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Saturday, September 24, 2011

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In Fractious Bankruptcy, Lawyers Trade Charges of Privilege Breach and Fraud Top
An attorney for a Hudson County healthcare company in Chapter 11 is accusing its former lawyer, Donald Scarinci, of disclosing privileged information to counsel for the creditors committee.
 
Proposal Would Liberalize Rules on Electronic Devices in State Courts Top
The state Supreme Court's Bench-Bar-Media Committee is pitching new rules that would establish a presumption of permissibility for using electronic devices in court, albeit with prior approval.
 
Prosecutors Forming Consensus That E-Mails Fall Under N.J. Sunshine Law Top
Gloucester County Prosecutor Sean Dalton is the third county prosecutor in as many months to find a violation of the Open Public Meetings Act a result of e-mails sent by municipal officials about government business.
 
Justices To Decide on Spill Act Liability In Absence of Causal Link to Damages Top
The Supreme Court has agreed to decide if a state law widely used to pursue polluters for clean-up costs creates strict liability for all damages arising from the contamination, whether or not a causal link to the original leak can be shown.
 
Sex Offender Ankle Bracelet Law Held To Be Punitive, Thus Not Retroactive Top
A 2007 statute mandating electronic monitoring and supervision of sex offenders is punitive in nature and thus may be applied only prospectively, a divided New Jersey appeals court rules.
 
Attorney General Circulates Rubric for Compliance With N.J. Anti-Bullying Law Top
Law enforcement officials give educators a handbook for compliance with New Jersey's new anti-bullying law, now in effect for the 2011-12 school year.
 
Senate Committee Passes Five Judges For Reappointment Top
The Senate Judiciary Committee on Monday recommended tenure for four Superior Court trial judges — James Blaney, Charles Dortch, Robert Reed and Patricia Roe — and one Appellate Division judge — Douglas Fasciale.
 
Court Reverses PTI Denial to Addict Who Sold Drugs from Her Apartment Top
A disabled, substance-addicted woman who ran an illicit drug store — complete with a price list — out of her apartment should have been granted pretrial intervention on charges she sold to an undercover cop, a state appeals court rules.
 
Company Cited for Spoliation After Its Lawyers Fail To Impose Litigation Hold Top
A company that destroyed potential evidence after its lawyers failed to impose a litigation hold and left it to the nonlawyer CFO to sort out what was relevant has been slapped with spoliation sanctions.
 
Copyright Suit Against Rapper 50 Cent Fails Under 'Scenes a Faire' Doctrine Top
Tales of young men from inner-city, single-parent families who get caught up in crime are so common as to be not copyrightable, a federal judge says in dismissing an infringement suit against recording artist 50 Cent.
 
Senate Panel Passes Trade Secrets Act, With Remedies for Misappropriation Top
New Jersey is edging closer to joining 46 other states that have adopted the Uniform Trade Secrets Act, which provides for civil remedies in cases of misappropriation of trade secrets.
 
Excessive Billing, Limited Results in Easy Case Lead to Slashing of Fees Top
A litigant whose counsel billed nearly twice as many hours as the case required sees a federal judge pare his fee request to less than half.
 
Lawyer Reprimanded for Will That Gave His Wife the Client's Estate Top
A Middlesex lawyer has been reprimanded for drafting a will that allowed his wife to inherit $1.3 million.
 
Disabled Student Need Not Be Enrolled In District To Qualify for Special Ed Top
A school district's obligation to make a free and appropriate public education available to disabled students living within its boundaries is not limited to students enrolled in the district, a federal judge says.
 

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Copyright Suit Against Rapper 50 Cent Fails Under 'Scenes a Faire' Doctrine Top
Tales of young men from inner-city, single-parent families who get caught up in crime are so common as to be not copyrightable, a federal judge says in dismissing an infringement suit against recording artist 50 Cent.
 
Sex Offender Ankle Bracelet Law Held To Be Punitive, Thus Not Retroactive Top
A 2007 statute mandating electronic monitoring and supervision of sex offenders is punitive in nature and thus may be applied only prospectively, a divided New Jersey appeals court rules.
 
Company Cited for Spoliation After Its Lawyers Fail To Impose Litigation Hold Top
A company that destroyed potential evidence after its lawyers failed to impose a litigation hold and left it to the nonlawyer CFO to sort out what was relevant has been slapped with spoliation sanctions.
 
