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Friday, July 29, 2011

Y! Alert: lawjobs.com News And Views


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Former N.D. Attorney General Sues Law School Alleging Age Bias in Hiring Top
Nicholas Spaeth, the former state attorney general for North Dakota, filed suit Thursday in federal court against the Michigan State University College of Law, accusing school officials of refusing to consider him for a teaching job because of his age and hiring younger applicants with far less experience.
 
Law Grad Declared Vexatious Litigant After Third Suit Against Lawyers, Firm Top
A Texas appeals court has upheld a trial court's order declaring law school graduate Kristofer Kastner a vexatious litigant, after he repeatedly sued two lawyers and a firm who represented him in a Texas Board of Law Examiners hearing over his withheld law license.
 
Job Offers to Summer Associates Fell by One-Third From 2009 to 2010 Top
The American Lawyer's Summer Hiring Survey shows that large law firms extended 33 percent fewer job offers to their summer associates last year than the year before -- a drop partially explained by the fact that summer classes were down across the board.
 
Fla. Law School to Host Innovative White-Collar 'Boot Camp' for Lawyers Top
Florida's Stetson University College of Law, known for having a top trial advocacy program, is teaming up with the National Association of Criminal Defense Lawyers to launch a series of "boot camp" programs for lawyers. The programs will be the first of their kind, according to Stetson.
 
5 LinkedIn Tips That Lawyers May Not Know Top
The most recent BTI Consulting report shows that 70 percent of corporate counsel use LinkedIn as a tool, and half rely on it, notes attorney Adrian Dayton. He provides five tips to help lawyers get the most out of LinkedIn's marketing opportunities.
 
Ashurst to Extend Flextime Options for Equity Partners Top
London-based Ashurst has rolled out a new flexible work scheme for equity partners, intended to make it easier for them to work part time without hindering their progress through the lockstep compensation system. One of the motivating factors for the new policy is a desire to retain more women partners.
 
Fulbright & Jaworski Picks Up Houston IP Boutique Top
Fulbright & Jaworski has announced a merger with Houston intellectual property boutique Slusser Wilson & Partridge, an addition that will increase Fulbright's expertise and personnel as it represents more plaintiffs in intellectual property cases.
 
New Book Gives Inside View of Mark Lanier's Vioxx Trial Work Top
Snigdha Prakash, the author of a new book about a 2007 Vioxx trial, had a unique perspective, as she was embedded on plaintiffs lawyer Mark Lanier's legal team. Lanier admits "All the Justice Money Can Buy: Corporate Greed on Trial" isn't always flattering to him, but says it's a good primer on trial work.
 
The Rodent: Can We Ever Have Too Many Lawyers? Top
A recent study quantifying the surplus of lawyers has led the Rodent to wonder just how many lawyers we need. While currently employed lawyers may say, "no more," the Rodent says Americans' ability to generate exciting and creative litigation simply cannot be underestimated.
 
Legal Recruiter Responds to BigLaw Attorney's Fraud Suit Top
A legal recruiter sued by a lawyer she recruited to Patton Boggs has filed an answer denying the suit's allegations and stating the pair "never entered into any agreements that imposed obligations on all parties." Recruiter Diane Caldwell's lawyer says Caldwell is "really flabbergasted" at the allegations.
 
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: All News RSS - The Recorder


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Project Finance Attorney Friley Returns to MoFo Top
 
Why Brown Chose Liu Top
The governor thinks the Supreme Court has lost its cutting edge, and is betting that the Berkeley Law professor can bring back that Roger Traynor feeling.
 
Gender Identity Disputes Add New Twist to Custody Cases Top
 
Capital Accounts: Judicial Watchdog Sniffing Around One Court's Generous Perks Top
 
Letter to the Editor: 'Briggs' Was Not the First School Desegregation Case Top
 
Viewpoint: Why Civil Gideon Won't Work Top
 
Viewpoint: The 'Sport' of Major League Eating Will Put Food on the Table for Lawyers 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.
 
