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Saturday, October 1, 2011

Y! Alert: Law.com - Newswire


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Sizing up the Supreme Court Top
As a new Supreme Court term gets under way, the justices are braced to confront issues ranging from health care reform to GPS surveillance, broadcast standards, affirmative action and immigration enforcement. To examine the Court as its term begins, The National Law Journal's Tony Mauro held a panel discussion with four leading Supreme Court experts.
 
Federal Circuit Judges Spar Over Injunction Standard in Training Pants Patent Case Top
In a dissent to a denial of an en banc review sought by Kimberly-Clark, a Federal Circuit judge accused her colleagues of scrapping time-tested factors used to weigh requests for preliminary injunctions in patent cases and improperly replacing them with a new standard.
 
Skadden, Dechert Win New Jersey Appellate Victory for Pfizer in Hormone-Replacement Drug Cases Top
A New Jersey appellate court has affirmed a lower court ruling granting summary judgment for Pfizer in cases brought by two women who claimed they got breast cancer from taking Premarin and Prempro. The ruling will likely affect more than 100 other New Jersey cases that were stayed pending appeal.
 
West may resell personal information of drivers, 7th Circuit rules Top
A federal privacy law for drivers doesn't bar West Publishing from reselling plaintiffs' personal information, the 7th Circuit has ruled. The unanimous panel ruling affirmed a 2009 dismissal by an Illinois federal judge -- but only on one of two grounds.
 
Prosecutors Are Getting In-House Lawyers' Attention Top
Federal prosecutors seem to be having a hard time lately making criminal charges stick against in-house counsel in high-profile cases. Even so, says one defense attorney, the cases are warning signals, showing the legal risks that in-house counsel face in a regulated business environment.
 
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.
 
'The Onion' Likely in the Clear Over Congress Hostage Tweet, Say Media Lawyers Top
The Onion caused confusion Thursday when its Twitter messages described gunfire in the U.S. Capitol building, but media lawyers said the satirical newspaper probably won't face legal fallout. The tweets actually related to an Onion story about Congress holding schoolchildren hostage.
 
Attorney Sanctioned for Wasting Time During Depositions Top
A plaintiffs attorney in a failed lawsuit has been sanctioned $6,400 for conducting wasteful depositions. The judge noted in his ruling that the attorney had been warned of possible sanctions in the face of his "demand for more and more, wider and wider, and hope-springs-eternal discovery."
 
Boca lawyer goes on offensive against Chase Top
Using state racketeering law, Florida lawyer W. Jeffrey Barnes has launched an offensive against JPMorgan Chase, which Barnes claims engaged in a national pattern of "fraudulent foreclosure proceedings based on false and fraudulent misrepresentations."
 
Delaware Supreme Court Restricts Third-Party Life Insurance Sales but Keeps Market Alive Top
Insurers have been flooding courts with suits against investors that play a form of poker with the Grim Reaper by buying life insurance policies from third parties. Now, two Delaware Supreme Court decisions may help insurance companies keep such "life settlement" investors at bay.
 
Court Revives Suit Claiming Newark's Residency Rules Have Non-White Bias Top
A federal appeals court has reinstated a reverse-discrimination challenge to a residents-only hiring policy for city employees, finding that a lower court judge conducted a faulty analysis in granting summary judgment to the city of Newark, N.J.
 
Fight started over waste basket, ended with paid off condo Top
Miami attorney Nancy Wear's battle with her condo association became so heated, it included threats of involuntary psychiatric commitment after she allegedly caused havoc at board meetings. But Wear came out on top and has received a $201,000 check from the association's insurer.
 
Former Glock General Counsel Headed for Trial on Racketeering Charges Top
Former Glock general counsel Paul F. Jannuzzo goes to trial this month on theft and racketeering charges related to allegations that he misappropriated millions of dollars from the firearms maker with the help of lawyer Peter S. Manown, a former senior vice president of the company.
 
