Law Journal 2011-05-08 ~ lawyer,attorney,legal information
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Saturday, May 14, 2011

Y! Alert: The Am Law Daily


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The Score: Proskauer Advising on Astros Sale to Texas Businessman
Proskauer Rose is closing in on another major sports deal. The firm is advising on the proposed sale of the Houston Astros baseball team to Houston businessman James Crane. The Am Law Daily has more on Major League Baseball's ownership situations in Los Angeles and Tampa Bay.
 

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Friday, May 13, 2011

Y! Alert: Law Firms RSS - The Recorder


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Y! Alert: All News RSS - The Recorder


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Y! Alert: Law.com - Newswire


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The Careerist: A Lawyer, a Judge and a Law Student Compete for Dumb, Dumber and Dumbest Moves
Check out some of the latest posts on the Check out some of the latest posts on the lawjobs.com blog, The Careerist. A Lawyer, a Judge and a Law Student Compete for Dumb, Dumber and Dumbest Moves Also In Search of Lawyers at the Central Park Ladies Hat Luncheon Plus 'Mea Culpa,' Says King & Spalding D.C. Partner -- a Good Idea? Visit The Careerist
 

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Y! Alert: Government & Policy RSS - The Recorder


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Legislature to Begin Debate Over Bar Governance Top
Board member Jon Streeter objects to efforts to make the board appointed.
 
Governor's Legal Whiz Has Plenty of Competition Top
 
Bill Would Allow Represented Litigants to Be Deemed Vexatious Top
Modesto Republican Tom Berryhill says vexatious litigants bring lawyers in temporarily just to get around current restrictions
 
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.
 

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Y! Alert: Texas Lawyer


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Texas Wesleyan Grad Tops on February Bar Exam Top
For the first time in its 21-year history, Texas Wesleyan University School of Law can brag that one of its graduates, Daniel Denton, took the top score on the Texas bar exam. Denton not only earned the top score among the 1,150 people who sat for the February bar exam, he also graduated first in his class of 68 students in December 2010.
 
Commentary: 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, write Brad Harris and Ron Hedges. Such lack of specificity and consistent direction results in attorneys, both retained and inside counsel, being obligated to perhaps conform to a "lowest" or "highest" — depending on one's perspective — preservation standard.
 

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Partial Dismissal in Foley & Lardner Bias Suit Top
A federal judge in Michigan dismissed eight of nine counts in a discrimination and breach of contract lawsuit filed against Foley by a founding partner of the firm's Detroit office.
 
Deal Update: Senior Housing and Aussie Agribusiness Top
Mayer Brown and Aussie firm Allens Arthur Robinson are advising Cargill on its acquisition of an Agrium Inc. commodity management unit, while Dechert advised Ventas on a management agreement.
 
Covington Battling Over Summary Judgment in Discrimination Suit Top
A former staff attorney responds to the firm's motion for summary judgment on the remaining claims in a racial discrimination suit that she filed in 2009. 
 
The Careerist: Ladies Who Lunch Top
Can women lawyers pretend they're just one of the ladies who lunch? The Careerist goes to the famous Central Park Ladies Hat Luncheon to find out.
 

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Y! Alert: Civil Law News RSS - The Recorder


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Judge Junks Most of Privacy Suit Against Facebook Top
 
Federal Circuit Refuses to Dismiss Appeal After Tivo/EchoStar Settlement Top
 
Yahoo Beats Back Patent Claims in Texas' Eastern District Top
 
Bill Would Allow Represented Litigants to Be Deemed Vexatious Top
Modesto Republican Tom Berryhill says vexatious litigants bring lawyers in temporarily just to get around current restrictions
 
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.
 
Special Report: Litigation Top
The spring edition of The Recorder's litigation report focuses on best practices in various kinds of trial work.
 
State Justices Say First-Injury Rule Doesn't Bar Tobacco Suits Top
Justice Joyce Kennard said an earlier diagnosis of smoking-related illnesses doesn't preclude suit for a later-diagnosed disease.
 