Excessive Billing, Limited Results in Easy Case Lead to Slashing of Fees Top
A litigant whose counsel billed nearly twice as many hours as the case required sees a federal judge pare his fee request to less than half.
 
Lawyer Reprimanded for Will That Gave His Wife the Client's Estate Top
A Middlesex lawyer has been reprimanded for drafting a will that allowed his wife to inherit $1.3 million.
 
Residential Real Estate Transactions No Longer Subject to Bulk Sales Act Top
Gov. Chris Christie signs a law that expressly exempts from the state Bulk Sales Transfer Act home sales by individuals, estates and trusts.
 
Court Reverses PTI Denial to Addict Who Sold Drugs from Her Apartment Top
A disabled, substance-addicted woman who ran an illicit drug store — complete with a price list — out of her apartment should have been granted pretrial intervention on charges she sold to an undercover cop, a state appeals court rules.
 
Justices To Decide on Spill Act Liability In Absence of Causal Link to Damages Top
The Supreme Court has agreed to decide if a state law widely used to pursue polluters for clean-up costs creates strict liability for all damages arising from the contamination, whether or not a causal link to the original leak can be shown.
 
Senate Panel Passes Trade Secrets Act, With Remedies for Misappropriation Top
New Jersey is edging closer to joining 46 other states that have adopted the Uniform Trade Secrets Act, which provides for civil remedies in cases of misappropriation of trade secrets.
 
Attorney General Circulates Rubric for Compliance With N.J. Anti-Bullying Law Top
Law enforcement officials give educators a handbook for compliance with New Jersey's new anti-bullying law, now in effect for the 2011-12 school year.
 
Judge Gives Green Light to Class Suit Over Zip Code Collection by Retailers Top
A litigation trend that started in California — class-action suits alleging invasion of privacy by retailers that collect zip codes from customers — is catching on in New Jersey.
 
In Fractious Bankruptcy, Lawyers Trade Charges of Privilege Breach and Fraud Top
An attorney for a Hudson County healthcare company in Chapter 11 is accusing its former lawyer, Donald Scarinci, of disclosing privileged information to counsel for the creditors committee.
 
Senate Committee Passes Five Judges For Reappointment Top
The Senate Judiciary Committee on Monday recommended tenure for four Superior Court trial judges — James Blaney, Charles Dortch, Robert Reed and Patricia Roe — and one Appellate Division judge — Douglas Fasciale.
 
Proposal Would Liberalize Rules on Electronic Devices in State Courts Top
The state Supreme Court's Bench-Bar-Media Committee is pitching new rules that would establish a presumption of permissibility for using electronic devices in court, albeit with prior approval.
 
Prosecutors Forming Consensus That E-Mails Fall Under N.J. Sunshine Law Top
Gloucester County Prosecutor Sean Dalton is the third county prosecutor in as many months to find a violation of the Open Public Meetings Act a result of e-mails sent by municipal officials about government business.
 
Disabled Student Need Not Be Enrolled In District To Qualify for Special Ed Top
A school district's obligation to make a free and appropriate public education available to disabled students living within its boundaries is not limited to students enrolled in the district, a federal judge says.
 
Circuit Revives Suit Alleging Minorities Unduly Impacted by Town Renewal Plan Top
A suit charging that redevelopment of a low-income neighborhood in Mount Holly hits African Americans and Hispanics harder has been given new life by a federal appeals court.
 
Case Tests Who Is Responsible When Patient Attacked at Charitable Facility Top
In one of the first cases of the new term, the state Supreme Court is asked to decide if a charitable institution that cares for the developmentally disabled should have a nondelegable duty to ensure employees do not harm its charges.
 
Breast-Feeding Video Subject Sues Over Its Transfiguration to Porn Top
A Fair Lawn woman is trying to repair the damage to her reputation allegedly caused by an instructional breast-feeding video in which she appeared making its way into a pornographic movie.
 
Octogenarians Alleging Child Sex Abuse Push Envelope Of Law's Discovery Rule Top
A case of two men in their 80s claiming they had sex with nuns seven decades ago while they were orphan teens is testing the outer limits of the Child Sexual Abuse Act's tolling provisions.
 
