her to proceed with a retaliation claim.
 
Former S&C Partner Gets Settlement in BDO Malpractice Case Top
On the eve of retrial of a case that produced the largest auditing malpractice verdict ever, BDO USA has agreed to a confidential settlement with Banco Espirito Santo, which had accused BDO of negligent audits of its affiliate E.S. Bankest.
 
Federal Circuit affirms rejection of reissue application for violating 'recapture' rule Top
A recent Federal Circuit ruling offers guidance on the patent application reissue process, which gives patent owners a two-year window to broaden patent claims after the patent issues.
 
In A Flurry of Filings, Defense Bar Rushes To Seize on Concepcion Arbitration Ruling Top
Not even two weeks have passed since the Supreme Court handed down its decision in AT&T Mobility v. Concepcion. But for defense lawyers, that's been enough time for them to seize on it and try to force lawsuits into arbitration.
 
Bratz Post-Trial: MGA Seeks Attorneys' Fees From Mattel and Exemplary Damages; Mattel Asks for New Trial Top
The battle between Mattel and MGA Entertainment over the Bratz doll has been a bitter one. Not surprisingly, the tone of post-trial motions -- which include an MGA request for attorney fees from Mattel, plus exemplary damages -- continues in that vein.
 

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Y! Alert: The Am Law Daily


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Legal Industry Adds 1,500 Jobs in April
The legal sector in the U.S. added 1,500 jobs last month, after two straight months of decline, according to the latest monthly employment figures released by the Bureau of Labor Statistics.
 

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Y! Alert: Legal Blog Watch


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The Day's Three Burning Legal Questions Top
Here are today's three burning legal questions, along with the answers provided by the blogosphere. 1) Question: I've been offered a job in a plant making computer and telephone equipment. It seems like a great opportunity, but why is the employer requiring me to sign a pledge promising not to kill myself and stating I will "treasure my life"? Answer: Careful! Some of these plants supposedly work their employees "inhumanely, like machines." Perhaps the "no suicide" pledge is a red flag? (Consumerist, Chinese iPad Workers Forced To Sign "No Suicide" Pledge) 2) Question: All I said in front of the police officer was "get him." How can I be convicted for "intimidating an officer"? What about the First Amendment? Answer: Valid point, but remember that if your words immediately incite an attack on the officer by your dog, you would not have a defense under the First Amendment. (UNDERDOG, D.C. Ct. App.: Words that incite a dog's attack are not First-Amendment protected) 3) Question: We've been practicing for months for this dog show. Why is my dog so lethargic and out-of-it today? Answer: You might want to check your dog's food bowl. Sometimes competing owners will slip drugs into the...
 
Using Social Media to Support Navy SEALs ... Pass It On! Top
Bradley Shear, an attorney in Washington, D.C., who writes the excellent Shear on Social Media Law blog, is trying to use social media in a different way this week. On the heels of the historic mission by the U.S. Navy SEa Air Land (SEAL) team that killed al-Qaida leader Osama bin Laden, Shear wishes to draw attention to the Navy SEAL Foundation. The Navy SEAL Foundation's mission is to "provide educational and motivational support, promote health and welfare programs for the Naval Special Warfare Community, and perpetuate the history and heritage of the U.S. Naval Commandos." Specifically, it describes its role as including the following: We provide tragedy assistance for families who have lost a loved one in training or combat. We support family events to uphold morale and camaraderie. We award scholarships and provide educational assistance to active duty personnel, their spouses, and children. As Shear notes, "the brave men and women who worked tirelessly day in and day out tracking down public enemy number #1 are our neighbors next door, our friends around the corner, and the people whom we see at the mall and ballpark. They may even be our professors and/or mentors." Through the Navy SEAL...
 

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Friday, May 6, 2011

Y! Alert: lawjobs.com News And Views


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Congress Needs Law Clerks, Say Educators Top
While federal courts offer clerkships and the executive branch offers prestigious fellowships, Congress -- the body tasked with creating laws -- has no formal program to place newly minted lawyers in the offices of committees and lawmakers. Legal educators, law students and politicians met recently to discuss how to fill that gap.
 
London Partners Overwhelmingly Say Law Practice Has Become More Stressful Top
 
Budget Cuts Force Suspension of Program for Lawyers Facing Drug, Alcohol Abuse Top
The New York State Lawyer Assistance Trust, which has, for the past 10 years, helped lawyers cope with alcohol and drug abuse problems, has suspended operations due to the state court system eliminating its funding. The trust's website says to check back in April 2012 to see if the program has been re-activated.
 
Hiring Picks Up at Conn. Law Firms Top
Among the signs of change this spring: Some law firms are hiring again. One law firm partner goes so far as to say that, for her practice and personal life, "for the last six months the recession is over, completely over." Does this mean the economy is finally getting out of the deep freeze?
 
California Boutiques Capture Corner of the China Trade Top
Small law firms are carving out a share of the China market by catering to a burgeoning clientele of small and midsize enterprises. Many of the boutiques get business because of their lawyers' personal backgrounds in Asia or relationships they have established there.
 
Miller & Chevalier's ITC Group Leaves to Launch Own Firm Top
Four lawyers who are well-known for their expertise in handling IP disputes before the International Trade Commission have left Miller & Chevalier to launch their own firm in Washington, D.C. The reason they left Miller & Chevalier was simple, says F. David Foster: conflicts.
 