Cop's Sniffing of Party Guest's Breath Was Custodial Questioning, Court Says Top
A police officer's sniffing of a teenage partygoer's breath for alcohol constituted custodial questioning that triggered the right to Miranda warnings, a New Jersey appeals court has held, reversing the defendant's conviction for underage drinking.
 
Class cases allege cows slaughtered to raise milk prices Top
More than half a million cows have been slaughtered to force up milk prices in the U.S., according to two class actions filed against some of the nation's largest dairy companies and trade associations. The suits seek damages for separate classes under the antitrust laws of 27 states.
 

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Y! Alert: Law.com - Newswire


Posted by News Trends on 7:46 AM · Leave a comment

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Summer Associates Survey 2011 Top
Law students who spent summer 2011 as associates at some of the United States' largest firms went into their jobs knowing the negative reputation that life at such firms can have. They ended the season believing that reputation isn't deserved -- at least for the firms where they worked.
 
Court Revives Suit Claiming Newark's Residency Rules Have Non-White Bias Top
A federal appeals court has reinstated a reverse-discrimination challenge to a residents-only hiring policy for city employees, finding that a lower court judge conducted a faulty analysis in granting summary judgment to the city of Newark, N.J.
 
Boca lawyer goes on offensive against Chase Top
Using state racketeering law, Florida lawyer W. Jeffrey Barnes has launched an offensive against JPMorgan Chase, which Barnes claims engaged in a national pattern of "fraudulent foreclosure proceedings based on false and fraudulent misrepresentations."
 
TARP Audit Questions $8.1 Million in Legal Fees for 4 Firms Top
A new audit report says that four major law firms failed to justify $8.1 million in legal fees that they charged the U.S. Treasury Department for work related to the financial crisis. The latest report is especially critical of Simpson Thacher & Bartlett.
 
Diversity Digest: Cracks in the Glass Ceiling Top
Women constitute 20 percent of the general counsel in the Fortune 500, and only about 6 percent of the managing partners in The Am Law 200. Still, although professional advances have not been as far-ranging as some had envisioned, many individuals have success stories to tell.
 
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.
 
Law Requires Board to Assess Rehabilitation in Parole Rulings Top
Nearly half a century after Kitty Genovese's murder became a symbol of urban apathy, her killer will come up for parole for the 15th time. But now the parole board is being directed to look beyond his record and consider if the man who committed hideous crimes 47 years ago is the same person seeking freedom.
 
Illinois Supreme Court Keeps Plaintiffs' Hopes Alive for Reviving $10 Billion Case Against Philip Morris Top
In what plaintiffs lawyers at Korein Tillery are calling a "momentous victory," the Illinois Supreme Court has refused to hear an appeal by Philip Morris' lawyers at Winston & Strawn and Mayer Brown that might have shot down the plaintiffs' case for good.
 
FCC's final rule on Internet regulations spurs challenges Top
Appellate challenges to the FCC's open Internet regulations are piling up days after the agency's release of its final rule on the matter. The hotly contested rule on "net neutrality" details standards for Internet access providers' management of information in their networks.
 
Luce Forward Partner Takes Stand at Trial of Michael Jackson's Doctor Top
Luce Forward's Kathy Jorrie took the witness stand on the second day of Conrad Murray's trial, testifying about her interactions with pop star Michael Jackson's personal physician. Jorrie testified that Murray told her the day before Jackson's death that the singer was in "perfect health."
 
9th Circuit vacates ruling that found Don't Ask, Don't Tell unconstitutional Top
The 9th Circuit has vacated a ruling that found "don't ask, don't tell" unconstitutional, concluding that the Sept. 20 repeal of the U.S. military's ban on openly gay servicemembers rendered the case moot.
 