Benefits Fraud Investigation Ends in Deferred Prosecution, $150M Settlement Top
Federal prosecutors in New Jersey strike a $150 million deal to settle civil and criminal claims against a national home health care provider that admittedly received $61 million in government reimbursements through fraud.
 
Malpractice Verdict Can't Be Molded To Make Firm's Client Share in Blame Top
A law firm found to have committed malpractice by facilitating an international child abduction may not seek to hold the child's mother, its onetime client, partially liable.
 
Child-Porn Defendant Seeks Court's Aid In Accessing the Evidence Against Him Top
Turned away by the Appellate Division, a defendant in a child-pornography case who was denied full access to the incriminating evidence is pinning his hopes on the state Supreme Court's willingness to see injustice in his plight.
 
Litany of Photo-Evidence Mishandling Cited by Defense in High Court Appeal Top
The lawyer for a Newark man serving a 7-year prison sentence for armed robbery invokes the Supreme Court's sweeping ruling on eyewitness identification in faulting a trial judge for sloppy handling of mug shots, photo arrays and related testimony.
 
Court Mulls Whether X-Rated Clubs Can Be Deported From New Jersey Top
The state Supreme Court is deciding whether New Jersey towns, in seeking to restrict where adult-oriented businesses can operate, can essentially force those businesses to relocate to other states.
 
Conference Instructs Federal Judges To Limit Sealing of Entire Case Files Top
The policy-making body of the federal judiciary approves a new standard that instructs judges to seal entire court records only when required by statute or "justified by a showing of extraordinary circumstances."
 
KPMG Case Probes Limits of Holding Accountants Liable for Sketchy Audits Top
A case argued Tuesday at the state Supreme Court will determine whether an accounting firm faces third-party liability when information from audits of a client is used to help advance a merger deal and is later found to be threadbare.
 

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Y! Alert: Law.com - Newswire


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Client Sues Crowell Over Missing Escrow Top
Crowell & Moring was sued Friday for $5.5 million in missing real estate escrow money that a client says was improperly diverted by former firm associate Douglas R. Arntsen. The suit accuses the firm of negligence and breach of contract for failing to prevent the improper diversion of funds.
 
Ninth Circuit Faults Way 'Terrorist' Label Was Affixed to Al-Haramain Top
The 9th Circuit has ruled that the government violated the constitutional rights of an Islamic charity in how it blocked its funds and designated it as a terrorist group. But the panel rejected the argument that the government wasn't entitled to use classified information in designating groups as terrorist organizations.
 
Reward offered in car bombing of attorney Top
Attorney Erik Chappell was driving in Michigan when a bomb exploded in his Volvo, injuring him and his sons, ages 10 and 13. Chappell was discharged from the hospital the day after the incident. His sons remained there but were expected to recover.
 
No Cameras Allowed for Scalia Speech at Duquesne Top
Supreme Court Justice Antonin Scalia usually keeps cameras from recording his remarks and events. But extending the rule to the highly public celebration marking the centennial of Duquesne University School of Law and the justice's own 25 years on the Court seems to take the practice to a new level.
 
Credit Union Regulatory Agency Looks to Expand Lending Rules Top
Checking and saving accounts, mortgages and the like are the underlying base of the global economy. Now, the National Credit Union Administration is eying measures that it believes would hedge risks in the credit union sector and stimulate job growth in the overall economy.
 
Doug Caddell on Foley & Lardner's Freedom of Computing Top
Doug Caddell, CIO at Foley & Lardner, speaks with LTN staff reporter Evan Koblentz at ILTA about his firm's policy of giving lawyers the freedom to buy the technology they need -- instead of dictating choices. Freedom of computing, he says, allows firms to focus more on business issues and less on infrastructure.
 
Appellate Lawyer of the Week: Jonathan Turley Top
When Jonathan Turley is not teaching at George Washington University Law School or blogging, he is a litigator whose cases can never be described as boring. In this video interview with Tony Mauro, Turley discusses his high-profile case on Utah's anti-polygamy law.
 
George Rudoy on Legal Technology Consolidation Top
George Rudoy, of HSNO (formerly of Integrated Legal Technology), speaks with LTN's Editor-in-Chief Monica Bay about the end of isolated services in law firms. Rudoy discusses the centralization of legal technology in firms looking to modernize and meet budgets across the board.
 