Viewpoint: BAR-ometer Top
Sweet consolation prize for Goodwin Liu ... Sorry, Latinos, African-Americans and Angelenos ... Interesting times for Jon Streeter
 
Judge Knocks Circumcision Ban Off S.F. Ballot Top
Judge Loretta Giorgi says state law pre-empts local bans on such procedures.
 

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Y! Alert: NJLJ.com


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Condo Complexes Not Liable for Failure To Plow Public Sidewalks, Court Says Top
Sidewalks in front of condominium buildings on city streets look just like those in front of businesses, but there's no corresponding obligation to keep them clear of snow, a divided state Supreme Court rules.
 
Bankruptcy Court Launches Forum To Avoid Foreclosures Top
A new program debuting Monday in New Jersey's U.S. bankruptcy Court is aimed at helping debtors and mortgage lenders find common ground to avert foreclosure.
 
No Personal-Use Defense To Growing Marijuana, N.J. Appeals Court Holds Top
A New Jersey appeals court finds there is no personal-use defense to a charge of illegal growing of marijuana, not even for medical use.
 
Hedonic Damages Claim on Behalf of Comatose Inmate Can Go Forward Top
The estate of a suicidal inmate who was wrongly moved into the general population where he hanged himself, went into a coma and soon thereafter died may pursue damages for his loss of enjoyment of life, a federal judge rules.
 
Christie Is Sued for Info About Summit With Ailes Discussing Presidential Run Top
Gossip website Gawker, with the aid of the ACLU-NJ, is suing Gov. Chris Christie over his refusal to make public alleged communications with Fox News Channel president Roger Ailes over a possible run for the presidency in 2012.
 
B2B Consumer Fraud Act Award Is Overturned Due to Errors Below Top
The state Supreme Court on Monday struck down a Consumer Fraud Act award to a commercial entity, though stopping short of saying the act can never apply in the context of business-to-business transactions.
 
Appeals Court Gives a Lesson on Need To Put Fee-Sharing Deals in Writing Top
Rule of Professional Conduct 1.5 'does not contemplate an avoidance of its requirements by happenstance at the end of the services performed,' the Appellate Division rules.
 
Ch. 7 Trustee Sues Debtor's Lawyer, Alleging He Botched State Court Suit Top
A Somerville lawyer is fighting a malpractice suit claiming he failed to inform a client that an employment-bias case had been thrown out 10 years earlier and, after the client filed for bankruptcy, blocked a Chapter 7 trustee's efforts to find out the status of the case.
 
Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company Top
The former in-house counsel for a scandal-ridden investment company who made phony deductions on his income taxes and made false statements to federal investigators has been suspended from practice for two years.
 
Lesniak Takes on U.S. Senators in Effort To Bring Web Gambling to N.J. Top
State Sen. Raymond Lesniak, whose intrastate online gambling bill was vetoed, says he will take another crack at the legislation — and federal authorities should not get in the way.
 
Report Says Securities Class Actions Dip Due to Fewer Credit-Related Suits Top
Fewer federal securities class actions were filed in the first half of 2011 than in the previous six months, largely due to a decline in suits related to the credit crisis, according to a new report.
 
Domestic Violence Restraining Order Reversed Due to Evidentiary Flubs Top
Judges hearing domestic violence cases should exercise caution when admitting evidence of prior acts that are not in the original complaint, lest they risk violating due process, the state Supreme Court rules.
 
Justices To Decide Whether Wife Can Be Mother to Spouse's Surrogate Child Top
The state Supreme Court has agreed to review the denial of a woman's request to be recognized as the mother of her husband's biological child, born by way of a surrogate mother, without recourse to adoption.
 

