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Saturday, October 22, 2011

Y! Alert: National Law Journal


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The latest from National Law Journal


A big gift for Bybee Top
From 2007 to 2010, 9th Circuit Judge Jay Bybee accepted legal and consulting help totaling $3.4 million as he fought off allegations that he authorized torture, according to financial disclosure reports obtained by The National Law Journal.
 
Doomsday at the high court: What to do? Top
What would happen if some or all of the nine justices of the U.S. Supreme Court were taken out in a terrorist attack? It's a question that the framers of the Constitution did not anticipate, and policymakers ever since have not thought much about. As a result, the answer is the same as for the departure of a single justice: the clunky nomination and confirmation process.
 
Not quite ready to quit Top
Some legal public service advocates are planting seeds among senior firm lawyers that pro bono work has numerous rewards — and that they can continue on that path after they retire by starting new careers with nonprofits.
 
1st Circuit: Hannaford customers can recover some foreseeable mitigation costs of data breach Top
Customers victimized by a data breach at Hannaford Brothers Co., a supermarket company, can bring some negligence and implied contract claims against the company, the U.S. Court of Appeals for the 1st Circuit has ruled.
 
Judge rules MGA was too late with antitrust claims against Mattel Top
A federal judge has dismissed an antitrust suit brought by MGA Entertainment Inc. against Mattel Inc., concluding that it raised allegations that were too similar to the claims already contained in a related copyright case between the parties, but gave the Bratz doll maker an opportunity to amend its complaint.
 
Big law school loan provider getting out of the business Top
A change in federal student loan policy has forced Access Group Inc., a nonprofit company that has been the largest single provider of loans to law students since 1983, to stop lending to new students and to shed most of its staff.
 
Banks, FHFA debate how to coordinate 17 mortgage-backed securities suits Top
Will they hang together or separately? That's the question before the U.S. District Court for the Southern District of New York, where 17 of the world's biggest financial institutions are being sued by the Federal Housing Finance Agency for selling Fannie Mae and Freddie Mac $200 billion worth of sub-par mortgage-backed securities.
 
Teva must pay Pfizer $378K in attorney fees for pursuing 'frivolous' claim in case over Viagra patent Top
A Virginia federal judge has slapped Teva Pharmaceuticals USA Inc. with an order to pay $378,285 of Pfizer Inc.'s attorney fees for its litigation conduct during Pfizer's case claiming Teva infringed its patent that underpins Viagra.
 
Judge allows Orrick to fire MGA over unpaid bills Top
A federal judge has granted Orrick, Herrington & Sutcliffe's motion to withdraw from representing MGA Entertainment Inc., maker of the Bratz doll, in its copyright dispute with Mattel Inc.
 
Firms defend their work in Dodgers bankruptcy against trustee's attack Top
The U.S. trustee overseeing the bankruptcy case of the Los Angeles Dodgers has objected to about $350,000 in legal fees and expenses, arguing that work billed by attorneys to obtain financing over the summer was "not reasonably likely to benefit" the team.
 
Law school asks judge to toss graduates' fraud claims Top
Each of the three law schools that have been sued for fraud by graduates this year has now answered with a motion to dismiss. Lawyers for the Thomas M. Cooley Law School filed its motion on Oct. 20, following motions by the Thomas Jefferson School of Law on July 18 and New York Law School on Oct. 13.
 
ENERGY LAW: This energy watchdog has sharp teeth Top
Michael Bromwich has shown he's got the bark — and the bite — to oversee the creation of three new agencies to replace the disgraced Minerals Management Service following the Gulf of Mexico oil spill disaster.
 
ENERGY LAW: REITs may be an answer to the transmission deficit Top
They offer a private alternative to public financing for infrastructure improvements.
 
ENERGY LAW: Industry unfazed by revised Marcellus yield estimates Top
Two agencies delivered sharply contrasting views of the richness of the resource.
 
ENERGY LAW: Battle lines form over hydraulic 'fracking' Top
Both sides are positioning their troops across the legislative, executive and judicial theaters.
 