Man arrested after trying to enter Broward courthouse with gun Top
A man has been charged with carrying a concealed firearm, armed trespassing and impersonating an officer after allegedly trying to bring a gun and 140 bullets into a Florida courthouse. According to an arrest affidavit, the man said he was "receiving communications" to do "something bad."
 
Insurance companies may not intervene to seek fees in MGA case Top
A federal judge has denied a request by insurance companies that paid legal costs for MGA Entertainment in its successful case against Mattel to intervene in a bid to snag part of the $141 million in attorney fees and costs awarded to the Bratz doll manufacturer.
 
No N.J. Consumer Law Violation Found In Retailer's Harvesting of ZIP Codes Top
In a rift with a state court, a New Jersey federal judge has thrown out a putative class action charging that kitchenware chain Williams-Sonoma violated state law by asking customers who pay with credit cards to provide their ZIP codes.
 
3rd Circuit Asks for Pa.'s Take On Minority Shareholder Rights Top
A recent decision by the 3rd Circuit on the issue of the rights of minority shareholders who are unhappy with a merger prompted an outcry from business groups. Now the 3rd Circuit has vacated that decision and agreed to certify the question to the Pennsylvania Supreme Court.
 
Principals Prevail in 5th Circuit Candy Cane Case Top
The 5th Circuit has handed public school officials a big win, ruling that elementary school principals are immune from suit for allegedly preventing students from distributing religious gifts, including candy cane-shaped pens with text on the "Christian origin of candy canes," at a school party.
 
Rothstein accomplices given 3-year sentences Top
Two computer experts who assisted former law firm partner Scott Rothstein in committing his $1.2 billion scam were sentenced Wednesday to more than three years in prison. In addition to receiving the 37-month sentences, the two men were ordered to pay $62 million in restitution.
 
Mercedes Faces Class Action Alleging Defective Camshafts in Prime Engines Top
An allegedly defective motor has some Mercedes-Benz drivers racing to court. In a putative class action, the plaintiffs allege that the carmaker's top-of-the-line performance engine is prone to premature wear due to defective camshafts, draining owners' and lessees' wallets.
 

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Y! Alert: National Law Journal - Washington


Posted by News Trends on 4:33 AM · Leave a comment

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Judges may take bigger role guiding pro se Top
Noting the rise in pro se litigants, and acknowledging that traditional legal services groups can't always meet those needs, the D.C. Superior Court is considering changes to its judicial conduct guidelines that would encourage judges to take a more "affirmative role" in ensuring that unrepresented parties understand what's going on.
 
A Supreme Court memoir Top
Former Justice John Paul Stevens, who retired in June 2010 after nearly 35 years on the Court, has not written a formal autobiography, but instead recounts his memories of five chief justices that he knew or with whom he served.
 
Sizing up the Supreme Court Top
Tony Mauro leads a roundtable discussion with four Supreme Court experts in a preview of the upcoming term.
 
Lobbying Prater Top
Mark Prater, the recently chosen staff director of the powerful deficit-reduction panel, will play a key role in developing the committee's recommendations on how to find at least $1.2 trillion in savings over the next 10 years. This will make him a prime lobbying target.
 
INADMISSIBLE Top
The pardon backlog; witnesses for the Constitution; pictures at an exhibition; Tompkins donates to Harvard; a Regal $6 million suit; and a new face at Vianavo in this week's column.
 
Federal Circuit chief judge announces model order to limit e-discovery Top
At the 2011 Eastern District of Texas Bench Bar Conference in Irving, Texas, on Sept. 27, Rader said the Federal Circuit Advisory Council unanimously voted to adopt the proposed "Model Order on E-Discovery in Patent Cases."
 
Federal Circuit reverses infringement judgment, injunction against HemCon Top
A divided panel of the U.S. Court of Appeals for the Federal Circuit has vacated a $29.4 million judgment and permanent injunction against HemCon Inc. in a case about the rights of an allegedly infringing party to sell a product when the patent claim at issue was changed in re-examination.
 