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Y! Alert: Civil Law News RSS - The Recorder


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Y! Alert: Court News RSS - The Recorder


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Judicial Watchdog Sniffing Around One Court's Generous Perks Top
 
Brown Disappoints Some Latinos with Choice of Liu for Supreme Court Top
The Berkeley Law professor would be the fourth Asian-American on a court without a Latino or African-American -- or any Southern Californians.
 
Judicial Council Backs Plan for Budget Allocations Top
 
Budget Cuts a New Blow to Bench Prestige Top
Drastic measures in San Francisco could spur retirements and make the job less attractive to high-quality applicants from civil practice.
 
Gay Lawyer Nominated to Federal Bench in L.A. Top
 
Lawyers See Crisis in S.F. Civil Court Closures Top
BASF's Kelly Dermody is pulling together a group to study ways to reverse the budget-driven decision that took many by surprise.
 
Branch Has No Master Plan for Dealing With New Cuts Top
 
Budget Deal Delivers Double Blow to Courts Top
Governor's pact includes $150 million cut, plus a $300 million dip into court construction funds.
 
High Court Shoots Down Video Game Ban Top
In a 7-2 ruling backing the Ninth Circuit, Antonin Scalia said "disgust is not a valid basis for restricting expression."
 
Audit Faults S.F. Court's Cost Controls Top
 

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Y! Alert: National Law Journal - Washington


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Top British law firms navigating D.C. waters Top
Two more British giants appear to be dipping their toes in the Potomac, hoping that they can leverage their global client base to build Washington-based regulatory practices.
 
For Chinese-Americans, a chance for an apology Top
Covington & Burling's Martin Gold is leading an effort to pressure Congress to approve resolutions expressing regret for passing laws that discriminated against the Chinese.
 
Anita Hill lands new D.C. job Top
As the 20th anniversary approaches of one of the most polarizing U.S. Supreme Court confirmation sessions in recent times, Anita Hill, who accused Clarence Thomas of sexual harassment, is back with a law firm in Washington.
 
Congress examines federal role in marriage laws Top
For the first time since Congress voted in 1996 to define marriage as between a man and a woman, a congressional committee on Wednesday looked at reversing that action.
 
INADMISSIBLE Top
A farewell to Luckern; throwing names into the AG ring; the Blackwater battle continues; David Fuss knows the secret to survivin'; Harry Thomas Jr. hires the heavyweights; sweating for a good cause; and Mike Lee's balanced-budget book in this week's column.
 
Judicial nominee stalls after Kansas senator's flip Top
President Barack Obama's choice for a spot on a federal appeals court is getting bottled up in committee, after one of the nominee's home-state senators apparently reversed his initial support.
 
Arizona judicial nominee put on fast track Top
U.S. Magistrate Judge Jennifer Zipps appeared on Wednesday for her confirmation hearing before the Senate Judiciary Committee. The hearing came five weeks after President Barack Obama nominated Zipps — a faster schedule than senators have been following for other recent judicial nominees.
 
Senate committee backs nominee for 2nd Circuit Top
Judge Christopher Droney's nomination moves ahead to the full Senate after a voice vote by the committee. He is Obama's second nominee for a Connecticut-based seat on the appeals court previously held by Senior Judge Guido Calabresi.
 
COURTSIDE: Newest justices join cert pool Top
 
Roberts Court extends line of permissive First Amendment rulings in video game case Top
Just how conservative or pro-business the Roberts Court is continues to generate debate. But on one subject, the trend line is undeniable: a strong majority favors classic First Amendment protection for even the most objectionable speech.
 
For business, a big week at Court Top
Justices curtail employment class actions, as well as climate-change and generic-drug suits.
 
A question of contempt Top
Prosecutors in the Ted Stevens case want the U.S. Court of Appeals for the D.C. Circuit to strike down Judge Emmet Sullivan's contempt ruling. Their lawyers call the judge's finding flawed and said it could potentially harm their careers.
 