THE PRACTICE: Courts divide over DNA sampling of arrestees Top
Some view it as just a modern version of fingerprinting; others say it's far more intrusive and requires a balancing test.
 
OPINION: Don't extend 'war on terrorism' Top
National Defense Authorization Act would likely allow military detention of U.S. citizens and others arrested here.
 
THE CAREERIST: Tell daughters about Anita Hill Top
As bad as sexism might be today, it was far worse back before Anita Hill shined a glaring light on it. Thanks to Anita Hill, my daughter will have to put up with a lot less nonsense.
 
Protect innovators, not copyright lawyers Top
If Viacom succeeds in having last year's judgment in favor of YouTube overturned, it will be a crushing blow for small startups — the YouTubes, Facebooks and Googles of tomorrow.
 
IP LAW: A SPECIAL REPORT Top
The sweeping patent reform law enacted last month is expected to create new classes of intellectual property winners and losers as game-changing provisions kick in during the next 18 months.
 
WHO REPRESENTS CORPORATE AMERICA Top
For this year's survey of the law firms who represent America's largest corporations, we've chosen to highlight one example of the longer-term relationships between in-house counsel and the law firms that represent them.
 
THE PLAINTIFFS' HOT LIST Top
These 20 firms are at the cutting edge of plaintiffs' work — and are giving defense players a run for their money. • Hare Wynn harvests big victory in rice row • In NYSE case, Labaton created a bull market • Whatley Drake finds healthy return in insurance fights
 

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Y! Alert: National Law Journal - Washington


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A fight over 'Libya' Top
As violence between rebels and government forces in Libya escalated in February, the conflict found its way to an unusual place — a cybersquatting case in Washington federal court.
 
Kagan bows out of 66 cases in new term Top
Supreme Court Justice Elena Kagan's prior position as U.S. solicitor general continues to prompt her to recuse herself in individual cases as she begins her second term on the Court.
 
Antitrust spat tests D.C. courts' jurisdiction Top
Just because federal agencies are housed within city limits, the precedent goes, doesn't mean D.C. courts have jurisdiction to hear every case that involves contact with a federal actor. An antitrust dispute between Brazilian and U.S. producers of materials used to make steel is testing the limits of this precedent.
 
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.
 
INADMISSIBLE Top
Davis v. dictatorship over fees; Issa furious, wants truth fast; no more FREE rides; Hamann says yes again to Naaman deal; Machen on legal dramas; in(and out)carceration; and Roberts' waiving school in this week's column.
 
Conviction upheld in Congressional bribery case — with a major caveat Top
A federal appeals court has upheld the conviction of a former defense contractor on charges of bribing disgraced U.S. Rep. Randall "Duke" Cunningham, but ordered a hearing on a constitutional issue that could open the door to a new trial.
 
D.C. Circuit grapples with contempt dispute in Ted Stevens case Top
The lawyers representing two attorneys in the botched public corruption case against late Alaska Sen. Ted Stevens (R) Monday asked an appeals court in Washington to vacate a judge's order holding the prosecutors in contempt.
 
Software company may maintain two separate suits against DOJ Top
A software company's Lanham Act case against the U.S. Department of Justice in federal district court doesn't bar it from maintaining a separate case against DOJ in the U.S. Court of Federal Claims for breach of license, the U.S. Court of Appeals for the Federal Circuit has ruled.
 
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.
 
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.
 
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.
 

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Y! Alert: National Law Journal - Washington


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The latest from National Law Journal - Washington


Rule sought for unsealing grand jury records Top
For months, the U.S. Justice Department vigorously opposed the unsealing of former president Richard Nixon's 1975 testimony in the Watergate investigation, but they lost that dispute over the summer. Now, Attorney General Eric Holder Jr. is pitching a change in the rules to create tighter control over the release of historically significant grand jury material.
 
A fight over 'Libya' Top
As violence between rebels and government forces in Libya escalated in February, the conflict found its way to an unusual place — a cybersquatting case in Washington federal court.
 
Kagan bows out of 66 cases in new term Top
Supreme Court Justice Elena Kagan's prior position as U.S. solicitor general continues to prompt her to recuse herself in individual cases as she begins her second term on the Court.
 
