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Monday, November 14, 2011

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High court will decide fate of health care law Top
In what will be a historic test of congressional power, the U.S. Supreme Court on Monday said it will decide the constitutionality of the Patient Protection and Affordable Care Act. Everything about the challenge looms large -- from the political ramifications of a ruling during a presidential election campaign to the legal and social implications for Congress' ability to address national problems.
 
Lawyers Say Sovereign Immunity Won't Affect Penn State Abuse Suits Top
Penn State University will not be able to invoke sovereign immunity as a defense in the wake of the child sex abuse scandal, lawyers have told The Legal Intelligencer, in what court watchers are calling inevitable civil action calling for massive amounts of money against the university.
 
Charity Tied To Penn State Scandal Hires Counsel; Key Witness Contacts Firm Top
The Second Mile, in the middle of the sexual abuse scandal roiling Penn State University, has hired a former Philadelphia district attorney to serve as its new outside general counsel, while an assistant coach on leave from the school has sought legal counsel of his own.
 
O'Donnell headed to trial after judge rebuffs government on plea deal Top
A federal judge has rejected Pierce O'Donnell's plea agreement, meaning he will go to trial on felony charges of making illegal campaign contributions. During a sentencing hearing, the judge said O'Donnell had "made a mistake" that was apparently caused by "a psychiatric condition."
 
Ponzi Investor Splinter Group Loses Bid to Shake Up Stanford Receivership Top
On Monday the Dallas federal district court judge overseeing the receivership of alleged Ponzi schemer R. Allen Stanford's collapsed financial empire threw out a motion by a group of disaffected investors who have been trying to intervene in the proceedings since June.
 
John D. Green on Improving the End-User Experience Top
John D. Green, CIO of Baker Donelson, speaks at ILTA with LTN's editor in chief, Monica Bay, about an initiative to improve the end-user experience at his firm by tracking and mapping every application in use using the Aternity Frontline Performance Intelligence software.
 
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.
 
Luce Forward in Merger Talks With McKenna Long Top
Merger talks between 475-attorney McKenna Long & Aldridge and 145-attorney Luce Forward Hamilton & Scripps are well under way, Luce Chairman Kirk Kicklighter confirmed Monday. But no agreement has been signed and the two firms haven't held partnership votes.
 
Switching Sides: Owners' Lawyer in NFL Lockout, David Boies Signs on With NBA Players Top
The NBA season appears doomed after players rejected the latest offer for a new collective bargaining agreement and announced they hired Boies, Schiller & Flexner for a possible antitrust suit. Is the fact that David Boies was on the owners' side in the last major sports labor dispute a problem?
 
Deutsche Bank, Citi Settle MBS Claims with Credit Union Regulator for a Combined $165.5 Million Top
Deutsche Bank and Citigroup have agreed to pay -- $145 million and $20.5 million, respectively -- rather than join the National Credit Union Administration's litigation hit list. The NCUA said it will apply the settlements to $3.3 billion in charges related to credit union failures during the financial crisis.
 
Disclosures of Intervention to Support ARS Market Defeat Claim That Merrill Sent False Pricing Signal Top
Disclosures by Merrill Lynch that it routinely intervened to place support bids in the market for auction rate securities are sufficient to avoid liability under the Securities Exchange Act of 1934, the 2nd U.S. Circuit Court of Appeals ruled Monday.
 
Judge Slashes Damages in Alcatel-Lucent's Incredible Shrinking Patent Suit Against Microsoft Top
Since 2008, when a jury awarded Alcatel-Lucent a whopping $358 million on its infringement claims, Microsoft's lawyers have systematically whittled away at their client's damages. On Friday they did it again, when a San Diego federal judge slashed Alcatel-Lucent's award to just $26.3 million.
 
Trademark Holder's Covenant Not to Sue Bars Alleged Infringer's Counterclaims, Panel Rules Top
A trademark plaintiff's delivery of a broad covenant not to sue divests a district court of jurisdiction over counterclaims by the alleged infringer, the 2nd Circuit has ruled, addressing a question of first impression in the circuit. The decision came in a suit by Nike over its Air Force 1 shoe brand.
 
Appeals Court Unkind To Abramoff Friend In Plea Deal Dispute Top
The D.C. Circuit appears unlikely to allow Michael Scanlon, a consultant charged in the Jack Abramoff lobbying scandal, to amend his plea deal with federal prosecutors. Scanlon's attorney argued Monday that the Supreme Court's Skilling decision gutted part of the plea arrangement.
 
Legal Services braces for cuts Top
Members of Congress are in the midst of negotiations over fiscal 2012 spending legislation that likely will lead to another cut in funding for the Legal Services Corp. Congress has decreased the nonprofit agency's budget by more than $20 million since fiscal 2010.
 
With 2nd Circuit Ruling on Afghanistan, Cozen O'Connor Sees Chance to Revive 9/11 Suit Against Saudi Arabia Top
A 2nd Circuit panel considering a 9/11 widower's wrongful death suit against Afghanistan found that the suit fell under a non-terrorism exception to the Foreign Sovereign Immunities Act. Will the decision allow Cozen O'Connor to revive its own 9/11 suit against Saudi Arabia?
 
J&J Points Fingers at Pharma Rivals in Risperdal Kickbacks Case Top
The "everybody else was doing it too" defense is usually a long shot. But in a False Claims Act case alleging Johnson & Johnson paid kickbacks to Omnicare, J&J wants a judge to compel the Justice Department to fork over documents to back the company's claims that its actions amounted to business-as-usual.
 
Motherwell's Assistant Loses Bid for Lifetime Job With Foundation Top
A New York appeal court has ruled that the longtime assistant of abstract expressionist Robert Motherwell could not bring a claim based on the artist's alleged promise that she would be employed for life because New York and Connecticut law do not recognize lifetime employment contracts.
 
Supreme Court Will Tackle Legality of Hike in Judges' Pension Contributions Top
The New Jersey Supreme Court agreed last week to decide whether the state constitution was violated by a law that increased state judges' pension and health-benefit contributions without concomitantly increasing their salaries. The chief justice has recused from the case for unstated reasons.
 
What Will Be the Legal Fallout for Olympus Corp.? Top
Olympus Corp. admitted last week that former executives disguised more than $1 billion in investment losses as fees and costs incurred in a series of acquisitions. In the U.S., lawyers would be gearing up for years of litigation after such a disclosure. But in Japan, things are likely to be a lot different.Visit International News
 
Maximizing the Recruiter Relationship Top
Legal search consultants Valerie Fontaine and Roberta Kass outline some strategies to help job candidates get the most benefit from their relationships with recruiters and achieve their career goals. Among their tips: Communicate openly and honestly, be responsive and respect the recruiting process.Visit lawjobs.com News & Views
 
E-Discovery Pricing Strikes Back Top
Evan Koblentz's recent commentary, "The Dark Side of E-Discovery Pricing," elicited a lot of reader responses, both online and via email. The consensus: Pricing is a real problem and everybody knows it.Visit Law Technology News
 

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