Big win for Monsanto in seed patent case Top
Monsanto Co. has scored a win for its genetically altered seed patents at the U.S. Court of Appeals for the Federal Circuit. The decision was also a victory for Wilmer Cutler Pickering Hale and Dorr, including leading appellate advocate Seth Waxman, the chairman of its appellate and Supreme Court practice group in Washington.
 
COURTSIDE: Rainy days and third Mondays always get them down Top
The Supreme Court will be slightly less visible this month as it begins its new term. With little fanfare, the Court announced Tuesday that it was canceling its public session on Oct. 17, the third Monday of its October cycle of sittings. "The Supreme Court will no longer sit for a non-argument day in its October session," the Court press release stated, without offering a reason.
 
Courtside: Katyal's path to Hogan Lovells Top
When Neal Katyal left the Justice Department as acting solicitor general in June, he was feted by Chief Justice John Roberts Jr. On Tuesday Hogan Lovells, the firm where Roberts himself made his name as a top appellate advocate in the 1990s, announced it had hired Katyal, in a sense, as a successor to Roberts.
 
COURTSIDE: Fan critiques cert petition questions Top
At its best, a well-formulated question is the shiny object that attracts the attention of a law clerk or a justice with a concise statement of an intriguing dilemma that the justices will want to solve. At its worst — and many are awful — the question presented can be a turgid, off-putting pack of run-on sentences that look like the result of a committee's hasty, last-minute compromise.
 
Making more out of less Top
Since the recession took hold in 2008, many local firms have adopted new business practices in an attempt to limit real estate-related costs. This has led to making better use of existing space and becoming more value-conscious when considering a move to new office digs.
 
A taxing proposal Top
President Barack Obama last week delivered a reminder to financial industry lobbyists: The battle over a special tax rate affecting private-equity and hedge-fund managers isn't finished.
 
A question of mental health Top
A case now before the District of Columbia Court of Appeals is raising fundamental questions about when doctors in Washington can forcibly commit someone who already has voluntarily agreed to seek help.
 

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Y! Alert: Law.com - National Law Journal


Posted by News Trends on 2:14 AM · Leave a comment

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OPINION: Expert liability for ratings agencies Top
An SEC no-action letter has created uncertainty on the ramifications of a Dodd-Frank provision intended to require the agencies to consent to liability.
 
OPINION: An advocate's path to the judiciary Top
Nancy Gertner describes controversial cases she handled at a time when women weren't particularly welcome in courtrooms.
 
Corporate liability under Alien Tort Statute: Don't elevate form over substance Top
No good purpose is served by construing ATS so that it ends up governing which business structures are used to conduct foreign operations.
 

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Y! Alert: All News RSS - The Recorder


Posted by News Trends on 1:51 AM · Leave a comment

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Y! Alert: Civil Law News RSS - The Recorder


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Court Reporters Now a Luxury Item in S.F., Other Civil Courts Top
 
Chevron Rainforest Case Drags Mud into Local Court Top
 
9th Circuit Vacates ruling That Found 'Don't Ask, Don't Tell' Unconstitutional Top
Judge Diarmuid O'Scannlain wrote in a separate concurring opinion that he would have gone farther and reversed Riverside Judge Virginia Phillips' ruling.
 
Circuit Sides With Apple in Copyright Dispute With Clone Maker Top
 
Six House Democrats Press DOMA Lawyer for 'Briefing' Top
 
Ninth Circuit Faults Way 'Terrorist' Label Was Affixed to Al-Haramain Top
 
Judge in Napa Probate Case Questions Lawyer's Loyalty Top
 
19 Hours of Settlement Talks for Oracle, Google CEOs Top
A court filing from San Jose Magistrate Paul Grewal suggests Larry Ellison and Larry Page aren't done yet.
 
Rambus Asks San Francisco Jury for $3.85 Billion Top
Allegations of a complex price-fixing conspiracy in the market for memory chips have been the subject of a three-month trial before Judge James McBride.
 