Antitrust spat tests D.C. courts' jurisdiction Top
Just because federal agencies are housed within city limits, the precedent goes, doesn't mean D.C. courts have jurisdiction to hear every case that involves contact with a federal actor. An antitrust dispute between Brazilian and U.S. producers of materials used to make steel is testing the limits of this precedent.
 
INADMISSIBLE Top
Equal Justice praise from AG; new IG nom pleases Republicans; tuber lobbying; briefly in the brig; Davies case changes goals; honoring McLeese; and Thompson Hine in the kitchen in this week's column.
 
Conviction upheld in Congressional bribery case — with a major caveat Top
A federal appeals court has upheld the conviction of a former defense contractor on charges of bribing disgraced U.S. Rep. Randall "Duke" Cunningham, but ordered a hearing on a constitutional issue that could open the door to a new trial.
 
D.C. Circuit grapples with contempt dispute in Ted Stevens case Top
The lawyers representing two attorneys in the botched public corruption case against late Alaska Sen. Ted Stevens (R) Monday asked an appeals court in Washington to vacate a judge's order holding the prosecutors in contempt.
 
Software company may maintain two separate suits against DOJ Top
A software company's Lanham Act case against the U.S. Department of Justice in federal district court doesn't bar it from maintaining a separate case against DOJ in the U.S. Court of Federal Claims for breach of license, the U.S. Court of Appeals for the Federal Circuit has ruled.
 
Doomsday at the high court: What to do? Top
What would happen if some or all of the nine justices of the U.S. Supreme Court were taken out in a terrorist attack? It's a question that the framers of the Constitution did not anticipate, and policymakers ever since have not thought much about. As a result, the answer is the same as for the departure of a single justice: the clunky nomination and confirmation process.
 
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.
 
Not quite ready to quit Top
Some legal public service advocates are planting seeds among senior firm lawyers that pro bono work has numerous rewards — and that they can continue on that path after they retire by starting new careers with nonprofits.
 
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.
 
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.
 

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Y! Alert: All News RSS - The Recorder


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Y! Alert: Law Firms RSS - The Recorder


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Friday, October 21, 2011

Y! Alert: Law.com - Newswire


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The latest from Law.com - Newswire


Banks, FHFA debate how to coordinate 17 mortgage-backed securities suits Top
A federal judge is considering dueling proposals for how to handle suits brought by the Federal Housing Finance Agency against 17 of the world's biggest financial institutions over $200 billion in sub-par mortgage-backed securities. The banks, represented by 35 lawyers from nine elite firms, argue that the cases should be coordinated, while the government contends that the issues are fact-specific.
 
'Pivotal Role' for General Counsel in Corporate Political Activity Top
The machinations of the 2012 election cycle are fully in motion, and general counsel will be key in developing oversight for corporate political spending, as well as promoting transparency and accountability, according to the authors of a new report by The Conference Board.
 
Former MoFo Partner Pleads Guilty to Bilking Insurers, Schools Top
Jonathan Dickstein, a former Morrison & Foerster partner in San Francisco, could wind up in prison after pleading guilty to 31 felony counts stemming from a $400,000 scam he and his wife concocted based on their autistic son's education and medical treatment.
 
Judge rules MGA was too late with antitrust claims against Mattel Top
A federal judge has dismissed an antitrust suit brought by MGA Entertainment against Mattel, concluding that it raised allegations that were too similar to the claims in a related copyright case between the parties, but gave the Bratz doll maker an opportunity to amend its complaint.
 
Big law school loan provider getting out of the business Top
A change in federal student loan policy has forced Access Group, a nonprofit company that has been the largest single provider of loans to law students since 1983, to stop lending to new students and to shed most of its staff.
 
Janet Day on Law Firm IT 'Nirvana' Top
LTN reporter Evan Koblentz speaks with Berwin Leighton Paisner CIO Janet Day about her "concept of nirvana," in which the consumerization of IT in law firms -- where lawyers use and maintain their favorite devices for work -- makes the help desk unnecessary. Koblentz and Day also discuss Hewlett-Packard's move to become more consumer-focused as Apple potentially becomes more business-focused.
 