Supreme Court Takes Hard Line on Standing in Plastic Bag Case Top
 
Supreme Court May Take Hard Line in Public Corruption Case Top
 
Circuit Won't Slam Door on Gun Ban Suit Top
 

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Y! Alert: NYLJ.com


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Richard Green (Fine Paintings) v. McClendon Top
Woman Loses Breach Suit Over $4.2 Million Painting; E-Mails Satisfied Statute of Frauds
 
On Videos, Experts, Other Rulings You May Have Missed Top
In his Products Liability column, Michael Hoenig, a member of Herzfeld & Rubin, writes: Often, the actual gleaning is not new but a good reminder nonetheless. Sometimes a new twist on an old theme is presented yielding a double reward: reminding on the old theme; educating on the new twist.
 
New IRS Procedures Help Distressed Taxpayers Top
In his Tax Tips column, Sidney Kess, of counsel at Kostelanetz & Fink and a CPA, analyzes the IRS' changes to its lien process and other actions that can help taxpayers and business owners trying to work their way out of financial and tax difficulties.
 
Replacement Ticket Is Far Cry From Jackpot for Elderly Woman Top
 
Inmate's Suit Against Brafman for Fraud, Deceit Is Dismissed Top
 
Court Children's Centers Scramble for Resources to Stay Open Top
 
News In Brief Top
 
LimeWire, Recording Companies Agree to Settlement Top
LimeWire, the defunct file sharing service, on Thursday agreed to a $105 million settlement with recording companies over infringement of music copyrights.
 
Siegel Consultants Ltd. v. Nokia Inc. Top
'Irrebutable Presumption' to Disqualify Does Not Arise Absent Attorney-Client Relationship
 
Chen v. Yeung Top
Entire Controversy Doctrine Grants Movants Vacatur of Default Judgment in New York
 
LFJ Realty Co v. Bank of New York Top
Leave to Amend Complaint to Add Allegation Of Vicarious Liability Against BNY, Trust Granted
 
Kiblitsky v. Lutheran Medical Center Top
Physician's Cause of Action For Compelled Self-Defamation Dismissed Against Employer
 
Dobson v. Saal Top
Court Rules Kelly Blue Book Admissible Into Evidence to Establish Vehicle's Value
 
MM v AM Top
Mother Found Unfit to Be Custodial Parent; Father Awarded Permanent Sole Custody
 
United States v. Mungin Top
Court Rejects Claim Amendment 591 Requires 40 Year Term's Reduction to 87 to 109 Months
 
Capsolas v. Pasta Resources Inc. Top
Uniform Policy Inferred From Restaurants' Common Ownership; FLSA Class Suit Certified
 
Fertig v. HRA Medical Assistance Program Top
Suit Precluded by Prior State Action; Pre-2007 Interracial Marriage Bias Claims Time Barred
 
Mint Inc. v. Amad Top
Vendor's 'Knock-Off' Spice Shakers Infringed Copyright, Warrant Preliminary Injunction
 
Nanomedicon LLC v. The Research Fdn. of the State Univ. of New York Top
Patent Licensee's Complaint Neither Relied On Nor Raised Patent Law Issues; Suit Remanded
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Highway Contractor Liability for Motor Vehicle Accidents Top
Martin H. Weisfuse, senior partner at Weisfuse & Weisfuse, writes: Contractors can be liable for motor vehicle accidents caused by dangerous conditions which they create on the highway. Unlike the state or city, which owns the highway, contractors do not have a nondelegable duty of care to the victims of such accidents. The rules governing contractor liability require proof that the contractor "launched an instrument of harm" or undertook all safety obligations.
 

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Y! Alert: National Law Journal


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Way smoothed for disability claims Top
Across the country, labor and employment lawyers are scrambling to prepare their clients to comply with pending changes to the Americans With Disabilities Act.
 
SEC weighing how to reward tipsters Top
The U.S. Securities and Exchange Commission has created a guessing game for lawyers who work on all sides of corporate misconduct complaints.
 
Defenders strike out in FCPA cases Top
Amid a U.S. Department of Justice crackdown on individuals and corporations accused of paying bribes to foreign officials to secure business, the prospect of jail time has pressured defense attorneys to fight back.
 
Getting SLAPPed Top
In November, Washington became the latest jurisdiction to adopt an anti-SLAPP law; the statute went into effect on March 31.
 
Feds say D.C. lawyer needs ethics lesson Top
Defense attorney Charles Daum has been indicted on several charges, including witness tampering and perjury. But did he really risk his career on a routine drug prosecution?
 