Video: Robert Peck, Appellate Lawyer of the Week Top
Tony Mauro talks to Robert Peck, president of the Center for Constitutional Litigation.
 
Federal Appeals Court Scrutinizes Health Care Law Top
A top U.S. Justice Department lawyer on Friday defended the Obama administration's health care law, telling a panel of the D.C. Circuit that the minimum coverage provision of the Affordable Care Act, under attack in courts around the country, is a valid exercise of congressional authority.
 
State Bar Admission Denied Over Missing Information on Law School Application Top
Recent decisions by the Georgia Supreme Court denying two law school grads the right to take the state bar exam highlight the need to tell the whole truth -- and not just when applying for admission to the Bar. In each case, certificates of fitness to practice law were denied partly due to omissions on law school applications.
 
Conahan Sentenced to 17.5 Years Top
Before a packed courtroom Friday, former Luzerne County President Judge Michael T. Conahan was sentenced to 210 months in federal prison for his role in the Luzerne County, Pa., "kids for cash" judicial scandal.
 
Excessive Billing, Limited Results in Easy Case Lead to Slashing of Fees Top
Finding that an attorney spent excessive hours on a simple wage-and-hour case and achieved limited results, a New Jersey federal judge awarded only $10,710 of the nearly $27,000 sought. Among the figures questioned by the judge: 49.2 hours of claimed prep time for a four-hour arbitration.
 
Jones Says Dennis Accepted Her Apology After Heated "Shut Up" Exchange Top
The 5th Circuit typically is a collegial court, but during en banc arguments in a drug case last week, Chief Judge Edith Jones felt the need to tell Judge James Dennis to "shut up." She later apologized.
 
Did K&L Gates Jump the Gun in Silvercorp Defamation Suit? Top
Canadian mining company Silvercorp, China's largest primary silver producer, has filed a defamation suit against websites that allegedly published false reports accusing the company of engaging in a $1.3 billion accounting fraud. But did the company and its lawyers at K&L Gates jump the gun?
 
Obama Nominates L.A. Federal Judge for Ninth Circuit Slot Top
Just two years after naming Jacqueline Nguyen to the federal bench in Los Angeles, President Obama is seeking to elevate her to the 9th Circuit. The pick of a sitting federal judge is seen as a safe selection, after Senate Republicans in May blocked confirmation of Goodwin Liu.
 
Company Cited for Spoliation After Its Lawyers Fail To Impose Litigation Hold Top
A company that destroyed potential evidence after outside counsel failed to impose a litigation hold and left it to the company's nonlawyer CFO to sort out what was relevant has been slapped with spoliation sanctions. A federal judge found the company did not destroy records deliberately but was negligent in not preserving them.
 
Renewing a Ritual, Solyndra Executives Take the Fifth in Person Top
Lawyers for two Solyndra executives told a congressional committee they had advised their clients not to answer questions. But the committee's investigators decided to require the executives' physical appearance anyway -- a practice that has long been controversial.
 
19 Hours of Settlement Talks for Oracle, Google CEOs Top
Oracle and Google's CEOs spent nearly 20 hours holed up in a federal courthouse last week with their lawyers and other top company executives for court-ordered settlement talks in a billion-dollar patent dispute over Java technology. And the pair may be required to go back for more.
 
Rothstein bankruptcy trustee Herbert Stettin sues GOP operative Top
The bankruptcy trustee for Scott Rothstein's defunct law firm has filed a lawsuit against former Rothstein Rosenfeldt Adler partner and powerful Republican operative Roger Stone, as part of his efforts to recover funds for victims of Rothstein's $1.2 billion Ponzi scheme.
 
State Agrees to Pay $5 Million to Settle Suits Over Death of Autistic Boy Top
A day after New York state agreed to pay $5 million to settle two suits over the death of an autistic boy who was killed by two aides at a state-run facility, Gov. Andrew M. Cuomo's administration acknowledged systemwide deficiencies in the way the state treats the disabled.
 