Circuit Revives Suit Targeting Homebuilders' Marketing Practices Top
 

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Y! Alert: NLJ.com: Law Firms


Posted by News Trends on 1:17 AM · Leave a comment

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Making more out of less Top
Since the recession took hold in 2008, many local firms have adopted new business practices in an attempt to limit real estate-related costs. This has led to making better use of existing space and becoming more value-conscious when considering a move to new office digs.
 
MOVERS Top
La'Verne Edney joins Baker Donelson's products liability and mass tort practice group as partner in the Jackson, Miss., office. Plus more law firm movers in this week's column.
 
Orrick wants to fire MGA again over a second billing dispute Top
Orrick, Herrington & Sutcliffe has moved to withdraw from representing MGA Entertainment Inc., citing $3.85 million in unpaid legal fees and other compensation associated with a high-profile case against Mattel Inc.
 
Study of refugees from failed law firms concludes that networking works Top
Six major law firms closed their doors in 2008 and 2009, forcing more than 1,400 attorneys into the job market during tough financial times. According to a study, the vast majority of those attorneys have since landed new jobs.
 
THE PRACTICE: Restyled evidence rules on expert testimony coming Top
Although changes are not substantive, counsel should be ready to practice under the rules, to take effect in December.
 
MOVERS Top
James Westra joins Advent International Corp. as managing director and chief legal officer. Plus more law firm movers in this week's column.
 
THE CAREERIST: Family friendly, but so what? Top
Can big firms offer both ­quality of life and advancement — or is that just an illusion created by the firm's marketing department to suck you in?
 
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 Boston partner Regina Rockefeller and the firm stemming from an attorney's wife's lawsuit.
 
Judge losing patience with discovery pace in O'Melveny's fee fight with MGA Top
A Los Angeles judge appeared likely to impose discovery sanctions against MGA Entertainment Inc. in an increasingly contentious billing dispute with its former law firm, O'Melveny & Myers.
 
Prominent white-collar defender moves to Venable Top
Jan Handzlik, a prominent white-collar defense attorney in Los Angeles who has brought prosecutorial misconduct claims in a high profile Foreign Corrupt Practices Act case, has joined Venable LLP as a partner in the SEC/white-collar criminal defense group.
 
SOCIAL MEDIA: Why you can ignore Google+, for now Top
While we wait for Google+ to reach critical mass, does it make sense for your lawyers and law firm to be using it?
 
Federal prosecutor cleared of professional misconduct charges Top
A three-judge panel in the District of Massachusetts has declined to impose disciplinary sanctions on Boston federal prosecutor Jeffrey Auerhahn for judicial findings that Auerhahn's withholding of exculpatory evidence prompted the release of purported mobsters from prison.
 
MOVERS Top
Brian Pollack joins Chadbourne & Parke's intellectual property practice as counsel to the New York office. Plus more law firm movers in this week's column.
 
MGA turns to hero of its Bratz litigation to take on O'Melveny Top
MGA Entertainment Inc. has replaced its lawyer in a $10.2 million billing dispute against O'Melveny & Myers with Jennifer Keller, the attorney who successfully represented the Bratz doll manufacturer in a high-profile trial against Mattel Inc.
 
California tragedies draw lawsuits Top
Lawyers have filed wrongful death actions in two high profile tragedies in Southern California, including a crash during the California 200 race and the first murder on the Metro Red Line subway since it opened in 1993.
 
ASSOCIATE MOVERS Top
Crescent Moran joins the Honigman Miller Schwartz and Cohn's corporate and securities department and employee benefits practice group in the Detroit office. Plus more movers in this week's column.
 

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Y! Alert: National Law Journal


Posted by News Trends on 12:24 AM · Leave a comment

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9th Circuit vacates ruling that found Don't Ask, Don't Tell unconstitutional Top
A federal appeals court has vacated a ruling finding Don't Ask, Don't Tell unconstitutional, concluding that the Sept. 20 repeal of the military's ban on openly gay servicemembers rendered the case moot.
 