THE NLJ 250: The Ohio Players Top
Roetzel & Andress reigns supreme in the one-time "Rubber Capital of the World." But the firm has discovered life outside Akron — and it likes it.
 
THE NLJ 250: Golden State Warriors Top
Despite the recession and a municipal client's corruption scandal, Riverside, Calif.'s Best Best & Krieger is growing again.
 
The New Blood Top
The National Law Journal talks with eight firms that entered the NLJ 250 this year. What factors are driving their growth?
 
THE PRACTICE: When jurors rely on extraneous information Top
If a juror presents the type of evidence that would require an expert at trial, it's extraneous and may be ground for new trial.
 
OPINION: Federal habeas corpus & actual innocence Top
As shown in the Jeffrey MacDonald case, a shake-up of the federal post-conviction system is long overdue.
 
THE CONNECTED LAWYER: Build a brand for every attorney Top
For years, law firms have thrived based on the efforts of a few, very well-connected, rainmakers. This was true in large firms and small firms alike. Why can't firm managers adopt a strategy that reflects this fact?
 
OPINION: The gutting of habeas for state defendants Top
In the 15 years since Clinton signed the Antiterrorism and Effective Death Penalty Act, the writ has been eviscerated.
 
THE NLJ 250 Top
Our annual survey of the nation's largest law firms shows that Big Law continued to shed lawyers at a brisk clip in 2010. Nearly 2,900 fewer lawyers worked for the 250 top firms last year. That's in addition to the approximately 6,600 attorneys who departed in 2009. In the 34 years the NLJ has been surveying large firms to gather headcount numbers, there have never been multiyear declines of this magnitude.
 

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Y! Alert: National Law Journal - Washington


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Getting SLAPPed Top
In November, Washington became the latest jurisdiction to adopt an anti-SLAPP law; the statute went into effect on March 31.
 
Feds say D.C. lawyer needs ethics lesson Top
Defense attorney Charles Daum has been indicted on several charges, including witness tampering and perjury. But did he really risk his career on a routine drug prosecution?
 
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.
 
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.
 
INADMISSIBLE Top
Are you ready for some football; Raj may have Akin to appeal, maybe; 38-year-old litigation for Old Dominion; Weingarten wins; salary a sticking point for Luttig; DOJ to investigate a paltry chicken deal; and Freedom Watch de-friends Facebook in this week's column.
 
At long last, government case against Microsoft has ended Top
Nearly 10 years after Microsoft Corp. signed an agreement with the government to resolve antitrust charges against it, the company is free of federal oversight.
 
Federal Circuit refuses to dismiss appeal after TiVo/EchoStar settlement Top
The U.S. Court of Appeals for the Federal Circuit has denied TiVo Inc. and EchoStar Corp.'s joint bid to dismiss an appeal after the parties reached a $500 million settlement of a suit initially brought by Tivo in 2004.
 
Chicago wants appeals court to shoot down legal fee request Top
Lawyers for the city of Chicago maintain the plaintiffs' attorneys in the gun rights case that reached the U.S. Supreme Court should not be awarded legal fees because the city voluntarily repealed its handgun ban before any final judgment was issued.
 
COURTSIDE: Stevens criticizes 'Connick' ruling Top
It is rare but not unheard of for retired justices to comment critically about the Court's work, especially about a specific recent decision. But it seems in keeping with how the 91-year-old Stevens plans to spend his retirement, speaking out on issues of the day and, as he recently revealed, writing a book.
 
In sovereign immunity case, states win again Top
The Supreme Court on Wednesday ruled that states may not be sued for money damages under a federal law protecting the religious freedom of prisoners.
 
Justices give global warming case a chilly reception Top
Seven of the eight justices participating in oral arguments in the case of American Electric Power v. Connecticut offered comments or questions that appeared critical of the scope or concept of a suit against major utilities that claims their output of greenhouse gases is a public nuisance under federal common law.
 
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.
 
Clash over Court renovation Top
A confrontation between the construction company doing the work and the government agency that oversees the project is largely over claims that the Court's insistence on quiet and decorum during the project caused millions of dollars in extra labor costs and delay.
 
In Shabazz saga, a $2,500 coda Top
Malik Zulu Shabazz, chairman of the New Black Panther Party, is continuing his push for attorney fees over a subpoena issued during an investigation into accusations of voter intimidation during the 2008 election.
 

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