The Final Rothstein Auction Top
The third and final auction of items from Ponzi schemer Scott Rothstein features a stuffed lion, dozens of pricey shoes and dresses and a $3,000 Hello Kitty purse.
 
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.
 
Jury Convicts on Four of Five Counts in Facebook Threat Case Top
A federal jury has found a Facebook user guilty of four counts of threatening his estranged wife, a kindergarten class, law enforcement authorities and an FBI agent, and not guilty of threatening patrons and employees of his former workplace.
 
1st Circuit: Hannaford customers can recover some foreseeable mitigation costs of data breach Top
Customers victimized by a data breach at supermarket company Hannaford Brothers can bring some negligence and implied contract claims against the company, a 1st Circuit panel has ruled. The breach involved the theft of up to 4.2 million debit card and credit card numbers.
 
Judge Denies Anonymity to Prop 8 Donors Top
A California federal judge has ruled against Prop 8 donors seeking an exemption from state campaign finance disclosure. In denying their motion for summary judgment, the judge found that Prop 8 proponents aren't members of a minority group that could suffer harm if their identities were exposed.
 
General Mills Feasts on Victory in Food Labeling Case Top
The 7th Circuit has dismissed a class action suit against General Mills over the labeling of its Fiber One breakfast bar. The company's general counsel calls it a "very important decision," that "provides clarity around what food manufacturers are required to do on consumer product labeling."
 
Old Principle Gets New Spin in UIM Case Top
It may be hard to imagine a meaningful connection between LeBron James' Twitter activity and the century-old "rescue doctrine," but such became clear when a plaintiffs attorney sought to apply the "context of the modern world" to the doctrine during arguments before the Pennsylvania Supreme Court.
 
Businesses Sue Lawyer, O'Quinn Firm Seeking $110 Million Top
Two businesses are seeking more than $110 million in damages in a negligence and breach of fiduciary suit against Russell T. Lloyd and his firm, John M. O'Quinn & Associates of Houston, over an allegedly "disastrous result" in underlying litigation in California and Alabama.
 
DOJ Settles Indian Trust Suit For $380 Million Top
The U.S. Justice Department is settling a long-running Indian trust suit for $380 million, resolving accounting and management claims the Osage Tribe of Oklahoma filed in 1999. The settlement designates $34.2 million for attorney fees.
 
Ruling Paves Way for Collective Arbitration of Pilots' Grievance Top
An arbitrator, not a court, must decide whether more than 700 JetBlue pilots can collectively arbitrate a salary dispute, a New York court has ruled, rejecting the argument that the Supreme Court's Stolt-Nielsen ruling precludes collective arbitration when not explicitly allowed by a contract.
 
Suit Drags on Against the Lawyer Who Wrote the Book On Legal Malpractice Top
Hilton Stein, the former dean of New Jersey legal malpractice lawyers who went bankrupt and has been on disability inactive status since 2002, is fighting to stave off trial of a nearly 10-year-old suit by a former client.
 
Panel Criticizes 'Tasteless' Questioning of Domestic Violence Victims Top
Six months after suspending an attorney for professional misconduct, a New York appellate panel has harshly criticized the same lawyer for his ineffective work and for subjecting two victims of domestic violence to "tasteless and irrelevant, even prurient" cross-examination.
 
Ousted Chamber of Commerce Official Sues, Alleging 'Old Boys Club' Sex Bias Top
A former New Jersey Chamber of Commerce executive is suing the organization, claiming it harbors a "culture of intoxication" that fosters lewd behavior toward female employees. The former VP alleges she endured retaliation and dismissal after reporting she had been sexually harassed.
 
Veteran Lawyers Expound on Value of Public Service Top
Federal appeals court Judge David Tatel and U.S. Solicitor General Donald Verrilli Jr. shared their pro bono experiences and what inspired them to take up public service jobs during a panel discussion Friday, part of the Equal Justice Works Annual Conference and Career Fair.Visit lawjobs.com News & Views
 

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Y! Alert: National Law Journal


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My Alerts

The latest from National Law Journal


Banks, FHFA debate how to coordinate 17 mortgage-backed securities suits Top
Will they hang together or separately? That's the question before the U.S. District Court for the Southern District of New York, where 17 of the world's biggest financial institutions are being sued by the Federal Housing Finance Agency for selling Fannie Mae and Freddie Mac $200 billion worth of sub-par mortgage-backed securities.
 