Class cases allege cows slaughtered to raise milk prices Top
More than half a million cows have been slaughtered in order to raise the price of milk in the United States, according to a pair of class action lawsuits filed against some of the nation's largest dairy companies and trade associations.
 
West may resell personal information of drivers, 7th Circuit rules Top
The Sept. 28 unanimous panel ruling in Graczyk v. West Publishing Co. affirmed a September 2009 dismissal by Judge Robert Gettleman of the Northern District of Illinois — but only on one of two grounds.
 
Institute revokes offer to locate con law center at N.C. school after faculty, alums object to donor Top
Politics have derailed a proposed state constitutional law research center at North Carolina Central University School of Law.
 
FCC's final rule on Internet regulations spurs challenges Top
Appellate challenges to the Federal Communications Commission's open Internet regulations are piling up days after the agency's release of its final rule on the matter. The FCC's Sept. 23 publication of a final rule in the Federal Register opened the floodgates for court challenges.
 
Kirkland & Ellis pledges $2.75 million to Stanford Law School Top
Kirkland & Ellis has pledged $2.75 million to Stanford Law School over the next five years to fund expanded clinical programs, new student awards and a series of panels and symposia on the legal profession, the school announced Thursday.
 
On same day, Justice Department and NFIB urge Supreme Court review of health care reform Top
Legal maneuvers on Wednesday made it likelier than ever that the Supreme Court will rule on the constitutionality of the health care reform law during the coming term, with a decision likely to come down in the midst of the 2012 presidential campaign.
 
Illinois Law acknowledges pattern of reporting inaccurate data Top
The University of Illinois announced Wednesday that its law school reported inaccurate data to the American Bar Association on the academic credentials of its incoming students for the past three years, in addition to publishing inflated figures on its Web site this fall.
 
Insurance companies may not intervene to seek fees in MGA case Top
A federal judge has denied a request by insurance companies that paid legal costs for MGA Entertainment Inc. in its successful case against Mattel Inc. to intervene in a bid to snag part of the $141 million in attorney fees and costs awarded to the Bratz doll manufacturer.
 
Slideshow: 4th Annual Legal Times Awards Top
The fourth annual Legal Times Awards were held on Sept. 15, recognizing the top legal talent from around the Washington metropolitan area. This year's honorees included ten "champions," lawyers who upheld the legal industry's professional mission of public duty; ten "visionaries," including attorneys who have successfully guided their firms through a tough economy; and, for the first time, 20 of the most influential in-house counsel.
 
Are you a hustler? Top
There is so much talk about social this and techno that. Do X to get a job and Y to keep your job. But the singular characteristic that courses through the vein of achievement is hustling.
 
OPINION: Errors in eyewitness evidence Top
The high court should rule that witness certainty and other subjective factors should not be measured at times when doing so would impair the integrity of the underlying reliability inquiry.
 
OPINION: It's time to fix our sentencing laws Top
Years after the Supreme Court put the ball in Congress' court, commission can finally spur action.
 
Corporate liability under Alien Tort Statute: Don't elevate form over substance Top
No good purpose is served by construing ATS so that it ends up governing which business structures are used to conduct foreign operations.
 
LAW SCHOOLS: A SPECIAL REPORT Top
Law schools around the country are launching solo and small firm "incubators" — programs that helps recent graduates establish solo practices while also encouraging free or low-cost legal services to underserved communities.
 
SURVEY OF LAW FIRM ECONOMICS Top
Our national survey shows firms had a better 2010, and despite a hazy economy, they see promise in 2011.
 
E-DISCOVERY: The case for treating EDD like business as usual Top
Rather than wait for a lawsuit, companies should plan ahead to meet discovery obligations.
 

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