Mistrial result of blunder, experts agree Top
The sudden collapse of the Clemens prosecution was an embarrassment for the government, and observers were left wondering how the prosecution team could slip up in a case that has consumed significant resources and generated national scrutiny.
 
A shift to magistrate judges Top
In 2010, a civil case in U.S. District Court for the District of Columbia lasted on average about eight months, from filing to disposition. Not bad, considering the national average is about the same time, but Chief Judge Royce Lamberth wants to speed things up.
 

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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
 
TV Channel Bundling, Advertising Inserts and Drugs Top
In his Antitrust column, Cahill Gordon & Reindel partner Elai Katz reviews a Ninth Circuit decision that that consumers challenging the sale of cable and satellite television channels in bundled, multi-channel packages rather than individually did not state an antitrust claim, a Third Circuit ruling that a hospital could not bring tying claims against a drug-maker because the hospital bought the pharmaceuticals from an independent wholesaler, and more.
 
Juveniles And 'Miranda' Warnings Top
Andrew Schepard, professor of law and director of the Center for Children, Families and the Law at Hofstra Law School, summarizes the facts and opinions in 'J.D.B. v. North Carolina,' where the U.S. Supreme Court held that police must take a suspect's age into account in evaluating whether to give 'Miranda' warnings before questioning begins and speculates about its impact on constitutional protections for juvenile defendants.
 
Albany: Murder Conviction That Was Based on Circumstantial Evidence Upheld Top
 
Panel Finds Suit Should Be Heard by School's Chief, Not the Court Top
 
Davis Polk Pro Bono Counsel Nominated for Federal Bench Top
 
Trustee Says Almost Half of Madoff Losses Recovered Top
 
Judge Sides With Marvel in 'Spider-Man' Dispute Top
 
Defendant Not Persistent Felony Offender, Judge Says Top
 
Judge Finds It 'Entirely Plausible' Lehman's Officers Misled Investors, Permits Class Action to Proceed Top
 
Q&A: Janet DiFiore Top
 
Emotions Run High in Town Hall Meeting to Explain 9/11 Fund Top
 
Wesley v. Smith-Lasofsky Top
Parties Granted Dissolution of Same-Sex Civil Union; Defendant Has No Obligation to Child
 
Matter of City of New York v. Bd. of Collective Bargaining of City of New York Top
As Prevailing Party, Union Is Granted Costs But Loses Bid for Sanctions Against City, DOT
 
General Motors Acceptance Corp. v. NY Central Mut. Fire Ins. Co. Top
Motion to Strike Answer Denied; Preclusion Order Granted Unless Documents Disclosed
 
Breytman v. Schechter Top
Attorney's Fee, Personal Sanctions Directed Against Client for Frivolous Conduct
 
People v. DiPretoro Top
Accusatory Instrument Facially Insufficient, Fails to Corroborate Element of DUI Charge
 
People v. Smith Top
'Substantial Pain' May Be Inferred Without Testimony; Dismissal of Assault Charge Denied
 
Kennedy v. New York Presbyterian Hospital Top
Plaintiff Cannot Show Malpractice Without Expert Testimony
 
Lawson v. U.S. Citizenship and Immigration Services Top
Petitioner Paid His Debt to Society After Killing Wife, and Will Be Naturalized
 
Stephens-Buie v. Shinseki Top
Plaintiff Permitted to Amend Complaint To Give Dates of Retaliatory Harassment
 
Sommersett v. City of New York Top
Federal Disparate Treatment Claims Fail, But Survive Under State Law
 
Salazar v. Bowne Realty Associates LLC Top
Plaintiff Can Amend Complaint To Add Additional Retaliation Claims
 
Cabrera v. NYC Housing Authority Top
Court Annuls Termination of Tenancy Found Shocking to Judicial Conscience
 
Outside Counsel: Mommie Dearest: What's Gender Bias Got to Do With It? Top
Robert Z. Dobrish, senior partner at Dobrish Zeif Gross, writes that in matrimonial cases, the perception of gender bias runs high particularly among litigants, with unsuccessful fathers claiming that mothers receive preferential treatment. While the complaint may often sound like sour grapes, there is evidence indicating that bias exists among those who are called upon to assist in making custody determinations.
 