Slaughter and May Provides Modest Increases of Associate Salaries Top
London-based Slaughter and May marginally increased associate salaries this month, by 1.5 percent to 3 percent. The modest increase follows small rises made to the firm's pay bands in November. Salary rates for trainees and newly-qualified lawyers remain unchanged.
 
A Step-by-Step Interview Guide for Law Students Top
When it comes to job interviews, law students can best ready themselves by taking a thoughtful, step-by-step approach, says Donna Manion, legal recruiting manager in DLA Piper's New York office. She provides tips to help guide students through the entire interview process.
 
Blank Rome Adds Life Sciences Lawyer From Cozen O'Connor Top
Blank Rome has grabbed Cozen O'Connor's life sciences practice group chairman to serve as vice chairman of its life sciences industry team. Monday was Terry M. Henry's first day at Blank Rome in Philadelphia, where he is now a partner in the firm's products liability, mass torts and insurance group.
 
New Attorney Networking Group Focuses on GLBT Community Top
The Connecticut Alliance for Business Opportunities, which includes gay, lesbian, bisexual and transgender members as well as allies, seeks to both grow businesses and promote equality at the same time. And now, a new lawyers group has formed within CABO to network and share referrals.
 
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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Next front in health battle Top
Like toy soldiers standing on a carpeted battlefield, an array of groups and individuals has taken sides for the next front in the litigation assault on the new health care reform law.
 
In bin Laden killing, legal clarity Top
A light haze may have descended over a few segments of the narrative surrounding bin Laden's death, but the Obama administration is clear on this point: Killing Osama bin Laden was legal, and the methods employed to do so were lawful, too.
 
Toyota dealers tell their tales Top
Lawyers in nearly 100 lawsuits against Toyota Motor Corp. in California are getting one step closer to trial, with deliberations underway about which case should go first and depositions set to begin of dealers who sold allegedly defective vehicles.
 
A break in the blockade Top
The activists who closely follow judicial nominations have for months pondered a big question: Could the Republicans' increased numbers in the U.S. Senate succeed in blocking some of President Barack Obama's nominees? Last week, they got the beginning of an answer.
 
D.C. divorce lawyer, Nobel laureate feud Top
Washington divorce attorney Rita Bank has been litigating unhappy break-ups for more than a quarter-century. But next month, the family law heavyweight will find herself in court over an unamicable split with a renowned former client.
 
INTELLECTUAL PROPERTY: A SPECIAL REPORT Top
From the courts to the halls of Congress, our latest special report delves deep into the latest developments in intellectual property law — including an examination of the controversial joint infringement rulings that have divided the Federal Circuit, a look at a case that could restore copyrights to foreign works and how reform legislation could shake up challenges to new patents.
 
THE PRACTICE: En banc review has declined during the past decade Top
Trend has troubling implications, since en banc review is usually only option for reconsidering major circuit panel rulings.
 
OPINION: Too late to save the legal profession? Top
Rather than steering by the light of the sanctity of the "rule of law," firms today set their sights on profits for partners.
 
IN-HOUSE COUNSEL: What value do in-house lawyers produce? Top
Nine propositions should provoke discussion about what value means in a corporate legal department.
 

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Y! Alert: Court News RSS - The Recorder


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Ninth Circuit Judge Thomas Nelson, 1936-2011 Top
 
Capital Accounts: Where's the 7th District? Nowhere, Yet. Top
 
Obama Taps Gonzalez Rogers for Walker's Seat Top
 
Amended Trial Court Rights Act Clears Judiciary Committee Top
Charles Calderon's AB 1208 passes by a 7-2 vote, with new language that appears to give considerable power to Los Angeles Superior Court.
 
Trial Court Rights Act Gets Last-Minute Rewrite Top
 
Governor Still Mum on Supreme Court Vacancy Top
Latino groups are lobbying Jerry Brown to name a Latino to the state's high court.
 
Cantil-Sakauye Delivers Fiery Attack on Trial Courts Bill Top
 
Trial Court Rights Act Pulled From Committee Top
 
Prop 8 Backers Say Walker Should Have Disclosed Sexual Orientation Top
The former judge's acknowledgement earlier this month that he's gay and in a long term relationship prompts a motion to vacate his judgment.
 
California Judges Doing Their Homework, Report Says Top
 

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Y! Alert: Government & Policy RSS - The Recorder


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Annemarie Conroy Brings Connections to U.S. Attorney's Office Top
 
Capital Accounts: Where's the 7th District? Nowhere, Yet. Top
 
Over Protest, Bar Task Force Says Structural Changes Aren't Needed Top
 
Amended Trial Court Rights Act Clears Judiciary Committee Top
Charles Calderon's AB 1208 passes by a 7-2 vote, with new language that appears to give considerable power to Los Angeles Superior Court.
 
Trial Court Rights Act Gets Last-Minute Rewrite Top
 
Governor Still Mum on Supreme Court Vacancy Top
Latino groups are lobbying Jerry Brown to name a Latino to the state's high court.
 
Plaintifffs Don't See Easy Way Around AT&T Ruling Top
Senate Judiciary Chairwoman Noreen Evans said to expect a bill soon, but trial lawyers aren't optimistic.
 
Cantil-Sakauye Delivers Fiery Attack on Trial Courts Bill Top
 
Trial Court Rights Act Pulled From Committee Top
 
Clement Leaves King & Spalding to Continue Same-Sex Marriage Litigation Top
 

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Y! Alert: People RSS - The Recorder


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