Copyright Suit Against Rapper 50 Cent Fails Under 'Scenes a Faire' Doctrine Top
Tales of young men from inner-city, single-parent families who get caught up in crime are so common as to be not copyrightable, a New Jersey federal judge has held in dismissing an infringement suit against recording artist 50 Cent.
 
Desktop Encryption Moves to the Cloud Top
Laplink has introduced PC Lock, an all-new utility that encrypts files on a computer or laptop, and even remotely protects computers if they're lost. For lawyers and other professionals handling sensitive data, encryption is an increasingly popular and necessary tool. Freelance writer Jason Krause looks at PC Lock to see just how safe it keeps your data. Visit Law Technology News
 
Vidyo Targets Lawyers for Mobile Meetings Top
Vidyo, a specialist in videoconferencing technology through mobile devices and public networks, is starting a new push into the legal industry. The company recently raised $22.5 million in venture capital and is hiring additional staff to target law firms. It differs from high-end options by having fewer requirements for special hardware.Visit Law Technology News
 

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Friends in High-Tech Places Top
The Chipsters -- female patent lawyers from companies like Google, Apple and eBay -- put a new gloss on the ol' girl network.
 
GCs Find Options Never Go Out of Style Top
Zynga's expected IPO will mean serious money for top lawyer Reginald Davis.
 
Google's Chief Legal Officer Lashes Out Online Top
 

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Citi's Midyear Report: Firms' Expenses Outpace Revenue Gains Top
Building on the positive signs for law firms from the first quarter of 2011, demand and rates were even stronger at the midyear point, while revenue held steady, according to recent reports. But expenses are increasing at a faster rate than revenue, putting a squeeze on profit margins.
 
Federal Appeals Court Scrutinizes Health Care Law Top
A top U.S. Justice Department lawyer on Friday defended the Obama administration's health care law, telling a panel of the D.C. Circuit that the minimum coverage provision of the Affordable Care Act, under attack in courts around the country, is a valid exercise of congressional authority.
 
State Agrees to Pay $5 Million to Settle Suits Over Death of Autistic Boy Top
A day after New York state agreed to pay $5 million to settle two suits over the death of an autistic boy who was killed by two aides at a state-run facility, Gov. Andrew M. Cuomo's administration acknowledged systemwide deficiencies in the way the state treats the disabled.
 
Obama Nominates L.A. Federal Judge for Ninth Circuit Slot Top
Just two years after naming Jacqueline Nguyen to the federal bench in Los Angeles, President Obama is seeking to elevate her to the 9th Circuit. The pick of a sitting federal judge is seen as a safe selection, after Senate Republicans in May blocked confirmation of Goodwin Liu.
 
Judge Blasts Both Sides for 'Epic Failures' in Securities Case Top
Citing "epic failures" in litigation against Smith Barney and Citigroup, a federal judge said in an angry opinion that the court had wasted time and chastised Bernstein Leibhard for revealing after six years of lawyering that the lead plaintiff in a securities case never bought the funds at issue.
 
Doug Caddell on Foley & Lardner's Freedom of Computing Top
Doug Caddell, CIO at Foley & Lardner, speaks with LTN staff reporter Evan Koblentz at ILTA about his firm's policy of giving lawyers the freedom to buy the technology they need -- instead of dictating choices. Freedom of computing, he says, allows firms to focus more on business issues and less on infrastructure.
 
Appellate Lawyer of the Week: Jonathan Turley Top
When Jonathan Turley is not teaching at George Washington University Law School or blogging, he is a litigator whose cases can never be described as boring. In this video interview with Tony Mauro, Turley discusses his high-profile case on Utah's anti-polygamy law.
 
George Rudoy on Legal Technology Consolidation Top
George Rudoy, of HSNO (formerly of Integrated Legal Technology), speaks with LTN's Editor-in-Chief Monica Bay about the end of isolated services in law firms. Rudoy discusses the centralization of legal technology in firms looking to modernize and meet budgets across the board.
 
Video: Robert Peck, Appellate Lawyer of the Week Top
Tony Mauro talks to Robert Peck, president of the Center for Constitutional Litigation.
 
Ex-SEC GC David Becker Grilled at House Subcommittee Hearing Top
A House panel heard Thursday from a repentant SEC chairman and a defensive former general counsel about how a possible conflict of interest may have tainted two SEC decisions regarding Bernard Madoff's Ponzi scheme. Former GC David Becker steadfastly held that he had done nothing wrong.
 