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Y! Alert: NJLJ.com


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Bankruptcy Court Launches Forum To Avoid Foreclosure Top
A new program debuting Monday in New Jersey's U.S. bankruptcy Court is aimed at helping debtors and mortgage lenders find common ground to avert foreclosure.
 
Domestic Violence Restraining Order Reversed Due to Evidentiary Flubs Top
Judges hearing domestic violence cases should exercise caution when admitting evidence of prior acts that are not in the original complaint, lest they risk violating due process, the state Supreme Court rules.
 
Gann Law Books Sued in U.S. Court for Sending Out Unsolicited Faxes Top
Gann Law Books, a long-established publisher of standard desktop volumes for New Jersey lawyers, is the target of a federal putative class action alleging it sent out 10,000 illegal junk faxes over a four-year period.
 
Appeals Court Gives a Lesson on Need To Put Fee-Sharing Deals in Writing Top
Rule of Professional Conduct 1.5 'does not contemplate an avoidance of its requirements by happenstance at the end of the services performed,' the Appellate Division rules.
 
Hedonic Damages Claim on Behalf of Comatose Inmate Can Go Forward Top
The estate of a suicidal inmate who was wrongly moved into the general population where he hanged himself, went into a coma and soon thereafter died may pursue damages for his loss of enjoyment of life, a federal judge rules.
 
Condo Complexes Not Liable for Failure To Plow Public Sidewalks, Court Says Top
Sidewalks in front of condominium buildings on city streets look just like those in front of businesses, but there's no corresponding obligation to keep them clear of snow, a divided state Supreme Court rules.
 
Ch. 7 Trustee Sues Debtor's Lawyer, Alleging He Botched State Court Suit Top
A Somerville lawyer is fighting a malpractice suit claiming he failed to inform a client that an employment-bias case had been thrown out 10 years earlier and, after the client filed for bankruptcy, blocked a Chapter 7 trustee's efforts to find out the status of the case.
 
Health Care Battle Reaches Supreme Court Top
The Thomas More Law Center has filed a petition for certiorari in Thomas More Law Center v. Obama, its challenge to a June 29 ruling by the U.S. Court of Appeals for the 6th Circuit that upheld the so-called "individual mandate" under the landmark health care legislation.
 
No Personal-Use Defense To Growing Marijuana, N.J. Appeals Court Holds Top
A New Jersey appeals court finds there is no personal-use defense to a charge of illegal growing of marijuana, not even for medical use.
 
Lesniak Takes on U.S. Senators in Effort To Bring Web Gambling to N.J. Top
State Sen. Raymond Lesniak, whose intrastate online gambling bill was vetoed, says he will take another crack at the legislation — and federal authorities should not get in the way.
 
Justices To Decide Whether Wife Can Be Mother to Spouse's Surrogate Child Top
The state Supreme Court has agreed to review the denial of a woman's request to be recognized as the mother of her husband's biological child, born by way of a surrogate mother, without recourse to adoption.
 
B2B Consumer Fraud Act Award Is Overturned Due to Errors Below Top
The state Supreme Court on Monday struck down a Consumer Fraud Act award to a commercial entity, though stopping short of saying the act can never apply in the context of business-to-business transactions.
 
Retroactive Suspension Deemed Enough For Counsel for Sham M&A Company Top
The former in-house counsel for a scandal-ridden investment company who made phony deductions on his income taxes and made false statements to federal investigators has been suspended from practice for two years.
 
Christie Is Sued for Info About Summit With Ailes Discussing Presidential Run Top
Gossip website Gawker, with the aid of the ACLU-NJ, is suing Gov. Chris Christie over his refusal to make public alleged communications with Fox News Channel president Roger Ailes over a possible run for the presidency in 2012.
 