Teva must pay Pfizer $378K in attorney fees for pursuing 'frivolous' claim in case over Viagra patent Top
A Virginia federal judge has slapped Teva Pharmaceuticals USA Inc. with an order to pay $378,285 of Pfizer Inc.'s attorney fees for its litigation conduct during Pfizer's case claiming Teva infringed its patent that underpins Viagra.
 
1st Circuit: Hannaford customers can recover some foreseeable mitigation costs of data breach Top
Customers victimized by a data breach at Hannaford Brothers Co., a supermarket company, can bring some negligence and implied contract claims against the company, the U.S. Court of Appeals for the 1st Circuit has ruled.
 
Judge rules MGA was too late with antitrust claims against Mattel Top
A federal judge has dismissed an antitrust suit brought by MGA Entertainment Inc. against Mattel Inc., concluding that it raised allegations that were too similar to the claims already contained in a related copyright case between the parties, but gave the Bratz doll maker an opportunity to amend its complaint.
 
Big law school loan provider getting out of the business Top
A change in federal student loan policy has forced Access Group Inc., a nonprofit company that has been the largest single provider of loans to law students since 1983, to stop lending to new students and to shed most of its staff.
 
Judge allows Orrick to fire MGA over unpaid bills Top
A federal judge has granted Orrick, Herrington & Sutcliffe's motion to withdraw from representing MGA Entertainment Inc., maker of the Bratz doll, in its copyright dispute with Mattel Inc.
 
Firms defend their work in Dodgers bankruptcy against trustee's attack Top
The U.S. trustee overseeing the bankruptcy case of the Los Angeles Dodgers has objected to about $350,000 in legal fees and expenses, arguing that work billed by attorneys to obtain financing over the summer was "not reasonably likely to benefit" the team.
 
Law school asks judge to toss graduates' fraud claims Top
Each of the three law schools that have been sued for fraud by graduates this year has now answered with a motion to dismiss. Lawyers for the Thomas M. Cooley Law School filed its motion on Oct. 20, following motions by the Thomas Jefferson School of Law on July 18 and New York Law School on Oct. 13.
 
Kappos: Adjusting to the America Invents Act will take some time Top
The U.S. Patent and Trademark Office is working hard to implement changes in the wake of the passage of the America Invents Act, but the changes will not immediately be perfect, PTO director David Kappos said Wednesday.
 
IP LAW: A SPECIAL REPORT Top
The sweeping patent reform law enacted last month is expected to create new classes of intellectual property winners and losers as game-changing provisions kick in during the next 18 months.
 
OPINION: Patent Reform Top
Practitioners sound off on the merits and drawbacks of the sweeping new law.
 
THE PRACTICE: Liebman's National Labor Relations Board legacy Top
The board she chaired returned to Clinton-era precedent in many areas but also fashioned unprecedented new rules.
 
IN-HOUSE COUNSEL: Scanners Top
Profile of John Ellsworth, general counsel for ScanSource Inc.
 
Protect innovators, not copyright lawyers Top
If Viacom succeeds in having last year's judgment in favor of YouTube overturned, it will be a crushing blow for small startups — the YouTubes, Facebooks and Googles of tomorrow.
 
WHO REPRESENTS CORPORATE AMERICA Top
For this year's survey of the law firms who represent America's largest corporations, we've chosen to highlight one example of the longer-term relationships between in-house counsel and the law firms that represent them.
 
Small Firms, Big Companies: A Special Report Top
Profiles of law firms of 50 lawyers and under that represent major corporations.
 
THE PLAINTIFFS' HOT LIST Top
These 20 firms are at the cutting edge of plaintiffs' work — and are giving defense players a run for their money. • Hare Wynn harvests big victory in rice row • In NYSE case, Labaton created a bull market • Whatley Drake finds healthy return in insurance fights
 

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