Covington Wins Appellate Ruling for Spain in Battle over 200-Year-Old Sunken Treasure Top
Take a 19th-century Spanish frigate, a mostly forgotten battle at sea, more than 500,000 silver and gold coins buried beneath the ocean and the Foreign Sovereign Immunities Act, and what have you got? A true litigation sea shanty.
 
Solyndra Bankruptcy Fallout Generating Plenty of Work for Lawyers Top
Attorneys from at least seven firms have landed roles advising parties connected to the increasingly controversial bankruptcy filing this month by government-subsidized solar panel manufacturer Solyndra, whose sudden collapse has begun to cast shadows over the U.S. solar energy industry.
 
Report: Ex-Am Law 100 Partner Accepts Censure, Regrets 'Moral Transgression' Top
The D.C. Bar has recommended that former Saul Ewing and Venable partner Sheryl Robinson Wood be publicly censured after she admitted to "intimate contact" with former Detroit Mayor Kwame Kilpatrick while she served as a court-appointed monitor of the city's police department.
 
Big win for Monsanto in seed patent case Top
In a case involving patent exhaustion, Monsanto has scored a win at the Federal Circuit for its genetically altered seed patents. The unanimous ruling was also a victory for Wilmer Cutler Pickering Hale and Dorr, including leading appellate advocate Seth Waxman.
 
Port Authority Ruled Not Liable in 1993 WTC Terror Bombing Top
A narrowly divided New York state high court has accepted the Port Authority of New York and New Jersey's position that not only did it have governmental immunity, but that it made no sense to hold the agency twice as responsible for damages as the terrorists who carried out the 1993 attack.
 
Kirkland, Dewey Win $101 Million Jury Verdict for Medtronic in Spinal Implant Patent Case Top
After two weeks of trial in an infringement suit over patents for spinal implants used in back surgery, lawyers for Medtronic convinced a California jury to award a subsidiary nearly $102 million, but defendant NuVasive collected its own much smaller award and vowed to fight the verdict.
 
ABA President Asks Labor Department to Reconsider 'Intrusive' Rule Change Top
American Bar Association President William Robinson III sent a comment letter Wednesday to the Department of Labor, asking the agency to reconsider a proposed rule that would "impose an unjustified and intrusive burden on lawyers and law firms and their clients."
 
4th DCA upholds award to widow of Broward smoker Top
A Florida appeals court has upheld a $600,000 award to the widow of a smoker in a suit against R.J. Reynolds Tobacco. One of the judges on the panel pleaded for more guidance from the Florida Supreme Court to end "a form of legal poker" being played in the trial courts.
 
Attorney disbarred following computer sex sting Top
A former law school adjunct professor has been disbarred by the Maryland Court of Appeals after pleading guilty to trying to seduce minors on the Internet. Richard Donald Lieberman was accused of emailing sexually explicit material to federal agents posing as 10- and 13-year-old girls.
 
Lawsuit reinstated against Nixon Peabody partner Top
The Supreme Court of New Hampshire has revived claims of negligent infliction of emotional distress, fraudulent misrepresentation and vicarious liability against Nixon Peabody partner Regina Rockefeller and the firm stemming from a lawsuit by an attorney's wife.
 
Rambus Asks San Francisco Jury for $3.85 Billion Top
Only a $3.85 billion jury award can undo the damage done by a multiyear price-fixing scheme, lawyers for Rambus argued Wednesday during closing arguments in their case against rival memory chip-makers Micron Technology and Hynix Semiconductor.
 
Judge losing patience with discovery pace in O'Melveny's fee fight with MGA Top
A California judge appeared likely to impose discovery sanctions against MGA Entertainment in an increasingly contentious billing dispute with its former law firm, O'Melveny & Myers, saying in a hearing this week that she was frustrated with MGA's "very serious breaches of discovery obligations."
 
Lawyer Reprimanded for Will That Gave His Wife the Client's Estate Top
A New Jersey lawyer has been reprimanded for drafting a will that allowed his wife to inherit $1.3 million. The state Supreme Court found no aggravating factors and said Roger Weil's conduct was mitigated by his expressions of remorse and an unblemished career of more than 30 years.
 

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