N.J. Court Puts Class Actions Against Junk Faxers on Hold Top
A New Jersey appeals court has pulled the plug on class actions against junk faxers, agreeing with a minority of states that say they aren't allowed under the Telephone Consumer Protection Act.
 
U.S. Court Gives Lesson in Navigating Labyrinth of Offer-of-Judgment Rule Top
"Offeror beware" was the message sent by a federal appeals court that called the the federal offer-of-judgment rule "a trap for the unwary."
 
Suit Says Constitution Bars Hikes for Judges' Pension and Health Coverage Top
A Hudson County judge is suing the state, alleging recent increases in pension and health benefit contributions for sitting judges are unconstitutional and undercut judicial independence.
 
Court Rejects 'Horseplay' Defense To Applying Megan's Law to Minors Top
Two juvenile boys must register for life as sex offenders under Megan's Law as the result of committing forced sexual contact with younger boys that a state appeals court refused to treat as mere horseplay.
 
U.S. Judge Throws Out Suit Accusing Collection Firm of Abusive Practices Top
Collection firm Pressler & Pressler has won dismissal of a would-be class action alleging it sent sheriff's officers to conduct illegal searches of debtors' homes to intimidate them into paying.
 
Autistic Children's Parents Sue Over Denied Behavioral-Therapy Coverage Top
Parents of autistic children are suing as a class over denial of coverage for a type of intensive therapy they say is scientifically valid but their insurer calls experimental.
 
Failure To Present Mitigating Evidence Held Indefensible as Discretionary Act Top
A lawyer's failure to present mitigating evidence of domestic abuse when his client pleaded guilty to aggravated manslaughter of her husband was ineffective assistance of counsel, the N.J. Supreme Court says.
 
Not All Legal Work Done Sitting Down, Judge Says in Disability-Benefits Case Top
A federal judge in Newark has restored disability benefits to a lawyer that Prudential Insurance cut off by assuming the work of all attorneys is "sedentary."
 
N.Y. Lawyer Can Be Sued in N.J. Where His Actions' Effects Were Foreseeable Top
A New York lawyer is subject to personal jurisdiction in New Jersey for purposes of a malpractice suit, even though he has no presence in the state, because the consequences here of his actions were predictable, a court says.
 
Judge in Ethics Pickle for Representing City Official Calls Proscription Vague Top
A municipal judge facing ethics charges for representing an officer of the same city says his infraction wasn't deliberate because the rule against it doesn't spell out who is an "officer."
 
Congressional Committee Re-examining Federal Government's Marriage Laws Top
For the first time since Congress voted in 1996 to define marriage as between a man and a woman, a congressional committee is looking at reversing that action.
 
OAE Report Shows More Lawyers, Fewer Disciplines Top
Despite an ever-climbing lawyer population and a steady load of ethics cases, attorney discipline in New Jersey dropped in 2010 for the second consecutive year, the Office of Attorney Ethics says in its annual report.
 
Coach Who Held Nude Weigh-Ins Gets Chance To Vacate Endangerment Plea Top
A former middle-school coach who pleaded guilty to child-welfare endangerment will get a shot at proving that his lawyer's advice about the Megan's Law ramifications was lacking and that his underlying conduct — weighing his players in the nude — did not make out an offense.
 
Judge Throws Out Consumer Fraud, RICO Suit Against Johnson & Johnson Top
A federal judge has dismissed all claims in a massive consumer fraud and RICO suit that accused Johnson & Johnson and a subsidiary of a conspiracy to conceal widespread manufacturing and quality control problems that led to product recalls.
 
Senate Confirms First Openly Gay Federal Judge Top
The U.S. Senate votes overwhelmingly to confirm J. Paul Oetken as a district court judge in New York, making him the first openly gay man appointed to the federal bench.
 

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